I-864 new employment how to state salary

[meldia7 0]

Hello,

I am a US citizen filling out the I-864 form for my spouse. My employment situation is a bit complicated so I need some advice.

I plan to file with a co-sponsor in order to guarantee we have adequate income for the requirements.

My doubt is that I just started working as an independent contractor for a US based company 2 months ago and my salary is 100% commission based. When it asks for my annual salary, how can I put this value in when I do not receive a monthly fixed income? I also do not have W-2s nor have I filed taxes for this job yet because I just started working there in Sept. 2015.

Can I just put an estimated amount for annual income and get a letter from my employer? Or do I just use my employment information from last year and tax docs from 2014? And use this new job as proof of domicile?

Please help!!

Thank you in advance!!

[aaron2020 11,651]

Hello,

I am a US citizen filling out the I-864 form for my spouse. My employment situation is a bit complicated so I need some advice.

I plan to file with a co-sponsor in order to guarantee we have adequate income for the requirements.

My doubt is that I just started working as an independent contractor for a US based company 2 months ago and my salary is 100% commission based. When it asks for my annual salary, how can I put this value in when I do not receive a monthly fixed income? I also do not have W-2s nor have I filed taxes for this job yet because I just started working there in Sept. 2015.

Can I just put an estimated amount for annual income and get a letter from my employer? Yes, do both. A guesstimate is the best you can do since you do not have a fixed salary. Or do I just use my employment information from last year and tax docs from 2014? Current income is what matters. Your prior income that is not ongoing is good to show you can earn a good income but is mostly irrelevant. And use this new job as proof of domicile? Sure if the job requires you to be in the US. You mentioned working as an independent contractor for a US based company, but did not specified where you would work from. If you can do the job from anywhere, then the job is not good proof that you have a US domicile. If you had to be at a certain place in the US for your job, then that helps with proving you have a US home and domicile.

Please help!!

Thank you in advance!!

You should look into getting a Joint Sponsor.

[meldia7 0]

The job is 100% remote but since most of my clients are based in the U.S. it will beneficial to the company for me to reside in the U.S.

I will have my company write a letter showing the amount of commission made so far and state that it will be beneficial to reside in the U.S. Do you think this is sufficient?

Thanks again for your help! This is most definately the most difficult step so far in this process!!

[Anh map 2,098]

A self employed person uses line 22 of the most recent tax year's form 1040 as their income amount. So you will need your 2015 form 1040 to show income. Fill in your current income with your best estimate and then line up a joint sponsor who does qualify.

[aaron2020 11,651]

The job is 100% remote but since most of my clients are based in the U.S. it will beneficial to the company for me to reside in the U.S. Does not help with a US domicile since you can do the job from anywhere in the world.

I will have my company write a letter showing the amount of commission made so far and state that it will be beneficial to reside in the U.S. Do you think this is sufficient? Not to prove a US domicile since you have done the job for 2 months from outside the US.

Thanks again for your help! This is most definately the most difficult step so far in this process!!

The job helps shows an income that will continue after you come back to the US.

The job does not help show a US domicile since the can be done remotely from abroad. While a letter from your employer showing that it would be beneficial for you to be in the US, it is not required. The fact is that you have successfully done this job for 2 months abroad and could continue to do so.

Furthermore, a US domicile is a home. It's not a work place. If you are required to go to a specific workplace in the US, then its supporting evidence that you have a home nearby. That's all. A remote job does not show you have a home near by since you can be anywhere in the world.

[meldia7 0]

Right...however I won't do 2015 taxes until next year so I have to use 2013 and 2014...and I was thinking on getting a letter from the current employer stating I have the job etc....will this suffice?

[Pitaya 2,577]

~Moved from K1 Process to IR1/CR1 Process Forum~

~Inquiry about Spouse visa process, not K1-related~

[timchew 0]

Meldia7,

My understanding of the facts is that you are living abroad but just began a new job for which you will be paid on commission. You will be moving to the U.S. not later than your spouse.

If that's correct, then according to this Affidavit of Support Help Center, Parts 5.2 and 6:

1. Any wages shown on your 2014 tax return aren't relevant to your ability to support your spouse in the U.S. because once your spouse arrives in the U.S. you will no longer be working that job.

2. You can only speculate about your income from the job since you don't yet have a track record showing how much you can expect to earn each month: you don't yet have good evidence.

So yes, you should consider another strategy to prove your income and/or assets are sufficient to support your spouse--consider relying on your assets and/or your spouse's, or consider finding a joint sponsor.

[aaron2020 11,651]

Right...however I won't do 2015 taxes until next year so I have to use 2013 and 2014...and I was thinking on getting a letter from the current employer stating I have the job etc....will this suffice?

Maybe. It would be best to line up a Joint Sponsor.

[meldia7 0]

Hello, thanks for all your advice on this...this step is not easy....

I have a joint sponsor lined up already. My brother is going to do it. Actually, my brother owns a company and can show the required income. This is where we will live once we go back to the US.

The job I started was with the understanding that I will be moving to the US so my job is dependent on this fact. I was thinking I could have my employer sign a letter showing that the condition of my employment is based on the fact that I will be moving to US once my husband's visa is approved.

DOMICILE- Does this not prove that since the condition of my employment is based on my ability to return to US?

Can my joint-sponsor also prove Domicile or do I also have to prove this? I have been living abroad for 5 years and have no home in the US. We would do this together once the visa is approved.

Basically, right now, I'm waiting for a letter from my employer stating my estimated income and the fact that my employment is based on being able to re-locate to the US and the I-864 and tax forms of my joint sponsor...after this is done, I think I will be able to send all these papers in...I think I'll have everything I need?!

[aaron2020 11,651]

Hello, thanks for all your advice on this...this step is not easy....

I have a joint sponsor lined up already. My brother is going to do it. Actually, my brother owns a company and can show the required income. This is where we will live once we go back to the US.

The job I started was with the understanding that I will be moving to the US so my job is dependent on this fact. I was thinking I could have my employer sign a letter showing that the condition of my employment is based on the fact that I will be moving to US once my husband's visa is approved.

DOMICILE- Does this not prove that since the condition of my employment is based on my ability to return to US? It helps show your intent to reestablish a US domicile, but it is not conclusive. You will need other evidence.

Can my joint-sponsor also prove Domicile or do I also have to prove this? A domicile is a US home. Your brother can not help show you have a US home. A US domicile is only about you. I have been living abroad for 5 years and have no home in the US. We would do this together once the visa is approved.

Basically, right now, I'm waiting for a letter from my employer stating my estimated income and the fact that my employment is based on being able to re-locate to the US and the I-864 and tax forms of my joint sponsor...after this is done, I think I will be able to send all these papers in...I think I'll have everything I need?!

The letter from your employer will help with the US domicile issue.

Google "reestablishing US domicile."

[meldia7 0]

Hello,

Regarding Domicile. Since I have no property in the US and my job helps but is a guarantee of Domicile what other evidence can I provide since I have been living in Brazil for the last 5 years? I do not understand this requirement. Is this something I have to send in the supporting evidence documentation?

Edited November 11, 2015 by meldia7

[aaron2020 11,651]

Hello,

Regarding Domicile. Since I have no property in the US and my job helps but is a guarantee of Domicile what other evidence can I provide since I have been living in Brazil for the last 5 years? There is no such thing as a guarantee of Domicile. I do not understand this requirement. Is this something I have to send in the supporting evidence documentation? Yes, absolutely. This is a DIY website. Domicile is a regular ongoing subject. There are many threads discussing reestablishing a US domicile. Use the search function. Use Google.

[meldia7 0]

Thanks Aaron, I hope I'm able to figure this part out!

[timchew 0]

Meldia,

USCIS and the State Department list several factors that may show an intention to reestablish domicile in the U.S.

The major ones, it seems to me, include:

• Accepting a job or “seeking employment” in the U.S.
• Signing a lease, purchasing a residence, or making arrangements to stay in another’s home. (Just beginning a house search is not mentioned but may be relevant too).
• Registering children in U.S. schools.

The minor ones, it seems to me, include:

• Opening a bank account or transferring funds to the U.S. or investing in the U.S.
• Voting in U.S. elections.
• Getting a U.S. driver’s license.

This list of factors is not meant to be exclusive. A sponsor may have other relevant evidence of plans to reestablish domicile in the U.S. For example, maybe you posted on Facebook that you intend to move back to the U.S. and 10 friends and relatives commented, "Yeah!"