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pilotkausa

proof of current income as self-employed

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My husband and I are about to file for AoS for me, (I'm on F1 visa)

He has been self employed for last 2.5 years.

He doesn't have any professional licensing, he works as a automotive technician, mostly for cash.

We filed taxes as MFJ in 2014 and his individual income and out total household income exceeds the poverty guideline.

I am confused how can we proof what his current income is. We don't use a CPA, we did out taxes ourselves. His bank account statement would not represent how much he currently makes because he rarely deposits money into the account. We could provide a self written letter of employment but would it be sufficient? I am trying to avoid RFE...

thank you for your time.

Edited by pilotkausa

07.2012: First met my future husband
01.08.2012: Started dating
04.22.2014: Marriage

02.12.2016: Sent AOS/EAD package

02.16.2016: Priority date on NOA1

02.22.2016: NOA1 Texts/emails received

02.26.2016: hard copies of NOA1 in the mail

03.07.2016 walk-in Biometrics (scheduled for 3/15/2016)

03.21.2016 RFE for I-485

05.19.2016 Second RFE for I-485

07.15.2016 EAD approval notice

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Filed: AOS (pnd) Country: Ukraine
Timeline

His separate tax return for 2013 and your joint tax return are good documents to begin with. I assume he reports his income on Schedule C of the tax return. For the years without tax return filed, like for 2015, he can provide profit and loss statement (either QuickBooks or simple spreadsheet with income and expenses breakdown). By the time you get interview, your 2015 tax return will likely be already filed, so you can bring a copy of your 2015 tax return.

All these documents would work for IRS to confirm your self-employment income, although IRS also asks for bank statements. My guess the same documents may work for the USCIS.

In fact, I just looked up instructions for Affidavit of Support, that state practically the same thing I wrote above:

If you selected Part 6., Item Number 1.b. that you are self-employed, you should have completed one of the following
forms with your Federal income tax return: Schedule C (Profit or Loss from Business), Schedule D (Capital Gains),
Schedule E (Supplemental Income or Loss), or Schedule F (Profit or Loss from Farming). You must include each and
every Form 1040 Schedule, if any, that you filed with your Federal income tax return.

As a note unrelated to your AOS, your husband should keep detailed paperwork (like receipts, statements, bills) confirming his income and expenses, because he can get into a trouble with his "cash dealings" if there is an IRS audit (by trouble I mean additional tax assessed and expenses disallowed).

Good luck!

------

I-130 (as part of IR-5 process) - USCIS (Nebraska Service Center)

06/09/14 - sent I-130

06/14/14 - NOA 1

11/14/14 - NOA 2 (5 months)

AOS (Local Office: Denver)

03/24/15 - AOS packet sent via USPS Priority Mail (I-485, I-765 & I-131 w/ approved I-130)

03/26/15 - package delivered according to USPS website

04/01/15 - email notifying the AOS package has been received

04/02/15 - an AOS fee withdrawn from a bank account

04/09/15 - received hard copies of all three NOAs (NOAs dated 04/01/15)

04/28/15 - Biometrics

05/08/15 - online status changed to "Case is ready to be scheduled for an interview"

05/18/15 - online status changed to I-765 approved-wait the card in the mail (no change for I-131) (80 days)

05/19/15 - received EAD/AP in the mail

05/28/15 - online status changed to "As of June 28, case is ready to be scheduled for an interview." This is the second time of such change since 05/08/15.

07/05/15 - online status changed to "As of July 5, case is ready to be scheduled for an interview." How many times are they going to update that status, I wonder?

12/18/15 - still waiting!!! For almost 9 months now (261 days from AOS NOA, 234 days from Biometrics).

01/14/16 - submitted "out-of-normal processing time" inquiry and called USCIS that stated the case is still at NBC and "inquiry" should answer why there is such delay.

01/15/16 - 294 days since the AOS was received by the USCIS; 262 days from the biometrics.

01/28/16 - [day 309] received response to case status inquiry (processed on 01/23/15) - "your case is waiting to be scheduled for interview," so wait another 90 days [sigh].

02/21/16 - [day 332] interview scheduled for 03/24/16 [363 days from the receipt of petition].

02/24/16 - [day 363] AOS interview. Approval on the spot.

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