Change of status income requirement question...

[Leight75 0]

Hello I'm not sure if this is in the correct category (apologies if it is not) we're in the process of the change of status after getting married on a K1 Visa.

What income figure do they use to see if you have earned enough to support the person?

My wife's current individual annual income was $42,500 but because she is self employed and works from home running her own licensed daycare she is able

to claim a lot back because she can claim for some rent, power bills etc.. so on her latest tax returns her adjusted gross income was around $15,000 which is

way under the poverty guideline. What figure do they use to work that out?

I can get co sponsors if needed and we do have some assets we can use although not totaling the $30,000 we'd need if they do use the $15,000 figure.

Also I read I can get multiple co sponsors do they all have to meet the requirements individually or can they combine the co sponsors?

Thanks

[Penny Pincher 11]

Hello I'm not sure if this is in the correct category (apologies if it is not) we're in the process of the change of status after getting married on a K1 Visa.

What income figure do they use to see if you have earned enough to support the person?

My wife's current individual annual income was $42,500 but because she is self employed and works from home running her own licensed daycare she is able

to claim a lot back because she can claim for some rent, power bills etc.. so on her latest tax returns her adjusted gross income was around $15,000 which is

way under the poverty guideline. What figure do they use to work that out?

I can get co sponsors if needed and we do have some assets we can use although not totaling the $30,000 we'd need if they do use the $15,000 figure.

Also I read I can get multiple co sponsors do they all have to meet the requirements individually or can they combine the co sponsors?

Thanks

If her CURRENT Gross Annual Income is enough for her to support you (with other household, if she has kids) it will be good to go. Just have some valid evidences to prove it. However, I would get co-sponsors (I believe you can't combine them together and it should be one) just in case. Good luck

[Leight75 0]

The current annual income is $42,500 but our accountant did a really good job this year so the adjusted gross income figure after deductions was just over $15,000

because she works from home we can claim for a lot of things to do with the home, but the income is plenty to live on.

Im just worried they'll see the $15,000 figure and think its way too low even though the annual income is over $40,000 (the household number is 3)

When i look at the form the bit they fill in (For USCIS use only) it seems like they use the annual income figure because it refers to page 5 which is the bit about annual income

but im worried because my wifes accountant did such a good job her adjusted gross income is so low.

[Ortolan 381]

Fill in that figure that's on the line they specify, but do send a copy of the tax return in question. They'll be able to look at it and see the adjustments. We had to do that as well; for one of my years the adjusted was about the same as yours.

[Penny Pincher 11]

The current annual income is $42,500 but our accountant did a really good job this year so the adjusted gross income figure after deductions was just over $15,000

because she works from home we can claim for a lot of things to do with the home, but the income is plenty to live on.

Im just worried they'll see the $15,000 figure and think its way too low even though the annual income is over $40,000 (the household number is 3)

When i look at the form the bit they fill in (For USCIS use only) it seems like they use the annual income figure because it refers to page 5 which is the bit about annual income

but im worried because my wifes accountant did such a good job her adjusted gross income is so low.

Since she is self-employed, please check her 1040 form, go to line 22. Total income will be your basis for Affidavit of Support. They don't do the adjusted gross income for approval.

*** When stating current income, only the self employed need to use line 22. For the employed, line 22 reflects past income. Employer letters and/or pay stubs reflect current income. The reason for the difference is because for the self employed, there's no way to calculate "income" as opposed to "revenue" until it is accounted for on a tax return. The employed don't have that problem. ***

Edited March 24, 2016 by Penny Pincher

[Leight75 0]

Since she is self-employed, please check her 1040 form, go to line 22. Total income will be your basis for Affidavit of Support. They don't do the adjusted gross income for approval.

That;s why I'm worried because the figure on line 22 is just over $15,000 even though the total income is $42,500 because we get lots of deductions

from working from home.

[Leight75 0]

Fill in that figure that's on the line they specify, but do send a copy of the tax return in question. They'll be able to look at it and see the adjustments. We had to do that as well; for one of my years the adjusted was about the same as yours.

Ok what ill do is put a cover letter on that form explaining that the total income is over $40,000 even though the adjusted figure is just over $15,000 because

we get so many deductions by working from home, and I'll include the tax return that shows this and all the adjustments.

I can also get a co sponsor and I'll include that just in case it is needed. We also have some assets totaling around $18,000 - $20,000

[Penny Pincher 11]

Ok what ill do is put a cover letter on that form explaining that the total income is over $40,000 even though the adjusted figure is just over $15,000 because

we get so many deductions by working from home, and I'll include the tax return that shows this and all the adjustments.

I can also get a co sponsor and I'll include that just in case it is needed. We also have some assets totaling around $18,000 - $20,000

Line 22 is "Combination of all Income" not deductions.

If you are still unsure with what you have, include the co-sponsor

Edited March 24, 2016 by Penny Pincher

[Nich-Nick 3,354]

That;s why I'm worried because the figure on line 22 is just over $15,000 even though the total income is $42,500 because we get lots of deductions

from working from home.

For a self employed person, a good accountant year on the business works against your immigration needs. The USCIS uses the tax return Line 22 TOTAL INCOME as the income figure. That would be after the business profits were reduced by the allowed business deductions.

You can pick one joint sponsor who must make enough on his own.

There is a way to pool money. If a joint sponsor has a household member with income, he can add that person's income to his. That could be like a man sponsoring who included his wife's' income on his I-864 as a family member. The combined household income would be used. The wife would have to fill out an I-864A to go along with the man's I-864 showing she allowed the pledge of her income on his form. If two people are unrelated and living at separate addresses, they can't combine income on an I-864/I-864A arrangement.

[Leight75 0]

For a self employed person, a good accountant year on the business works against your immigration needs. The USCIS uses the tax return Line 22 TOTAL INCOME as the income figure. That would be after the business profits were reduced by the allowed business deductions.

You can pick one joint sponsor who must make enough on his own.

There is a way to pool money. If a joint sponsor has a household member with income, he can add that person's income to his. That could be like a man sponsoring who included his wife's' income on his I-864 as a family member. The combined household income would be used. The wife would have to fill out an I-864A to go along with the man's I-864 showing she allowed the pledge of her income on his form. If two people are unrelated and living at separate addresses, they can't combine income on an I-864/I-864A arrangement.

Ok thanks, one thing I didn't mention when I am able to work I will be working in the daycare and earning around $20,000 a year from that on top of my wife's earnings,

is this something I can include on the application?

[Nich-Nick 3,354]

Ok thanks, one thing I didn't mention when I am able to work I will be working in the daycare and earning around $20,000 a year from that on top of my wife's earnings,

is this something I can include on the application?

No, your future income will not count on the affidavit of support. If you have savings/assets in the UK, those can be part of the family assets once you marry (and before you apply to adjust status).

If you will study all of the instructions for form I-864, I think you will unerstand what is needed better. https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf For example under Federal Income Tax Return Information

"For purposes of this affidavit, the line for Total Income on IRS Forms 1040 and 1040A will be considered when determining income."

That rules out her gross income her tax return shows on Schedule C before her business deductions.

Will this help?

"If your claimed income includes alimony, child support, dividend or interest income, or income from any other source, you may also include evidence of that income."

It wouldn't appear on a tax return, but could be counted if proven with documentation.

[Penny Pincher 11]

No, your future income will not count on the affidavit of support. If you have savings/assets in the UK, those can be part of the family assets once you marry (and before you apply to adjust status).

If you will study all of the instructions for form I-864, I think you will unerstand what is needed better. https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf For example under Federal Income Tax Return Information

"For purposes of this affidavit, the line for Total Income on IRS Forms 1040 and 1040A will be considered when determining income."

That rules out her gross income her tax return shows on Schedule C before her business deductions.

Will this help?

"If your claimed income includes alimony, child support, dividend or interest income, or income from any other source, you may also include evidence of that income."

It wouldn't appear on a tax return, but could be counted if proven with documentation.

I agree, I have high respect for this person when giving answers and recommendations.

Btw, when my wife had her interview in London embassy, she showed her savings and assets (liquidated in USD). My income that time was only $5000 over the limit. Then, got visa approved!

[Leight75 0]

No, your future income will not count on the affidavit of support. If you have savings/assets in the UK, those can be part of the family assets once you marry (and before you apply to adjust status).

If you will study all of the instructions for form I-864, I think you will unerstand what is needed better. https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf For example under Federal Income Tax Return Information

"For purposes of this affidavit, the line for Total Income on IRS Forms 1040 and 1040A will be considered when determining income."

That rules out her gross income her tax return shows on Schedule C before her business deductions.

Will this help?

"If your claimed income includes alimony, child support, dividend or interest income, or income from any other source, you may also include evidence of that income."

It wouldn't appear on a tax return, but could be counted if proven with documentation.

Ok thank you, yes she does get child support that works out at $6,760 per year so we could include that which would push it up to around $22,000 which still isn't enough but

we do have 3 times the difference in assets and savings so that might work out. I think I can get a co sponsor but I'd like to have a few options just in case.

She gets child support from 2 sources one of them sends a cheque every 2 weeks so we have evidence of that, the other source is less formal as she is on good terms with that

ex and he pays her car payment in lieu of child support but would sign a letter that could be notarized saying he pays x amount each week in child support, with both of those child support

payments it would take her over the level required, is this something we could do? in terms of the 2nd child support payment.

Could I use a co sponsor even if my wife qualifies if I'm worried about needing to include assets in order for her to qualify? would that help our case if we have that co sponsor even

if she does qualify?

Thanks again for all your help its really appreciated.

Edited March 24, 2016 by Leight75

[Penny Pincher 11]

Ok thank you, yes she does get child support that works out at $6,760 per year so we could include that which would push it up to around $22,000 which still isn't enough but

we do have 3 times the difference in assets and savings so that might work out. I think I can get a co sponsor but I'd like to have a few options just in case.

Could I use a co sponsor even if my wife qualifies if I'm worried about needing to include assets in order for her to qualify? would that help our case if we have that co sponsor even

if she does qualify?

Having a joint sponsor is just a standby in case your wife's income isn't enough. My wife did the same too even we only showed my income which was $5000 over the limit. She wasn't satisfied enough to show it to the interview. My income was being questioned in London embassy, so basically my wife had the gut feeling to get a joint sponsor in case things did not work out. But the consul was satisfied with my wife's assets/savings and didn't even bother asked about joint sponsor.

[Leight75 0]

Having a joint sponsor is just a standby in case your wife's income isn't enough. My wife did the same too even we only showed my income which was $5000 over the limit. She wasn't satisfied enough to show it to the interview. My income was being questioned in London embassy, so basically my wife had the gut feeling to get a joint sponsor in case things did not work out. But the consul was satisfied with my wife's assets/savings and didn't even bother asked about joint sponsor.

Sorry added this to the previous post...

She gets child support from 2 sources one of them sends a cheque every 2 weeks so we have evidence of that, the other source is less formal as she is on good terms with that

ex and he pays her car payment in lieu of child support but would sign a letter that could be notarized saying he pays x amount each week in child support, with both of those child support

payments it would take her over the level required, is this something we could do? in terms of the 2nd child support payment.

I had the same issue at the interview her income was just at the thresh hold but it wasn't a problem, but she did say it would come up again when i had to change status

I wasn't worried because I knew my wifes income was going to increase considerably the next year but after our accountant did her think we were well below what we needed

even though she earned $42,500 before deductions. And we live comfortably its just because she does in home daycare there are a number of deductions she can claim by working

from home (rent, power, gas, water etc)