USC Employment for AOS

[snowcat 58]

My fiance (USC) is thinking of resigning from his current job at the end of the year due to personal reasons and start working temporarily as an Uber/Lyft driver while searching for a new job (if he hasn't found one yet by the time he resigns). I'll be having my K1 visa interview by the end of this month (October), so we can still say he is employed and earning well for my interview, since he is currently still employed and will be at least until December of this year... I'm more worried for when we file for my Green Card after we get married (which I'm assuming will happen early next year).

My questions is: will we still need a co-sponsor/joint sponsor even if he is earning, say, $2,000 a month working for Uber/Lyft (which is still above the 125 percent of HHS poverty guidelines) for my AOS? Will being just an Uber/Lyft driver be counted as a stable enough job?

[teddy k 35]

Hi. First of all relax and just get here first.your other half is still employed to the end of year, you pay $165.00 for the GC it takes at least 2 months to receive. Now working for uber or the other just tell him to do the math cuz every city is different he needs to be in a busy spot to make money driving and AOS is down the road in time so don't stress just enjoy and get used to living in the states and if you ever need help with anything just ask

Edited October 2, 2016 by teddy k

[Ebunoluwa 6,136]

My fiance (USC) is thinking of resigning from his current job at the end of the year due to personal reasons and start working temporarily as an Uber/Lyft driver while searching for a new job (if he hasn't found one yet by the time he resigns). I'll be having my K1 visa interview by the end of this month (October), so we can still say he is employed and earning well for my interview, since he is currently still employed and will be at least until December of this year... I'm more worried for when we file for my Green Card after we get married (which I'm assuming will happen early next year).

My questions is: will we still need a co-sponsor/joint sponsor even if he is earning, say, $2,000 a month working for Uber/Lyft (which is still above the 125 percent of HHS poverty guidelines) for my AOS? Will being just an Uber/Lyft driver be counted as a stable enough job?

As an Uber driver you are considered self employed as far as the IRS is concerned.

If he takes a lot of deductions it can bring your income on line 22 to under the income requirements, so it may and

it may not work for you. They are also more nit picky with requiring evidence of your income for AOS.

Unless he has another job lined up soon I would not linger with UBER if he won't make more than $2000 a months.

http://www.idrivewithuber.com/driving-jobs/uber-tax-filing-information/

[KayDeeCee 4,893]

Another problem with quitting the job and becoming self-employed is that self-employment income is proven with line 22 of the most recent 1040. He will not have a tax return showing his self-employment income until filing 2017 taxes, since 2016 filing is coming up soon.

~ Unanswered duplicate post removed ~

Edited October 3, 2016 by KayDeeCee

[p-ana 933]

Hi. First of all relax and just get here first.your other half is still employed to the end of year, you pay $165.00 for the GC it takes at least 2 months to receive. Now working for uber or the other just tell him to do the math cuz every city is different he needs to be in a busy spot to make money driving and AOS is down the road in time so don't stress just enjoy and get used to living in the states and if you ever need help with anything just ask

The 165 fee and getting the green card being received in 2 months doesn't apply to the op since she's coming on a k1 visa

She's been very wise in worrying about it now. Being on the USA without status is a nightmare.

Edited October 3, 2016 by p-ana

[snowcat 58]

Another problem with quitting the job and becoming self-employed is that self-employment income is proven with line 22 of the most recent 1040. He will not have a tax return showing his self-employment income until filing 2017 taxes, since 2016 filing is coming up soon.

~ Unanswered duplicate post removed ~

Thanks for your response!

If he starts driving for Uber/Lyft in say, February 2017, files taxes in April 2017 (since I understand that's when taxes are filed?) and we get married in May, will we be able to have the 1099 (which I believe is the form for self-employment) by then to support our case?

[snowcat 58]

So, we did more research and asked actual Uber and Lyft drivers in SF about how much they make and we found that he could be making $4,000/month, which I think should be sufficient, even with deductions, no? But if we really can't use his employment as an Uber/Lyft driver by the time we get married next year (I'm thinking it should be around April/May 2017 - we are just doing a civil ceremony for now), either because of the tax filing thing or something else, then we would really need to resort to option 2: getting a joint sponsor.

Questions:

1) Do we still say he is employed as an Uber/Lyft driver even though we don't have the proper tax return form to prove it (if ever we don't get that in time for our AOS application)? Or should we just put that he is unemployed?

2) Can a friend be a joint sponsor?

3) Our friend who is making over $20,000/month in her private practice (which isn't a whole lot, but still is above the 125% Poverty Line requirement), and who has only 2 people in her household (her husband also is making money) is willing to co-sponsor us. Will that be enough of an income to be a joint sponsor? Or should we look for someone else with a bigger salary?

We can look into having his parents (his father is making a considerable amount with his business) co-sponsor, but that would be the very last resort as he doesn't want to bother his parents for this, as much as possible.

[snowcat 58]

As an Uber driver you are considered self employed as far as the IRS is concerned.

If he takes a lot of deductions it can bring your income on line 22 to under the income requirements, so it may and

it may not work for you. They are also more nit picky with requiring evidence of your income for AOS.

Unless he has another job lined up soon I would not linger with UBER if he won't make more than $2000 a months.

http://www.idrivewithuber.com/driving-jobs/uber-tax-filing-information/

Hello, I just saw your signature and noticed that you filed for AOS in May even though you got married in December. Does that mean we can wait a couple months before filing for AOS (and I can still stay in the US the entire time?) so that my fiance can have more time to find a job, if ever?

Sorry for the plethora of questions, everyone! This is all just really overwhelming and I really appreciate the support I get from this forum!!

[Ebunoluwa 6,136]

Hello, I just saw your signature and noticed that you filed for AOS in May even though you got married in December. Does that mean we can wait a couple months before filing for AOS (and I can still stay in the US the entire time?) so that my fiance can have more time to find a job, if ever?

Sorry for the plethora of questions, everyone! This is all just really overwhelming and I really appreciate the support I get from this forum!!

Yes, you can wait a bit, there is no deadline but you should file as soon as you are able and yes you stay put in the US.

You are then out of status which is forgiven but if you wait too long and later want to travel on AP you may have

problems entering again.

[Ebunoluwa 6,136]

So, we did more research and asked actual Uber and Lyft drivers in SF about how much they make and we found that he could be making $4,000/month, which I think should be sufficient, even with deductions, no? But if we really can't use his employment as an Uber/Lyft driver by the time we get married next year (I'm thinking it should be around April/May 2017 - we are just doing a civil ceremony for now), either because of the tax filing thing or something else, then we would really need to resort to option 2: getting a joint sponsor.

Questions:

1) Do we still say he is employed as an Uber/Lyft driver even though we don't have the proper tax return form to prove it (if ever we don't get that in time for our AOS application)? Or should we just put that he is unemployed? If employed you put employed. If unemployed put unemployed.

2) Can a friend be a joint sponsor? Yes.

3) Our friend who is making over $20,000/month in her private practice (which isn't a whole lot, but still is above the 125% Poverty Line requirement), and who has only 2 people in her household (her husband also is making money) is willing to co-sponsor us. Will that be enough of an income to be a joint sponsor? Or should we look for someone else with a bigger salary? Did you mean $2000 a month ? A private practice again will have deductions

and how much her deductions will be and the line 22 income depends on if it is sufficient or not. You have to juggle the numbers on her tax return,

projected income and compare it to the poverty guidelines for 2 people, we don't know those details.

We can look into having his parents (his father is making a considerable amount with his business) co-sponsor, but that would be the very last resort as he doesn't want to bother his parents for this, as much as possible.

Why not enter a couple months later and not right away with the K1 visa and marry later and then file AOS ?