Complicated work situation, need help proving income for I 864

[Louv 32]

Hi all,

 

We are soon ready to file for AOS but we have still a lot of questions regarding the proof of income documents for I 864

 

My husband's latest tax return shows 17000

This year 2017 he plans on making above the required limit 22000.

We are including assets anyway (30 000 from his mutual funds, 14 000 from me that I have transfered on US account)

 

We need help proving that his income is stable; he has 2 jobs

-1 is seasonal (april to november) We have W2s, a letter of employment saying that even though seasonal it is stable (since 2013) and stating annual income, and pay stubs but they are irregular (his employer pays him irregularly)

 

-his other job (we need help for this one) : he is employed by his dad since april 2016 to work for his dad's company

he gave him a 1099 so actually he is considered self employed...

We have the 1099 and the income shows on his tax returns 

 

This job includes use of a vehicle and a house, how can we show this to immigration?

How should we prove that this job (with his dad) is stable? Show a contract between him and his dad as an independant contractor? have is dad write a letter similar to an employment letter saying that he has hired him for the following servces and showing the pay etc? How to word it?

My husband does not own a business of have a business license.

Also he doesn't have income from december to february because he was visiting me in France.. Should we say this to uscis and how? He plans on working all year this year but that would allow us to explain why we don't have pay stubs for that period?

 

Thank you so much for your advice.. we are stuck on this part and need help... We are thinking of getting legal advice because it is complicated...

Getting a co sponsor is very complicated for us.

[sweetadams 138]

I think your case is simple enough, first my advice (not a legal advice), have your father in law write an offer letter, stating his job functions, how much he get paid, there is no special way to word a letter of employment. You can find and download sample letters from google and edit it. All that matters to immigration is your financial proof of stability, that you are above the poverty line and you can take care of your spouses financially.  When you fill out the household size, add all the amount of money you have, checking accounts, assets and all.... Then, write a cover letter stating all the amount, include his two jobs letters and if they need more info, they will send you an RFE....Also if you need a co-sponsor, your father in-law can do that for you guys....

 

 

My advice is not a legal advice, and I am subject to being wrong too.

 

[Louv 32]

Thank you for your answer, we will give a contract and a letter of "employment".

However I am still worried because :

- I don't think we can use my father in law as a co sponsor, he is self employed with 2 businesses and has a good gross income but his 2 latest tax returns show a negative income on line 22 despite 100000+ on the gross income because of tax deductions. 

- rapidvisa sent us the following when I asked for advice, it doesn't sound like our situation looks good ( reminder 22000 planned income for 2017, 2016 17300, 2015 12000, 2014 15000): 

 

.

 

"Yes,  he can provide a contract with his dad for the recent job.  But note that basically the Sponsor needs to prove its income IS and HAS been sustainable. The USCIS determines if income meets requirements by looking at their income of 4 years. The 4 years are:Current Income and Income on Tax Returns of last 3 years(only one year can be low out of the 3 years of the Tax Returns).  Your taxes need to show a stability and unfortunately your 2016-2014 taxes total income are below the income requirements. If you have 2 years of taxes with a low total income you will receive an RFE(request for evidence). Since you have the last 3 years of taxes with low Total Income, the USCIS will consider your current income unstable and inconsistent. Your taxes will cause an RFE(request for evidence) and the USCIS will only give you 2 options, provide a Co-Sponsor or Liquid Assets in order to get approved. Assets are not usually approved unless they are Liquid Assets but only 1/3 of the asset's value will be considered by the USCIS. If you want to provide a co-sponsor, here's a link that gives you more info:https://rapidvisa.com/joint-sponsor/. 

 

You do not need to explain to them that you were on vacation.  The government only deal with the documentation you provide to them.  They do not just refer to mere explanation.  "

(I was asking whether we should explain why my husband doesn't have pay stubs last winter he visited me in France so we won't have  6 months of paystubs)

 

- is rapidvisa right about our income situation looking so bad? I thought the current income mattered? What about people who go to school etc and have no income in the past years?

- any suggestion about the pay stubs problem? Explanation letter or not? 

-are mutual funds usually ok as assets?

 

I thank so much whoever will read me.. I am so worried about having to leave.. 

 

 

[sweetadams 138]

My own opinion is that First, Current Income matters more than previous years. No need to explain any pay stubs, you don't need to include any if you don't. 

Also the issue with your father in-law having a negative income on line 22 has nothing to do with him co-sponsoring you. Tax issues are usually complicated to explain, all the USCIS need is if he can provide and proof financial guaranty to you. As long as his household size is within the acceptable financial range.

Yes, you can include your mutual funds, savings account, checking account. Anything that will add all your monetary values.

My suggestion, prepare the letter stating the amount your husband future earning is projected to be from working as an independent contract. Add all previous tax returns and then include his father as a co-sponsor, ( his dad will fill out the form and sign it with letters, w2 (transcript) and other documents.

 

 

This is just my own opinion, do not take it as a legal advice.

[Villanelle 4,122]

The above is incorrect. Your father in law can NOT cosponsor. If he is showing a loss on his taxes like that then he does not have the income to sponsor you.

 

Re the original post. Your husband gets paid on a 1099. This makes him self employed. I know you may not think he is self employed, but he is. People who get a W2 are employed, people who get a 1099 are independent contractors (self employed). 

 

Now what rapid visa didnt tell you is you dont HAVE to submit all 3 years of income tax returns. You have to submit one. You can submit up to 3 years if you feel it will help your case. For some people it helps for others it can hurt. 

 

Your situation is somewhat odd because he has 2 jobs. One is employment and one is self employed. Look through the forums for advice on how to prepare a statement for someone that is self employed. Its generally including a letter explaining the work, how long youve done it and a profit/loss statement. In order for self employment to count he needs to have at least 1 year of tax returns showing the 1099 income. Does he have that? If not you can not use the self employment income.

 

You also have assets which are great. You may be able to use them to make up for the deficit- play around with the numbers and see how much you are potentially short.  I really dont want to drag out this answer with unnecessary info. Do you have specific questions still?