Will self-employment deductions affect our decision??

[CEE53147 559]

9 hours ago, MNchick1998 said:

My situation is kind of complicated. I provide daycare and respite services to my niece and nephew. They were adopted by my parents back in 2010. These daycare and respite services began back in 2014 when I also moved in with them all along with my daughter. So there are six of us all living under one roof. Because I am a biological aunt living in the home, I do not have to have a daycare license to operate a daycare for them. So I can deduct all of my business expenses right here from the home we all live in. Before I met my husband, that was wonderful because I usually would get a nice tax refund the following year due to all of my deductions. On top of the daycare and respite services I provide, I am also employed at full-time hours with a company called Accra Care. I am a PCA through Accra Care on top of being self-employed. 

 

My problem is that since 2014, I have been deducting all of my expenses including rent and meals and travel, etc. That in turn lowers my Net income so I get bigger tax breaks. So let's say for example in 2017, I grossed close to $66k but my net is $18k due to rent and all the other expenses that go along with daycare. I sent all of my tax transcripts from 2014-2016 including W2's and 1099-MISC's and the last years worth of paystubs from Accra and monthly self-employment checks. Our case was complete in less than 5 weeks but I received a letter stating I needed to send my 2016 return schedules to my husband for the interview. The schedules will show all of my deductions. 

 

So here's my concern. Even though everyone says they go by gross, why are they wanting to see my deductions? I'm sending everything to my husband to show him and am working on my 2017 tax return as we speak. Except now, I'm leery of putting any deductions because I want them to see what my true income is. I'm so confused. I'm worried they are going to see that my gross income is more than enough to support us 3 but are going to look at my deductions from 2016 and say we need a joint sponsor. The problem with that is that my parents, who I would ask only to help, make less than me combined and they have a household of 4 already. We cannot combine our incomes even if we all live together so I am so confused. Our interview will most likely be before March and I don't know what to do. I did send a letter in with my packet to NVC explaining all of this already so I may be worrying about nothing. I don't know.

 

You really need to be working with an attorney or CPA.  How is your travel, rent and personal meals deductible.  What a scam to be paid by state taxpayers to provide care for children your parents CHOSE to adopt.  If they were adopted in 2010, they are at least 7 and should be in school and not need daycare or respite care.

[MountainMommaB 0]

12 hours ago, TNJ17 said:

Hmmm I’m sorry to be blunt, but that daycare of yours doesn’t seem like a daycare or “self-employment” to me. It just seems like you’re taking care of your children who live in your house. You don’t have a business license and you don’t seem to be making any money off of it except a few deductions in your tax bills. You need to show USCIS that you make 125% of poverty line in your job. If your tax refunds don’t show that, then you need to make up the difference with assets and you can’t use the car your drive and the house you live in.

TNJ17- darn, I was going to use my house as an asset. My house is paid off no, liens, is clear but is my only residence. Can you send me a link of where it state that it can't be use?(if you have any)

[MountainMommaB 0]

4 hours ago, MNchick1998 said:

I can't combine incomes with household members according to uscis. I don't quite understand that. I'm going to file my 2017 tax return tomorrow my income before deductions is close to $65k. After deductions, it's $53k for our household of 3. I have to make a correction to my I-864 so I'm going to call NVC tomorrow and see what they want me to do. Thank you everyone for the helpful advice.

 

https://www.***removed***/affidavit-of-support/joint-sponsor.html

How many dependent did you claim when you filed your taxes in the past?

Maybe all these deductions you had confused the person whoever did examine your AofSupport. 

You can use assets too.

 

I have been doing.some reading about affidavit of support and in my case as. Widow receiving SSA Survivor Benefits with two minor sons we are Household of 3+1(intending immigrant) USCIS in Poverty Guideline we are Household of 4. My sons are my dependents,ALSO I can't claim them on my taxes because they make enough income on their own(SSA 1099) BUT I cannot combine their income(benefits) to mine, yet they are in my household. But because they are minors, they can't sign that form to have their income add to.mine. crazy how it works. 

 

 

[geowrian 22,337]

12 minutes ago, MountainMommaB said:

TNJ17- darn, I was going to use my house as an asset. My house is paid off no, liens, is clear but is my only residence. Can you send me a link of where it state that it can't be use?(if you have any)

A primary residence may or may not be considered by the CO or IO. The key aspects are:

1. Showing the current value of the asset. A recent appraisal may be necessary. Maybe not, but that would be a good piece of evidence to show value. Even then, they would consider the cash value.
2. Ability to sell the asset within 1 year.
3. Generally, while they may consider the asset, they would not consider it a liquid asset.
4. Ability to sell the asset without causing an undue hardship on the sponsor.
   1. This is a difficult aspect to judge. For instance, if somebody had a $300k home owned outright and their income level was a few thousand short of the required level, they would look more favorably on that than a $100k home with 15 years of a mortgage left and a moderate income gap under the required level. Even if both situations met the required asset level on paper, the former probably addresses the public charge risk while the latter is more likely to be rejected.

[belinda63 3,038]

For self employed they look at the income after all you deductions for expenses. They want to know the net income or how much you are actually making. Say I have a simple business selling things. I make $100k (gross income) but spend $60k (deductions) on what i sell. I really only made $40k (income after deductions). The $40k is what USCIS considers income. 

[Pat&Ana 14]

2 hours ago, belinda63 said:

For self employed they look at the income after all you deductions for expenses. They want to know the net income or how much you are actually making. Say I have a simple business selling things. I make $100k (gross income) but spend $60k (deductions) on what i sell. I really only made $40k (income after deductions). The $40k is what USCIS considers income. 

This sounds exactly correct - the USCIS wants to make sure the individual coming to the US will be sufficiently sponsored and not wind up a burden

 

Quote

...my net is $18k

 

This does NOT sound like it would it would qualify and someone coming into the US would be expected to "live" on that additional income ... or a few someone's? 

 

The DHS employees are not tax employees.  The best solution is to find a co-sponsor or demonstrate that the sponsor can actually afford to bring someone in from another country. 

 

-- P

 

Edited January 22, 2018 by Pat&Ana

[MNchick1998 26]

Amazing advice!! Thank you all. So I have finished my 2017 tax return and my income stands at $53418. Our household size is 3. Will I need to explain why I didn't take as many deductions this year as the past 3 years? The PCA company I work for is writing a Letter of Employment for me also. I feel so much better and I appreciate all the great advice I received from everyone!!!! It all made me think!!