I-864 Affidavit of Support Problem :(

[fem_femme 6]

Hi all:
So I want to marry a man from overseas and will bring him here through Cr-1 right after the marriage. 
The problem is my income...I am currently a student obtaining my college certificate, but in my tax return my yearly income is $18,000 and that's from renting out a room in my property where I also reside. It's been like that for 2 years or so, but I became a college student at a community college just recently. I also work for someone on the side but it isn't accounted for as he just pays me $500 per month to get whatever I am doing done from home, so I won't even count that as he just hands me the cash and it isn't like a stable income either. He calls whenever he needs extra help with his work. 

In terms of assets, I only have a property that is worth around $650,000 and it has no mortgage so that's the full $$. Obviously, my 'income' doesn't qualify me to file for my spouse. I heard that liquid assets could be used too, but I don't have much cash. Also, I read two conflicting things regarding using assets like property as an 'income' for I-864. In one site it said that the USCIS considers liquid assets like savings, checking, stocks etc while not paying attention to real proeprty as they want an asset which quickly converts into cash if needed. In another site, it said that the USCIS does take into consideration real proeprty as long as it could be sold within a year. This is confusing to say the least. Has anyone known anyone who used their assets this way?

My parents are both retired. Both of their pensions total to around $24,000-$25,000 a year. Is this sufficient enough to get them to become supporters for my spouse? I have been married before to a foreigner around 6 years ago and my parents were makign good $$ at that time working so they became sponsors. We have been divorced for 5 years now and my ex lives overseas for a few years now, so i don't think he even has his permanent g.c. He works and lives in his own country for several years now. How do I know if my parents are no longer obliged for him since he didn't stay in the US? What are my options because I know that my spouse won't be getting any governmental assistance, so I am frustrated that my current situation is hindering that Affidavit of Support. Any idea what I can do or my parents can help with their $24,000-$25,000 pension per year? Can I use my $18K and add parents that way it is $42,000 combined. 

[shumway1756 304]

38 minutes ago, fem_femme said:

I also work for someone on the side but it isn't accounted for as he just pays me $500 per month to get whatever I am doing done from home, so I won't even count that as he just hands me the cash and it isn't like a stable income either. He calls whenever he needs extra help with his work. 

You do know that this has to be accounted for on your taxes, right? Freelance work/income is not tax exempt, especially in the amount you've mentioned. So that should be showing up on your prior year tax returns as part of your annual income.

 

If your income is struggling to meet the mark, you can have joint sponsors to bump you up to the necessary income level.

Edited September 8, 2018 by shumway1756

[fem_femme 6]

1 hour ago, shumway1756 said:

You do know that this has to be accounted for on your taxes, right? Freelance work/income is not tax exempt, especially in the amount you've mentioned. So that should be showing up on your prior year tax returns as part of your annual income.

 

If your income is struggling to meet the mark, you can have joint sponsors to bump you up to the necessary income level.

 

The income I mentioned is not a stable one, sometimes I get it cash and I spend it within two days on gas and other stuff so it only helps me on the side. So my question was just what you stated....so basically I can use my $18,000 and plus IN ADDITION to mine, I can get my parents also sign with their own joint $24,000? For some reason, I assumed that it either has to be just me or someone else.

[arken 4,197]

You cannot combine your income with your joint sponsor. If your parents are living with you in the same household, then you can combine your income with them and they will fill in i864A.

[fem_femme 6]

22 hours ago, arken said:

You cannot combine your income with your joint sponsor. If your parents are living with you in the same household, then you can combine your income with them and they will fill in i864A.

oh ok that's good to know thank you! just one question though if they are filling out the I-864 how would I add my own $18K? Any idea? Thanks for your help...and sorry for my confusion.

[geowrian 22,338]

5 hours ago, fem_femme said:

oh ok that's good to know thank you! just one question though if they are filling out the I-864 how would I add my own $18K? Any idea? Thanks for your help...and sorry for my confusion.

You will fill out an I-864, provide your most recent tax return (required), and list your income + provide supporting documentation (optional since you have a joint sponsor, but generally I would do it anyway).

They will fill out an I-864, provide at least their most recent year's tax return, and list your income + provide supporting documentation.

[Ryan H 3,834]

Moved from Progress Reports to Process & Procedures.

[pushbrk 13,254]

17 hours ago, geowrian said:

You will fill out an I-864, provide your most recent tax return (required), and list your income + provide supporting documentation (optional since you have a joint sponsor, but generally I would do it anyway).

They will fill out an I-864, provide at least their most recent year's tax return, and list your income + provide supporting documentation.

Correct.  However, you will be doing the I-864 no sooner than when your NEXT tax return is due in April of 2019.  On that tax return, claim your under the table income and your income will be sufficient without bothering mom and dad.  You can still state your equity in your real property to supplement your good financial picture.  Remember, for the self employed (Landlords and freelance work from home people are self employed.) "Current Income" comes from line 22 of the first page of the 1040 form, NOT your total "revenue".  Check your last tax return to see if that number is anywhere near the $18,000 you mentioned.  A good tax advisor would have taken business deductions to reduce your taxable income.

[fem_femme 6]

Hi guys...thanks for the replies. I got married overseas finally and really excited about bringing my spouse to the US. I am getting ready to file the petition via rapidvisa company as I heard that they are good. However, I am a little at loss till regarding my affidavit of support. Just to understand things clearly...do I sponsor my spouse with my $18K annual income and since it is below the guidelines, I also combine my combined parent's pension of $24K as co-sponsors? I mean I do not just exclude myself and use parents to be sponsors right? They live with me for now. I also have a mortgage-free home that is in a trust in my name that is worth around $650,000. I am new at this so I would appreciate if you guys can please explain my options when it comes to filing the sponsorship because I want to do the best way possible. Sorry for not responding earlier as I was overseas getting married to my boyfriend and just returned.

 

[pushbrk 13,254]

1 hour ago, fem_femme said:

Hi guys...thanks for the replies. I got married overseas finally and really excited about bringing my spouse to the US. I am getting ready to file the petition via rapidvisa company as I heard that they are good. However, I am a little at loss till regarding my affidavit of support. Just to understand things clearly...do I sponsor my spouse with my $18K annual income and since it is below the guidelines, I also combine my combined parent's pension of $24K as co-sponsors? I mean I do not just exclude myself and use parents to be sponsors right? They live with me for now. I also have a mortgage-free home that is in a trust in my name that is worth around $650,000. I am new at this so I would appreciate if you guys can please explain my options when it comes to filing the sponsorship because I want to do the best way possible. Sorry for not responding earlier as I was overseas getting married to my boyfriend and just returned.

 

You deal with sponsorship issues in 8 to 10 months, not now.  Didn't Rapid Visa tell you that?

[fem_femme 6]

15 minutes ago, pushbrk said:

You deal with sponsorship issues in 8 to 10 months, not now.  Didn't Rapid Visa tell you that?

Ah got it! no i haven't contacted them yet. Tried to do that today (sunday) but they are closed.