Proving income as a freelancer

[Diachka 66]

Hey everyone! I hope the wait the wait the petition/visa approval is not too burdensome.

My USC husband filed I-130 petition for me at the end of March 2018 and we hope we will hear from USCIS by the end of this year. We would like to be fully prepared for the next steps. What concern us now is that my husband doesn't have a full-time/part-time job. Instead, he works as a freelance AV technician and gets paid hourly. Which means he doesn't have a fixed amount of hours he has to work per week. The questions  are (1) what number he will need to put in the financial affidavit for his current annual income if it's not fixed? (2) What kind of evidence will he need to provide to prove he earns enough to NVC? (3) Will NVC and later visa officer at the Embassy consider his income not stable? (4) are we required to have a co-sponsor in this case? 

 

I would greatly appreciate any insights.

 

Thank you.

[geowrian 22,337]

Since he is self-employed, his income is that as stated on his most recent tax return (line 22 of the 1040).

The decision on the public charge concern is based on the totality of the circumstances.

[pushbrk 12,605]

57 minutes ago, geowrian said:

Since he is self-employed, his income is that as stated on his most recent tax return (line 22 of the 1040).

The decision on the public charge concern is based on the totality of the circumstances.

Correct and most "freelancers" ARE self employed.  Does he work as an "employee" and get a W2 form, or as a non-employee and get a 1099?  Current income is calculated differently for employees than non-employees.

[Diachka 66]

6 minutes ago, pushbrk said:

Correct and most "freelancers" ARE self employed.  Does he work as an "employee" and get a W2 form, or as a non-employee and get a 1099?  Current income is calculated differently for employees than non-employees.

Thank you for the answer.

I believe he is an employee getting W2 form.

If he would need to submit I-864 in the coming months, it means that his most recent tax return is for 2017. So his current income would be for the last year? He earns more this year than the last one. 

[pushbrk 12,605]

1 minute ago, Diachka said:

Thank you for the answer.

I believe he is an employee getting W2 form.

If he would need to submit I-864 in the coming months, it means that his most recent tax return is for 2017. So his current income would be for the last year? He earns more this year than the last one. 

Actually ask if he gets a W2.  If he does, then no, his current income does not come from a tax return.  For a reliable answer, we need actual facts, not speculation.

[Diachka 66]

8 hours ago, pushbrk said:

Actually ask if he gets a W2.  If he does, then no, his current income does not come from a tax return.  For a reliable answer, we need actual facts, not speculation.

Sure! My husband confirmed that he is an employee and receives a W2 form.

[pushbrk 12,605]

5 hours ago, Diachka said:

Sure! My husband confirmed that he is an employee and receives a W2 form.

Then, if he were computing his "current income" today, he would take his year to date gross income, divide it by the number of pay periods so far this year, giving an average per pay period.  Multiply that average per pay period times the number of pay periods in a full year, and that would be his current income.

 

Example:  If paid every two weeks, gives 26 pay periods per year.  If, after 20 pay periods he his gross year to date earnings have been $20,000, he makes an average of $1,000 per pay period, or $26,000 per year in current income.

[Diachka 66]

5 hours ago, pushbrk said:

Then, if he were computing his "current income" today, he would take his year to date gross income, divide it by the number of pay periods so far this year, giving an average per pay period.  Multiply that average per pay period times the number of pay periods in a full year, and that would be his current income.

 

Example:  If paid every two weeks, gives 26 pay periods per year.  If, after 20 pay periods he his gross year to date earnings have been $20,000, he makes an average of $1,000 per pay period, or $26,000 per year in current income.

Thank you so much for the detailed explanation!

I'm wondering if it is recommended to have a joint sponsor on top of the main sponsor's financial documents even if the average calculation shows above the poverty line? Seems like freelance income might not considered to be stable.

[pushbrk 12,605]

2 hours ago, Diachka said:

Thank you so much for the detailed explanation!

I'm wondering if it is recommended to have a joint sponsor on top of the main sponsor's financial documents even if the average calculation shows above the poverty line? Seems like freelance income might not considered to be stable.

That would depend on the actual current income and the last three years of tax returns.  If he is an employee, that is not really "freelance" income.  It's employee income.  Sounds like he's just not guaranteed 40 hours or more a week.  Whether his income is stable will be evident from the tax returns and current income.  

 

If he qualifies, they won't accept a joint sponsor, unless he's really borderline.

[Diachka 66]

38 minutes ago, pushbrk said:

That would depend on the actual current income and the last three years of tax returns.  If he is an employee, that is not really "freelance" income.  It's employee income.  Sounds like he's just not guaranteed 40 hours or more a week.  Whether his income is stable will be evident from the tax returns and current income.  

 

If he qualifies, they won't accept a joint sponsor, unless he's really borderline.

That's helpful. Thank you so much!