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Posted

So my husband and I are currently filling the I864 and we are a bit confused.

My husbands income is very low its just a bit above the poverty line, and we are worried that they might ask us to get a co sponsor and we can't get one, 

we asked everyone and nobody is willing to do this.

I have a business in the US and I earn income, I file tax returns but I don't pay taxes because it's an internet business and I'm not required to pay taxes in the US,  I pay taxes in my own country. ( I don't live in the US, my husband does)

My income will continue after I get the green card, but how do I prove it? 

Another problem is the my income is around $400k a year and we are worried that they might not believe that I married my husband for real if we show them my income, because we read that a different financial statue is a red flag.

please help!!

Posted (edited)

If you file taxes in the US, which was a bit unclear in your post, the tax transcripts or copies of your filed returns can be used to prove your income.  If you plan to continue the business in the US, provide proof your business is based in the US, and send any relevant evidence to prove you are currently earning income.  You'll have to do a search about how to prove self-employment, it's more challenging to do than other types of income.

 

Yes, they may look at the salary difference, but if you have enough other clear evidence of a bona fide marriage, it won't be an issue.

Edited by givionte

DCF CR1 filing in Guangzhou, China:

Married - 2018-09-25

I-30 submitted at Guangzhou office - 2019-06-17
I-130 approved - 2019-06-18
DS-260 Confirmation Handed to CITIC to be Delivered - 2019-11-12-2019

DS-260 Approved, received email to schedule appointment - 2019-11-20-2019

Visa Interview in Guangzhou (Approved!) 😁 2019-12-16-2019

Immigration Visa Issued 2019-12-17-2019

Posted
20 minutes ago, givionte said:

If you file taxes in the US, which was a bit unclear in your post, the tax transcripts or copies of your filed returns can be used to prove your income.  If you plan to continue the business in the US, provide proof your business is based in the US, and send any relevant evidence to prove you are currently earning income.  You'll have to do a search about how to prove self-employment, it's more challenging to do than other types of income.

 

Yes, they may look at the salary difference, but if you have enough other clear evidence of a bona fide marriage, it won't be an issue.

The income is not effectively connected to the US so that's why I don't pay taxes on it in the US only pay in my own country. obviously will pay taxes once hopefully I get the green card

I am more worried that they won't like our income difference. We do have evidence and we travelled all over Europe but obviously they might think that that's not a problem for me to pay for it to make it look real. 

Maybe I'm overreacting, but right now I'm worried about everything 

Posted

I want to be clear one one thing, you are the beneficiary, right?  Your husband is the petitioner wishing to bring you to the US?

 

Secondly, have you filed taxes in the US for the last 3 years?  Doesn't matter if you didn't owe taxes due to foreign exclusions and other tax breaks, but have you filed?  If not, it will be very challenging proving foreign income will continue once you move to the US.  You'll have to do your homework on that, in that case.

 

Finally, if you have plenty of evidence, you shouldn't be worried.  If a relationship is bona fide, you have nothing to worry about.  Any join accounts from a bank, or joint lease, those are things that can easily prove a bona fide relationship, along with secondary evidence such as photos of your trips together.

 

You should fill out your timeline and profile so we can help you more clearly.

DCF CR1 filing in Guangzhou, China:

Married - 2018-09-25

I-30 submitted at Guangzhou office - 2019-06-17
I-130 approved - 2019-06-18
DS-260 Confirmation Handed to CITIC to be Delivered - 2019-11-12-2019

DS-260 Approved, received email to schedule appointment - 2019-11-20-2019

Visa Interview in Guangzhou (Approved!) 😁 2019-12-16-2019

Immigration Visa Issued 2019-12-17-2019

Posted
1 hour ago, givionte said:

I want to be clear one one thing, you are the beneficiary, right?  Your husband is the petitioner wishing to bring you to the US?

 

Secondly, have you filed taxes in the US for the last 3 years?  Doesn't matter if you didn't owe taxes due to foreign exclusions and other tax breaks, but have you filed?  If not, it will be very challenging proving foreign income will continue once you move to the US.  You'll have to do your homework on that, in that case.

 

Finally, if you have plenty of evidence, you shouldn't be worried.  If a relationship is bona fide, you have nothing to worry about.  Any join accounts from a bank, or joint lease, those are things that can easily prove a bona fide relationship, along with secondary evidence such as photos of your trips together.

 

You should fill out your timeline and profile so we can help you more clearly.

Yes I did file that for the past 4 years, we don't have a joint bank account because I'm not in the US and his bank won't add me, they said that I have to come in person, and we don't have a lease, he lives in a home owned by his parents.

We have photos from trips, we also sent boarding passes, birthday gift receipts and chat logs.  

Posted

Since you filed taxes, they will see your income on the transcripts.  How much you paid in taxes doesn't concern them, just the gross income.  I'd say you got the right amount of evidence, and the fact your income continues upon your arrival will be looked at as a positive.

 

Don't worry about your relationship being bona fide or not.  If you know it's real, there won't be any trouble.

 

Best of luck, and keep us updated in the future!  I'd recommend filling out your timeline, it's a good way to keep track of the process.

DCF CR1 filing in Guangzhou, China:

Married - 2018-09-25

I-30 submitted at Guangzhou office - 2019-06-17
I-130 approved - 2019-06-18
DS-260 Confirmation Handed to CITIC to be Delivered - 2019-11-12-2019

DS-260 Approved, received email to schedule appointment - 2019-11-20-2019

Visa Interview in Guangzhou (Approved!) 😁 2019-12-16-2019

Immigration Visa Issued 2019-12-17-2019

 
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