Stimulus Check/Unemployment Benefits/Sponsorship Question.

[Lazy Monk 1]

Hello there folks,

 

I'm a usc and I got married last year overseas but I haven't yet filed paperwork to bring my wife over. I'm an independent contractor with a car service but due to present circumstances, business is pretty slow. I haven't filed for unemployment, although I'm looking into it. Before I take a step a further, my concern is;

 

A. How much income do I need to have/show to sponsor my wife?

B. Would filing for unemployment adversely affect the sponsorship process?

C. Would I need a joint sponsor if I received the stimulus check or filed or unemployment?

D. I haven't filed my taxes yet. Should I include my wife on them? Would that be good or bad for my case when filing I-130?

 

Would appreciate your expert and sincere advice. Thanks

[geowrian 22,337]

1. The minimum income for consideration depends on your household size. See the I-864p: https://www.uscis.gov/i-864p
   1. Below this = no visa. Above this = judgement call based upon a totality of the circumstances. See https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2
   2. You can have a joint sponsor if necessary.
2. Unemployment itself is not an issue. It will not be held against you. Being unemployed at the time of having to provide an I-864 (initially at NVC) would be an issue, due to #1 (unless you have sufficient assets in lieu of income).
3. Neither the usage of unemployment compensation nor the CARES tax credit is a negative factor in the public charge consideration.
4. When you get to the I-864, you must have filed taxes for at least the most recent 3 tax years. No way around that.
   1. Nothing about income, taxes, etc. matters at the time of filing the I-130. That comes into play with the I-864 later in the process.
   2. The only legal filing statuses possible are MFJ, MFS, and HOH (in limited cases with a dependent child). So you will need to file "with her"....just how exactly you file is an option. Normally MFJ provides the lowest tax liability, but she will need an ITIN or SSN to do so. MFS is simplest - you can write-in "NRA" for her SSN.
   3. The exception to tax filing for a year is if you did not need to file due to income being below the filing threshold.

 

Edited April 3, 2020 by geowrian

[Lazy Monk 1]

Thanks @geowrian

 

Yes, I will file taxes for last year before I file the I-130. So since she's overseas, you're suggesting MFS is the best way to go? and putting NRA where it asks for her SSN. NRA means non-resident alien? And we being a party of two only, according to that chart my income should be at least 21,550, so I might be okay.

One more very important question is, since I got naturalized last year, I have't yet updated my info with SSA about becoming a usc and with SSA offices being closed all over, that's not going to happen for some time. Would that in any way affect my eligibility to file/receive unemployment(if I did apply) subsequently making my I-130 sponsorship case weaker?

 

[payxibka 10,045]

1 minute ago, Lazy Monk said:

Thanks @geowrian

 

Yes, I will file taxes for last year before I file the I-130. So since she's overseas, you're suggesting MFS is the best way to go? and putting NRA where it asks for her SSN. NRA means non-resident alien? And we being a party of two only, according to that chart my income should be at least 21,550, so I might be okay.

One more very important question is, since I got naturalized last year, I have't yet updated my info with SSA about becoming a usc and with SSA offices being closed all over, that's not going to happen for some time. Would that in any way affect my eligibility to file/receive unemployment(if I did apply) subsequently making my I-130 sponsorship case weaker?

 

Your immigration status has no bearing on unemployment,  as eligibility is based on work history 

 

Receiving unemployment makes no difference,  continued unemployment at the time of any interview probably would

[geowrian 22,337]

3 minutes ago, Lazy Monk said:

So since she's overseas, you're suggesting MFS is the best way to go? and putting NRA where it asks for her SSN. NRA means non-resident alien?

MFS would be the simplest option as you just write-in "NRA" for her SSN. She doesn't file anything. It's simple.

MFJ likely provides a lower tax liability. But she needs an SSN or ITIN, and the worldwide income must be reported. The FEIE (2555/2555EZ) can be used to negate the tax caused by that foreign income. It's a little more complex, but it can result in thousands of dollars extra in a refund....definitely worth looking into.

 

Option 2 is file MFS now and amend later when she has an SSN.

 

3 minutes ago, Lazy Monk said:

One more very important question is, since I got naturalized last year, I have't yet updated my info with SSA about becoming a usc and with SSA offices being closed all over, that's not going to happen for some time. Would that in any way affect my eligibility to file/receive unemployment(if I did apply) subsequently making my I-130 sponsorship case weaker?

Eligibility for UC depends on your work circumstances (that you've paid into it and are legally available for work), not so much your immigration status. No issue here.

[Lazy Monk 1]

21 hours ago, payxibka said:

Your immigration status has no bearing on unemployment,  as eligibility is based on work history 

 

Receiving unemployment makes no difference,  continued unemployment at the time of any interview probably would

Thank you!

[Lazy Monk 1]

21 hours ago, geowrian said:

MFS would be the simplest option as you just write-in "NRA" for her SSN. She doesn't file anything. It's simple.

MFJ likely provides a lower tax liability. But she needs an SSN or ITIN, and the worldwide income must be reported. The FEIE (2555/2555EZ) can be used to negate the tax caused by that foreign income. It's a little more complex, but it can result in thousands of dollars extra in a refund....definitely worth looking into.

 

Option 2 is file MFS now and amend later when she has an SSN.

 

Eligibility for UC depends on your work circumstances (that you've paid into it and are legally available for work), not so much your immigration status. No issue here.

Will definitely look into the options you suggested. Thanks!