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Posted

Hi,

 

My wife and I currently live in the UK, and will be looking to have her sister and her husband sponsor us for the affidavit of support (we understand that she can also return to the US early and get a job etc. though this is not the direction we are looking to go). Both her sister and brother in law are self employed, so do not have salaried income but make significantly more than the 125% poverty line, with a household of three. Is it still possible for us to use them as sponsors, even though they do not bring in salaries? I imagine it would be, but curious if there were any extra hurdles due to this.

 

Thanks,

Keith

Filed: IR-1/CR-1 Visa Country: Ecuador
Timeline
Posted

the USC even when out of the country needs to have filed or show that they do not have to file taxes for the years outside the US as that person is main sponsor

 

and it doesn't matter if the person who joint sponsor works for himself or someone else/ it is his IRS tax returns that will be looked at

 

Filed: Citizen (apr) Country: England
Timeline
Posted (edited)
51 minutes ago, Maverick1990 said:

Hi,

 

My wife and I currently live in the UK, and will be looking to have her sister and her husband sponsor us for the affidavit of support (we understand that she can also return to the US early and get a job etc. though this is not the direction we are looking to go). Both her sister and brother in law are self employed, so do not have salaried income but make significantly more than the 125% poverty line, with a household of three. Is it still possible for us to use them as sponsors, even though they do not bring in salaries? I imagine it would be, but curious if there were any extra hurdles due to this.

 

Thanks,

Keith


Only  one with be the joint sponsor.  It will be trickier to show the separate income of that one since there is no W2. The latest tax return will be the way to prove income. If that is a joint return, then their combined total income will appear on it without showing what he or she made separately. It can be submitted in this way to show both of their incomes are going toward sponsorship since a joint tax return will lump their income all together.

I-864 submitted by sister with her husband listed as Person 1 on page 4 of the form (Income you are using from any other person who was counted in your household size)

  • proof she is a citizen or permanent resident
  • 2019 (joint?) tax return Transcript
  • Schedule C of her business

I-864A from brother in law because he is listed on sister’s I-864 as a family member combining income for the support.

  • proof he is a citizen or permanent resident
  • Tax return transcript
  • His schedule C

Note the I-864 form instructions state 

If you selected Part 6., Item Number 2. that you are self-employed, you should have completed one of the following forms with your Federal income tax return: Schedule C (Profit or Loss from Business), Schedule D (Capital Gains), Schedule E (Supplemental Income or Loss), or Schedule F (Profit or Loss from Farming). You must include each and every Form 1040 Schedule, if any, that you filed with your Federal income tax return.

 

If each has separate Schedule C for two separate businesses, then each should include their own Schedule C even if they provide a tax transcript for the joint filing. That will indicate the net business income each had. 


And don’t forget that sister is a joint sponsor. Your wife still is primary sponsor and must submit an I -864 and her latest US tax return. If your wife did not work at all in the U.K, then she writes a signed statement saying she was unemployed all of 2019 and thus did not have to file a US tax return.

 

 

Edited by Wuozopo
Posted

How long has the petitioner lived abroad?

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

  • 8 months later...
 
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