Joint sponsor is a business owner - NVC wants W-2?

[ohcoffeeeyes 120]

Hello people

 

I'm in a bit of a situation. My FIL is retired military who owns his own small business, only makes about 8k a year. He produces his own coins that he sells to military personnel.

 

Retired pension and business income pushes him to 35k a year, enough to sponsor me and his only dependent (and wife). I read online his tax transcripts were enough, we had a RFE requesting proof of his pension, we provided his 1099-R, now they want proof of his "current employment" when it's clearly stated on the form his job is "Business Owner of ______". This is getting frustrating. I feel like if I provide his 1040, it'll just get rejected again. What is the right step here.

[ohcoffeeeyes 120]

Just to add, this is not a business he has some license for or anything. He literally just sells things on etsy and Facebook. It would be the equivalent of selling clothes on eBay if there wasn't some artistic talent in what he does. Do I contact NVC to sort this out? It seems nothing will satisfy them. It's literally a Facebook business. If someone else sold items on eBay or Etsy would the tax transcript satisfy?

[Wuozopo 4,293]

11 hours ago, ohcoffeeeyes said:

Hello people

 

I'm in a bit of a situation. My FIL is retired military who owns his own small business, only makes about 8k a year. He produces his own coins that he sells to military personnel.

 

Retired pension and business income pushes him to 35k a year, enough to sponsor me and his only dependent (and wife). I read online his tax transcripts were enough, we had a RFE requesting proof of his pension, we provided his 1099-R, now they want proof of his "current employment" when it's clearly stated on the form his job is "Business Owner of ______". This is getting frustrating. I feel like if I provide his 1040, it'll just get rejected again. What is the right step here.

He has a wife, so the tax return/transcript alone will not show his separate income which is required. His pension statement or 1099-R shows some of his income, but he has claimed more on the I-864 by adding an amount for self employment. 
 

So his form on part 6 has

4. Self employed

5. Retired since

7. My current individual annual income is: (He added 4+5 incomes together)

 

Does his tax return have a schedule C where only his name appears as Name of proprietor along with his SSN? And the amount he claimed as income is the amount shown on Schedule C, Line 31 Net profit (or loss)?

 

 

[ohcoffeeeyes 120]

2 hours ago, Wuozopo said:

He has a wife, so the tax return/transcript alone will not show his separate income which is required. His pension statement or 1099-R shows some of his income, but he has claimed more on the I-864 by adding an amount for self employment. 
 

So his form on part 6 has

4. Self employed

5. Retired since

7. My current individual annual income is: (He added 4+5 incomes together)

 

Does his tax return have a schedule C where only his name appears as Name of proprietor along with his SSN? And the amount he claimed as income is the amount shown on Schedule C, Line 31 Net profit (or loss)?

 

 

His wife made 0$ in 2019 and hasn't worked a job since they've been together tbh. 

 

So its all 0 on the added incomes, it says self employed yes, on his i-864 he hasn't marked retired since but I feel like the NVC doesn't mind that since they requested the 1099-R (though if we have to submit a new i-864 I do not mind)

 

Also yes, the tax return does have that. It's a bit confusing but his Net Proft (or loss) is 8,266 in 2019 from his business, his 1099-R shows 27,072 in income, resulting in 35,338, 3,000 above the threshold. Someone in another thread implied this could be a public order issue, my wife makes enough on her own but her tax returns dont show it (she only started this year.)

 

I'm sorry for the whiney tone of my original post, I was very frustrated and working at night shift at the time, I thought it was going to be good news lol. I called the NVC this morning, they told me I need proof of my wife's employment (we already have a business letter with her boss detailing she makes 23,800 a year) in the form of a paystub so they know properly she's earning that amount and that she still works there, and they need my father-in-law's business license to prove he is the owner/current owner of the business he lists on his tax transcript.

 

Do you seriously think this will be enough? I don't want to wait another month for another RFE, it's getting a bit gloomy now at an otherwise bright end of the tunnel. I am starting to think it is a public order reason, hence why they want my wife's proof of earnings, especially as she lives at a different address.

[Wuozopo 4,293]

2 hours ago, ohcoffeeeyes said:

my wife makes enough on her own but her tax returns dont show it (she only started this year.)

I think her tax return does not have to show it if you can provide proof that her current income is sufficient. A letter from her employer stating her job and yearly salary would be proof. One pay stub alone is likely not enough because the instructions suggest 6 months of pay stubs as an optional proof. Submit the employer letter and you shouldn’t need a joint sponsor.  Is that something new that you haven’t submitted yet? The problem is if her form says I earn 23,800 a year and nothing in writing backs that up, then of course that doesn’t qualify. 
 

 

 

 

[ohcoffeeeyes 120]

On 6/19/2020 at 9:03 PM, Wuozopo said:

I think her tax return does not have to show it if you can provide proof that her current income is sufficient. A letter from her employer stating her job and yearly salary would be proof. One pay stub alone is likely not enough because the instructions suggest 6 months of pay stubs as an optional proof. Submit the employer letter and you shouldn’t need a joint sponsor.  Is that something new that you haven’t submitted yet? The problem is if her form says I earn 23,800 a year and nothing in writing backs that up, then of course that doesn’t qualify. 
 

 

 

 

Business letter has been submitted, they're being unnecessarily hard I think. Do you think 6 months will be needed if we have the business letter, we have 3 months. The person on the phone said most recent.

[Wuozopo 4,293]

2 hours ago, ohcoffeeeyes said:

Business letter has been submitted, they're being unnecessarily hard I think. Do you think 6 months will be needed if we have the business letter, we have 3 months. The person on the phone said most recent.

NVC is often unnecessarily hard. They don’t understand taxes. An IRS person could look at it and figure it out on Schedule C. So if you’ve already replied with an employer letter, you’re done for now. Any advice is a moot point.  Wait and see what happens.

[ohcoffeeeyes 120]

1 minute ago, Wuozopo said:

NVC is often unnecessarily hard. They don’t understand taxes. An IRS person could look at it and figure it out on Schedule C. So if you’ve already replied with an employer letter, you’re done for now. Any advice is a moot point.  Wait and see what happens.

I submitted the employer letter originally with all of my wife's documents, we didn't know if it would be enough (last year like I said, she was working part time for half of it, she only made 10,000, she is on track to make near to 24,000 this year) they just came back and told us we need paystubs to verify it and a business license for our sponsor. I really hope this works cause I don't think I have anything else to prove anything and we have no other sponsors.