Is my Tax Return above the 125% poverty rate requirement?

[geowrian 22,337]

12 minutes ago, Cheburashka34 said:

Ohh thank you! Im worried about if I eventually file the I-864 will they look at the last year's tax return and deny us?

They will consider past taxes in the totality of the circumstances, but current income is still king.

[NoMansLand2020 298]

I wish my taxable income was only 6,000......

[DaveAndAnastasia 2,092]

54 minutes ago, Cheburashka34 said:

Ohh thank you! Im worried about if I eventually file the I-864 will they look at the last year's tax return and deny us?

At this rate, there's a decent chance you'll have your 2020 tax returns/transcripts in time for the I-134 your fiance(e)'s interview  .

 

Even in normal times, you'd probably have them in time for filing AOS.

[Cheburashka34 228]

8 minutes ago, DaveAndAnastasia said:

At this rate, there's a decent chance you'll have your 2020 tax returns/transcripts in time for the I-134 your fiance(e)'s interview  .

 

Even in normal times, you'd probably have them in time for filing AOS.

Well right now I work only 32 hours per week because I'm studying full time but I'm worried it'll only be a couple thousand over the minimum. Should I go full time again? Or will I be okay

[Cndn 98]

I’ve always wondered if the adjudicating officer views a self employed petitioner‘s income the same way they do an employee. They must know self employed individuals take massive deductions. My husband is self employed and he writes off half of our rent. Gas, eating out at restaurants, etc. It’s crazy what is deducted when you’re self employed. My husband has a household of 6 (2 kids from a prior and we have 2) and so his income as a self employed sponsor is only about $10k above the 125% line, but that’s after major deductions. I wonder if USCIS considers that the person is self employed and taking these deductions when determining public charge risk. 
 

I also wonder about taxes being submitted after having filed MFJ. By the time my interview finally comes around we will have filed MFJ for both 2018 and 2019, which means an additional $12k is deducted for me as the spouse. When looking at the most recent tax returns, would USCIS not take into consideration when income has been deducted for the spouse already. If they went by the number on the MFJ taxes when determining whether or not I’m a public charge risk, wouldn’t that be like counting me twice if $12k was deducted off that number because of me? Maybe I should make my own post about this second paragraph. 

Edited July 15, 2020 by Cndn

[Ash.1101 1,756]

4 hours ago, HulkySun said:

Thanks,  so what do you consider minimal not borderline ?

Wow likely denial eh?

I didn't have a job and my mom originally cosponsored making more than 3k above the min required for a household of 2. We ended up needing a 3rd person to provide a I-134.

It's a thing. If your employment history is shady or if you have always skirted that income (showing no raises, things like that), then the chances are higher that they will want a cosponsor.  Seen people on here within a couple of thousand dollars above the minimum still get asked for a cosponsor, since it's based on the totality of circumstances, not just the flat number.

[Cheburashka34 228]

3 minutes ago, Ash. said:

I didn't have a job and my mom originally cosponsored making more than 3k above the min required for a household of 2. We ended up needing a 3rd person to provide a I-134.

It's a thing. If your employment history is shady or if you have always skirted that income (showing no raises, things like that), then the chances are higher that they will want a cosponsor.  Seen people on here within a couple of thousand dollars above the minimum still get asked for a cosponsor, since it's based on the totality of circumstances, not just the flat number.

Do they ask for the cosponsor at the interview?

[geowrian 22,337]

1 hour ago, Cndn said:

I’ve always wondered if the adjudicating officer views a self employed petitioner‘s income the same way they do an employee. They must know self employed individuals take massive deductions. My husband is self employed and he writes off half of our rent. Gas, eating out at restaurants, etc. It’s crazy what is deducted when you’re self employed. My husband has a household of 6 (2 kids from a prior and we have 2) and so his income as a self employed sponsor is only about $10k above the 125% line, but that’s after major deductions. I wonder if USCIS considers that the person is self employed and taking these deductions when determining public charge risk.

I can't speak for what an individual IO or CO will decide or how exactly they will weight the facts. But the idea is if you do claim it as a business expense, then that is not also money that could be used to support somebody. You can't have your cake (say it's money used for the business) and eat it too (have the same money available to support somebody).

 

Quote

I also wonder about taxes being submitted after having filed MFJ. By the time my interview finally comes around we will have filed MFJ for both 2018 and 2019, which means an additional $12k is deducted for me as the spouse. When looking at the most recent tax returns, would USCIS not take into consideration when income has been deducted for the spouse already. If they went by the number on the MFJ taxes when determining whether or not I’m a public charge risk, wouldn’t that be like counting me twice if $12k was deducted off that number because of me? Maybe I should make my own post about this second paragraph. 

Deductions are after your total income line, so it wouldn't matter. Like in the OP's case, they aren't looking at the $6k.

Edited July 15, 2020 by geowrian

[Cndn 98]

10 minutes ago, geowrian said:

I can't speak for what an individual IO or CO will decide or how exactly they will weight the facts. But the idea is if you do claim it as a business expense, then that is not also money that could be used to support somebody. You can't have your cake (say it's money used for the business) and eat it too (have the same money available to support somebody).

 

Deductions are after your total income line, so it wouldn't matter. Like in the OP's case, they aren't looking at the $6k.

That makes a lot of sense. Thanks! 

[SalishSea 17,827]

2 hours ago, Cheburashka34 said:

Do they ask for the cosponsor at the interview?

Yes.  Best to have one all lined up with all forms and supporting documentation ready, just in case.

[AKKH 48]

Looking over the picture, since you are self-employed, you should be looking at your adjusted gross income not your total income. Because when you get paid, you don't deduct anything from the payment. Right? 

I would imagine that you are not getting any W2 as well. 

 

 

 

 

According to the picture above, your AGI is $19,711 and you must make at least $21,550. 

 

You will have 3 ways to only meet the requirements - it doesn't mean that your case will be approved:

1) Amend your current year taxes if you have filed your taxes (which could take up to 8 weeks for IRS)!

2) Find someone else to cosponsor! 

3) File the next year's return higher! (meaning find a better job)

 

I am also a self-employed and had to wait to file on 2019. They care about the most recent filed tax return, though they ask for 3 years in the form. 

And if you want to file taxes for 2020, you must wait until the beginning of Feb 2021. 

 

Good luck!

 

 

 

 

Edited July 15, 2020 by AKKH

[HulkySun 4]

1 hour ago, AKKH said:

Looking over the picture, since you are self-employed, you should be looking at your adjusted gross income not your total income. Because when you get paid, you don't deduct anything from the payment. Right? 

I would imagine that you are not getting any W2 as well. 

 

 

 

 

According to the picture above, your AGI is $19,711 and you must make at least $21,550. 

 

You will have 3 ways to only meet the requirements - it doesn't mean that your case will be approved:

1) Amend your current year taxes if you have filed your taxes (which could take up to 8 weeks for IRS)!

2) Find someone else to cosponsor! 

3) File the next year's return higher! (meaning find a better job)

 

I am also a self-employed and had to wait to file on 2019. They care about the most recent filed tax return, though they ask for 3 years in the form. 

And if you want to file taxes for 2020, you must wait until the beginning of Feb 2021. 

 

Good luck!

 

 

 

 

Thanks for the info. The example is not my final. as I was maximizing deductions and creating a sample to understand Total income vs AGI for creating convo and understanding here. I got the feedback from you all so thanks (and I should be ok).  As for the 1040 I believe they only look at AGI if using EZ-1040. So Total Income would be looked at if you using the form I sampled. I think

[JeanneAdil 6,498]

For your area,  that income is low

 

 The average income of a Sarasota resident is $29,969 a year. The US average is $28,555 a year. - The Median household income of a Sarasota resident is $41,670 a year.

 

and you must research cost of health insurance and prove you can afford it as you are self employed

[Henry357 70]

12 hours ago, Cndn said:

I’ve always wondered if the adjudicating officer views a self employed petitioner‘s income the same way they do an employee. They must know self employed individuals take massive deductions. My husband is self employed and he writes off half of our rent. Gas, eating out at restaurants, etc. It’s crazy what is deducted when you’re self employed. My husband has a household of 6 (2 kids from a prior and we have 2) and so his income as a self employed sponsor is only about $10k above the 125% line, but that’s after major deductions. I wonder if USCIS considers that the person is self employed and taking these deductions when determining public charge risk. 
 

I also wonder about taxes being submitted after having filed MFJ. By the time my interview finally comes around we will have filed MFJ for both 2018 and 2019, which means an additional $12k is deducted for me as the spouse. When looking at the most recent tax returns, would USCIS not take into consideration when income has been deducted for the spouse already. If they went by the number on the MFJ taxes when determining whether or not I’m a public charge risk, wouldn’t that be like counting me twice if $12k was deducted off that number because of me? Maybe I should make my own post about this second paragraph. 

They must know that self employed people take deductions that are not really  business expenses  and  can therefore be diverted to support someone ?  I can guess how the conversation with the CO/IO supervisor would go in that case:  “ this sponsor  put they only made 20k on the tax return but we all know self employed people exaggerate deductions so there is no shouldn’t be a public charge, I think we should approve them.”  Right ....
 

They likely just go off the income as stated and don’t dig into it.  If anything they discount it because self employment is considered less stable by most people than say working for a big well known company. 

Edited July 15, 2020 by Henry357

[JeanneAdil 6,498]

12 hours ago, Cndn said:

I’ve always wondered if the adjudicating officer views a self employed petitioner‘s income the same way they do an employee. They must know self employed individuals take massive deductions. My husband is self employed and he writes off half of our rent. Gas, eating out at restaurants, etc. It’s crazy what is deducted when you’re self employed. My husband has a household of 6 (2 kids from a prior and we have 2) and so his income as a self employed sponsor is only about $10k above the 125% line, but that’s after major deductions. I wonder if USCIS considers that the person is self employed and taking these deductions when determining public charge risk. 
 

I also wonder about taxes being submitted after having filed MFJ. By the time my interview finally comes around we will have filed MFJ for both 2018 and 2019, which means an additional $12k is deducted for me as the spouse. When looking at the most recent tax returns, would USCIS not take into consideration when income has been deducted for the spouse already. If they went by the number on the MFJ taxes when determining whether or not I’m a public charge risk, wouldn’t that be like counting me twice if $12k was deducted off that number because of me? Maybe I should make my own post about this second paragraph. 

the lawyer i consulted before i did my own application said they look at line for taxable income (now line 11b use to be line 37)