Is this normal?

[Wuozopo 4,293]

5 hours ago, VJmember2020 said:

Just would like to clarify on this... 

 

Myself (petitioner) and my mother (joint sponsor) would each complete an I-864... While my father (household member married to my mom) would complete the I-864a? 

 

 

Petitioner: I-864 and most recent tax return required by law

 

Mother: I-864 as joint sponsor.
a) She may qualify on her own income if it is sufficient. She will also submit her most recent tax info. BUT a joint tax return lumps Mom and Dad incomes together, so does not prove her separate income is sufficient. So additional proof of her income would be needed like an employer letter, or 6 months of pay stubs. She also has to prove she is a USC or LPR.
 

or

b) She may also add a family/household member’s income (Dad’s) to her I-864. Look at the form as I suggested before. Dad could be listed on her form as Person #1 whose income will supplement hers to come up with a family income. She can’t just use his income without his “permission” so to speak. Thus the I-864a Dad fills out to agree that Mom can use his income as Person #1 on her I-864. Then he will also provide his tax return, proof of citizenship or permanent residency, and any additional proofs of his income he wishes to provide to show he stated his income correctly on I-864a. 
 

A note: NVC is notorious for throwing these forms back at you if you don’t get them filled out precisely right and submit the supplemental proofs exactly as they want them. Make sure you study the instructions carefully. 

[VJmember2020 32]

7 minutes ago, Wuozopo said:

Petitioner: I-864 and most recent tax return required by law

 

Mother: I-864 as joint sponsor.
a) She may qualify on her own income if it is sufficient. She will also submit her most recent tax info. BUT a joint tax return lumps Mom and Dad incomes together, so does not prove her separate income is sufficient. So additional proof of her income would be needed like an employer letter, or 6 months of pay stubs. She also has to prove she is a USC or LPR.
 

or

b) She may also add a family/household member’s income (Dad’s) to her I-864. Look at the form as I suggested before. Dad could be listed on her form as Person #1 whose income will supplement hers to come up with a family income. She can’t just use his income without his “permission” so to speak. Thus the I-864a Dad fills out to agree that Mom can use his income as Person #1 on her I-864. Then he will also provide his tax return, proof of citizenship or permanent residency, and any additional proofs of his income he wishes to provide to show he stated his income correctly on I-864a. 
 

A note: NVC is notorious for throwing these forms back at you if you don’t get them filled out precisely right and submit the supplemental proofs exactly as they want them. Make sure you study the instructions carefully. 

 

Thank you Wuozopo for taking the time to clarify that for me.... 

 

As far as the petitioners documents.... I worked at a dental practice for 3 weeks as an employee (W2) but quit.. then I started working as a 1099 at another practice and have been working there for 2 months. I have not filed taxes as my accountant said I will do so in March. 

 

Do you know what I need to do in this situation as far as the most recent tax return document goes? 

 

 

My mom will be the joint sponsor and I will include the tax return transcript for the most recent year (2019) as well as 6 months of her paystubs. her income is sufficient.  My dads income isn't needed as he is a 1099 with his own business and his income wouldn't suffice. Would he still need to fill out any form(s) even though I wouldn't need his income at all to meet the minimum? 

 

[pushbrk 12,883]

8 hours ago, VJmember2020 said:

Just would like to clarify on this... 

 

Myself (petitioner) and my mother (joint sponsor) would each complete an I-864... While my father (household member married to my mom) would complete the I-864a? 

 

 

Yes, but I generally advise that the person with the most income be the joint sponsor.  If that's your mother, so be it.

[pushbrk 12,883]

1 hour ago, VJmember2020 said:

 

Thank you Wuozopo for taking the time to clarify that for me.... 

 

As far as the petitioners documents.... I worked at a dental practice for 3 weeks as an employee (W2) but quit.. then I started working as a 1099 at another practice and have been working there for 2 months. I have not filed taxes as my accountant said I will do so in March. 

 

Do you know what I need to do in this situation as far as the most recent tax return document goes? 

 

 

My mom will be the joint sponsor and I will include the tax return transcript for the most recent year (2019) as well as 6 months of her paystubs. her income is sufficient.  My dads income isn't needed as he is a 1099 with his own business and his income wouldn't suffice. Would he still need to fill out any form(s) even though I wouldn't need his income at all to meet the minimum? 

 

The best practice is for joint filing spouses to both complete the forms.  If they file a joint tax return, Dad should provide the I-864.  It is not technically required, until a Consular Officer asks for it.  THEN, if you haven't provided it, there will be at least several weeks delay in visa issue, while you provide it anyway.  What is your resistance to providing an I-864a from your father?

[VJmember2020 32]

7 minutes ago, pushbrk said:

The best practice is for joint filing spouses to both complete the forms.  If they file a joint tax return, Dad should provide the I-864.  It is not technically required, until a Consular Officer asks for it.  THEN, if you haven't provided it, there will be at least several weeks delay in visa issue, while you provide it anyway.  What is your resistance to providing an I-864a from your father?

No resistance at all. Just want to make sure I’m filing the proper forms. 
yes they file a joint tax return. So my dad and mom should complete an I-864? Even though my moms income is the only one sufficient enough? 

[pushbrk 12,883]

2 minutes ago, VJmember2020 said:

No resistance at all. Just want to make sure I’m filing the proper forms. 
yes they file a joint tax return. So my dad and mom should complete an I-864? Even though my moms income is the only one sufficient enough? 

No. Mom the I-864 and Dad the I-864a as her joint tax filing household member, no matter whether he has ANY income or not.  Did you think I wasn't reading before answering? 😉

[VJmember2020 32]

1 minute ago, pushbrk said:

No. Mom the I-864 and Dad the I-864a as her joint tax filing household member, no matter whether he has ANY income or not.  Did you think I wasn't reading before answering? 😉

Ok got it.  That is what I was planning on doing. 

Since my dad is a 1099, he will not have any W2 form to submit... 

My mom does have the W2 form for the most recent tax year.. This will suffice along with 6 months of paystubs correct? 

[pushbrk 12,883]

6 minutes ago, VJmember2020 said:

Ok got it.  That is what I was planning on doing. 

Since my dad is a 1099, he will not have any W2 form to submit... 

My mom does have the W2 form for the most recent tax year.. This will suffice along with 6 months of paystubs correct? 

The complete tax return including W2 and 1099 forms.  One recent pay stub is sufficient to show current income.  Dad's current income is a little more complicated.  Assuming as a 1099 guy, he taxes some business expense deductions, his income is less than what is shown as the gross on his 1099.  If he files a schedule C as self employed then his taxable income from 2019 would also be his "current income".  Does the 2019 tax return show Dad's business income?

[VJmember2020 32]

1 minute ago, pushbrk said:

The complete tax return including W2 and 1099 forms.  One recent pay stub is sufficient to show current income.  Dad's current income is a little more complicated.  Assuming as a 1099 guy, he taxes some business expense deductions, his income is less than what is shown as the gross on his 1099.  If he files a schedule C as self employed then his taxable income from 2019 would also be his "current income".  Does the 2019 tax return show Dad's business income?

yes the 2019 tax return shows dad's business income... 

 

 

[VJmember2020 32]

2 hours ago, Wuozopo said:

Petitioner: I-864 and most recent tax return required by law

 

Mother: I-864 as joint sponsor.
a) She may qualify on her own income if it is sufficient. She will also submit her most recent tax info. BUT a joint tax return lumps Mom and Dad incomes together, so does not prove her separate income is sufficient. So additional proof of her income would be needed like an employer letter, or 6 months of pay stubs. She also has to prove she is a USC or LPR.
 

or

b) She may also add a family/household member’s income (Dad’s) to her I-864. Look at the form as I suggested before. Dad could be listed on her form as Person #1 whose income will supplement hers to come up with a family income. She can’t just use his income without his “permission” so to speak. Thus the I-864a Dad fills out to agree that Mom can use his income as Person #1 on her I-864. Then he will also provide his tax return, proof of citizenship or permanent residency, and any additional proofs of his income he wishes to provide to show he stated his income correctly on I-864a. 
 

A note: NVC is notorious for throwing these forms back at you if you don’t get them filled out precisely right and submit the supplemental proofs exactly as they want them. Make sure you study the instructions carefully. 

 

 

Regarding this part... 

 

When my dad files his I-864a form, since he is a 1099 and is an independent contractor... He doesn't have a W2 form. Do I need to explain why he has no w2 form to the NVC? 

 

 

[pushbrk 12,883]

6 minutes ago, VJmember2020 said:

 

 

Regarding this part... 

 

When my dad files his I-864a form, since he is a 1099 and is an independent contractor... He doesn't have a W2 form. Do I need to explain why he has no w2 form to the NVC? 

 

 

No. They'll see his 1099 and separate business income.

 

[Wuozopo 4,293]

2 hours ago, VJmember2020 said:

 

 

Regarding this part... 

 

When my dad files his I-864a form, since he is a 1099 and is an independent contractor... He doesn't have a W2 form. Do I need to explain why he has no w2 form to the NVC? 

 

 

I suggested you read the instructions. I know anybody that finished dental school is smart enough to read the information and understand it. Don’t be lazy. This is important to you. People in forums give short answers and tend to say W2 because that fits most.  1099 is also a wage statement, just like the W2. From the instructions:

 

If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income.

Edited December 15, 2020 by Wuozopo

[VJmember2020 32]

24 minutes ago, Wuozopo said:

I suggested you read the instructions. I know anybody that finished dental school is smart enough to read the information and understand it. Don’t be lazy. This is important to you. People in forums give short answers and tend to say W2 because that fits most.  1099 is also a wage statement, just like the W2. From the instructions:

 

If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income.

Yeah I will read the instructions once I get access to view the files on nvc. Currently I cannot. That’s why I am asking questions. Thanks for the info. 

[jayman111 4]

I have a very related question, so I thought I would ask it here if that is ok. My situation is almost exactly the same as VJmember2020 with my Dad as the joint sponsor, but because he is the sole proprietor of his business he does not give himself a 1099. He has no W-2 or 1099. He does have a schedule C, and his taxable income shown in his taxes is well above the requirement. Do you foresee any problems in a situation like this, considering there is no W-2 or 1099 as the instructions specify? 

[VJmember2020 32]

7 minutes ago, jayman111 said:

I have a very related question, so I thought I would ask it here if that is ok. My situation is almost exactly the same as VJmember2020 with my Dad as the joint sponsor, but because he is the sole proprietor of his business he does not give himself a 1099. He has no W-2 or 1099. He does have a schedule C, and his taxable income shown in his taxes is well above the requirement. Do you foresee any problems in a situation like this, considering there is no W-2 or 1099 as the instructions specify? 

I’m the same way. My dad has a schedule C.