1099 employee and issues with joint sponsor

[hammanta 0]

Hello all, 

 

I just discovered this forum so apologies if I'm ignorant of the etiquette here. The question I have is as much as tax question as an immigration question. I'll try to be as short as possible. 

 

I am a USA citizen about to apply for a CR1 visa to get my foreign wife to the USA. My income is around 50k a year as a 1099 contractor. After writeoffs and deductions, my taxable income generally falls to around 10-13K a year. I read that I would need a joint sponsor in order to qualify. The only person I could get to sponsor my spouse was my father, however, he is in a similar situation as myself. He's a W2 employee making around 90K a year. However, he has 2 additional side businesses, that are more like hobbies, which show a loss each year. His accountant has him set up to where his losses reduce his yearly tax burden to basically zero. My question is, since he still has a normal employee income a part from the businesses, would he still qualify as a joint sponsor? Another question is, does the USCIS combine the income in order to reach the 125% poverty cut off? 

 

Again your help and replies are much appreciated. Thank you

[payxibka 10,048]

4 minutes ago, hammanta said:

Hello all, 

 

I just discovered this forum so apologies if I'm ignorant of the etiquette here. The question I have is as much as tax question as an immigration question. I'll try to be as short as possible. 

 

I am a USA citizen about to apply for a CR1 visa to get my foreign wife to the USA. My income is around 50k a year as a 1099 contractor. After writeoffs and deductions, my taxable income generally falls to around 10-13K a year. I read that I would need a joint sponsor in order to qualify. The only person I could get to sponsor my spouse was my father, however, he is in a similar situation as myself. He's a W2 employee making around 90K a year. However, he has 2 additional side businesses, that are more like hobbies, which show a loss each year. His accountant has him set up to where his losses reduce his yearly tax burden to basically zero. My question is, since he still has a normal employee income a part from the businesses, would he still qualify as a joint sponsor? Another question is, does the USCIS combine the income in order to reach the 125% poverty cut off? 

 

Again your help and replies are much appreciated. Thank you

They don't stack.   Each sponsor household is separate. 

[aaron2020 11,651]

You can not combine income with a Joint Sponsor.

 

Your father is not a good Joint Sponsor when his 1040 shows an income of basically zero.  It doesn't matter what his W-2 income is when his reported income on his 1040 is basically zero.  You need to find a qualified Joint Sponsor.  

[NancyNguyen 1,658]

Then you need another joint sponsor or file tax higher this year to be qualified.