Joint Sponsor Self-Employed

[Maverick1990 2]

Hi,

 

My sister in law is acting as our joint sponsor. She is self-employed and has been for years now, and is successful in her field so meeting the income requirement is not an issue. We submitted the full application with AOS and civil documents at the start of June. NVC has responded asking for "Proof of Employment - Please submit Jessica's Evidence of Income". We have already submitted with our application:

 

- Schedule C

- Three years tax transcripts

- Six months of bank statements

- Signed and dated statement about the nature of the business and the sponsor’s involvement

 

Does anyone know what further information they would be requiring?

 

Thanks,

Keith

[Calicolom 266]

38 minutes ago, Maverick1990 said:

Hi,

 

My sister in law is acting as our joint sponsor. She is self-employed and has been for years now, and is successful in her field so meeting the income requirement is not an issue. We submitted the full application with AOS and civil documents at the start of June. NVC has responded asking for "Proof of Employment - Please submit Jessica's Evidence of Income". We have already submitted with our application:

 

- Schedule C

- Three years tax transcripts

- Six months of bank statements

- Signed and dated statement about the nature of the business and the sponsor’s involvement

 

Does anyone know what further information they would be requiring?

 

Thanks,

Keith

LLC docs, State Business License  (Not a county Occupational License) 3 year tax transcripts, 3 years complete 1044 Tax returns.

[Ahava 23]

Hi,

Business license can be used as current evidence of income under section " proof of self employment ".

 

Edited July 15, 2021 by Ahava

[JeanneAdil 6,498]

Schedule C is business earnings

Does her personal income meet the requirements?

did she submit any 1099 from customers showing what they paid for services?

Not knowing if her income is a store or if she does contract work for a company or several companies ,  hard to answer this

but it is her personal income (my lawyer said adjusted gross and others here say gross ) that they look at

so.  perhaps the officer looked at AGI

IRS transcripts should have been enough without proof of employment

 

Thank God the new bill that is proposed has a section for more complete training of immigration officers 

[Maverick1990 2]

47 minutes ago, Calicolom said:

LLC docs, State Business License  (Not a county Occupational License) 3 year tax transcripts, 3 years complete 1044 Tax returns.

LLC - she doesn't have an LLC anymore

State business license - used to have a state corporation but dissolved it. She has has a TN real estate agent license; would that work?

3 year tax transcripts - already provided

3 years complete 1044 - would this be required if the transcripts are already provided? To my knowledge, they prefer you providing tax transcripts over tax returns.

48 minutes ago, Ahava said:

Hi,

Business license can be used as current evidence of income under section " proof of self employment ".

 

She used to have a state corporation but dissolved it. She has a TN real estate agent license (she's a realtor). Think that would work?

[Maverick1990 2]

46 minutes ago, JeanneAdil said:

Schedule C is business earnings

Does her personal income meet the requirements?

did she submit any 1099 from customers showing what they paid for services?

Not knowing if her income is a store or if she does contract work for a company or several companies ,  hard to answer this

but it is her personal income (my lawyer said adjusted gross and others here say gross ) that they look at

so.  perhaps the officer looked at AGI

IRS transcripts should have been enough without proof of employment

 

Thank God the new bill that is proposed has a section for more complete training of immigration officers 

So she's a realtor, so her business earning essentially is her personal income. Regarding 1099, I'm not sure if she did so would need to check.

Yea, I would've thought that the tax transcripts, the schedule C, and the bank statements showing her income would have been enough.

 

And yes, glad to hear that there'll be more training of immigration officers! That won't go amiss.

[Ahava 23]

1 hour ago, Maverick1990 said:

LLC - she doesn't have an LLC anymore

State business license - used to have a state corporation but dissolved it. She has has a TN real estate agent license; would that work?

3 year tax transcripts - already provided

3 years complete 1044 - would this be required if the transcripts are already provided? To my knowledge, they prefer you providing tax transcripts over tax returns.

She used to have a state corporation but dissolved it. She has a TN real estate agent license (she's a realtor). Think that would work?

I think it works. Besides, i would say you have already provided enough income documents.

[carmel34 3,626]

Self-employed financial sponsors (principal or joint) need to submit the complete IRS tax return for the most recent tax year, plus ALL schedules and forms submitted with the 1040.  To quote the I-864 instructions:

 

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.

 

Most likely she would have, in addition to the complete 1040, schedule C and schedule SE, plus any others, 1099s, etc.  Send it all.  They often want to dig deeper into self-employed sponsors to make sure they are paying all taxes on their salary, as many try to hide or reduce their salary by calling it a business expense.  Good luck!

[Wuozopo 4,293]

@Maverick1990

 

Is the joint sponsor married filing a joint return? That would affect the proof. 

 

You are correct that Schedule C shows her personal income…her profit or loss. I wonder if the separate Schedule C threw them? It would have been included in the transcripts so was redundant to send a separate one. The NVC chap could have looked at that lone Schedule C and thought that wasn’t enough because the 1040 and any other schedules weren’t with it. He might have failed to understand the transcript had all that was needed if she filed as Single. Joint is another story. 
 

The bank statements don’t prove her income as self employed.

Any 1099s from clients don’t prove her income. 
She  doesn’t need an LLC. 
The line that must exceed the threshold is called TOTAL INCOME. That’s on the 1040. It’s Line 9 on the 2020 return.

[Maverick1990 2]

11 minutes ago, Wuozopo said:

@Maverick1990

 

Is the joint sponsor married filing a joint return? That would affect the proof. 

 

You are correct that Schedule C shows her personal income…her profit or loss. I wonder if the separate Schedule C threw them? It would have been included in the transcripts so was redundant to send a separate one. The NVC chap could have looked at that lone Schedule C and thought that wasn’t enough because the 1040 and any other schedules weren’t with it. He might have failed to understand the transcript had all that was needed if she filed as Single. Joint is another story. 
 

The bank statements don’t prove her income as self employed.

Any 1099s from clients don’t prove her income. 
She  doesn’t need an LLC. 
The line that must exceed the threshold is called TOTAL INCOME. That’s on the 1040. It’s Line 9 on the 2020 return.

How would filing jointly affect the proof?

[Wuozopo 4,293]

1 hour ago, Maverick1990 said:

How would filing jointly affect the proof?

The TOTAL INCOME line shows both spouses income lumped together. They have to know what part of line 9 is your sponsor’s income.

Edited July 16, 2021 by Wuozopo

[Maverick1990 2]

18 minutes ago, Wuozopo said:

The TOTAL INCOME line shows both spouses income lumped together. They have to know what part of line 9 is your sponsor’s income.

Do you know what can be provided to demonstrate that?

[Wuozopo 4,293]

2 hours ago, Maverick1990 said:

Do you know what can be provided to demonstrate that?

If you tell me if the joint sponsor filed single or joint, then I can explain what I would do to remedy that specific situation. 
 

Edited July 16, 2021 by Wuozopo

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[Maverick1990 2]

On 7/16/2021 at 7:31 PM, Wuozopo said:

If you tell me if the joint sponsor filed single or joint, then I can explain what I would do to remedy that specific situation. 
 

Sorry mate. They filed joint.