I 864 part 6 question 7 and 28 for self-employment

[AKKH 48]

Hi VJ members,

 

I need to update my I864 for my wife’s interview. And now I’d like to ensure about form I-864. Need a bit of advice for the numbers. 
 

I have a bookkeeping software that tracks all income and expense of my freelancing business. I have already filed the taxes for 2021 and I have my

tax transcript. 

My adjusted gross income on 1040 is ~$50K. The number for schedule C is $54K. 
 

However, that is not the case for 2022 as I am in partnership with a new company as a consultant (not an employee yet) in addition to my freelancing work, which I would see a raise (at least $15K) for 2022. 
 

I’m not sure what I should put in my current individual income field. Does it have to match last year (2021) tax return or I can put what I anticipate I’m getting in 2022? 
 

Also, the total household number (with the intending immigrant) is 5 at the moment. I know the 2021 income may not be sufficient but it is $10K above the 125% minimum. My brother is in my household and also my dependent and he earned ~$17K last year. Should I include his income in the part 6 as household member income? 

Questions: 

 

 1- I would like to show my current income as opposed to the income of 2021. My anticipated individual income for 2022 is $70K but not sure how I can prove this raise yet. Can I put $70K and prepare my bank statement and a letter from this company about the partnership plan? What kind of letter/evidences should to be prepared? 
 

2- Should I include my brother’s income (member of household) in my I864 form and upload his W2 and have him fill out I864A as well? That would show the total household income. 
 

 

If this sounds confusing, please let me know and I can explain it better. 

Edited March 15, 2022 by AKKH

[Wuozopo 4,293]

@AKKH
 

As self employed, a tax return to show income is really all you can use, unless you go totally on assets. So the 2021 tax return is what you will have to use.  It is your most recent return. 2022 tax year won’t end until 12-31-2022 and you can’t do projections for self employment.

 

Use the number from Total Income found on Line 9 of the 2021 Form 1040. Does that put you over the threshold? If so, you don’t need to pool money with your brother.

[AKKH 48]

17 minutes ago, Wuozopo said:

@AKKH
 

As self employed, a tax return to show income is really all you can use, unless you go totally on assets. So the 2021 tax return is what you will have to use.  It is your most recent return. 2022 tax year won’t end until 12-31-2022 and you can’t do projections for self employment.

 

Use the number from Total Income found on Line 9 of the 2021 Form 1040. Does that put you over the threshold? If so, you don’t need to pool money with your brother.

Okay, got it. Thank you 🙏 

 

 

The number for line 9 is $54K. Which is more & better. The total income had been above the threshold (if I put line 9, it would be $14K above the threshold).
Also, embassy’s email indicates that if petitioner’s income doesn’t meet the minimum requirement, they should file it with a joint sponsor. My total income alone, is about 35% above the minimum requirement ($40K). 
 

So per your suggestion, self-employed person should use line 9 from 1040 for this question. 

[Wuozopo 4,293]

2 hours ago, AKKH said:

So per your suggestion, self-employed person should use line 9 from 1040 for this question. 

The total income line is what they use for everybody. But if one can show evidence of a higher current income with an employer letter or pay stubs, they can claim more on their I-864 current income field. Maybe they got a big raise, new job, or just worked part of the year after college graduation so not reflected on the tax return.  Self employed have no “employer” and don’t get traditional paychecks for proving more.  With your ability to take business deductions on Schedule C and the variability of what gigs you will get,  your total income line isn’t really final until the tax year ends. 
 

If you are over the threshold, that should do for qualifying. You can’t get more approved with triple the threshold. It should be a black and white decision.  Over or under. If you feel the need to sweeten the pot, then add your assets and those of your immigrant spouse.  On our I-864, my spouse listed no assets even though she had a lot. She was over the threshold on the tax return so it was sufficient.