AOS i864 - Leaving Job for Self Emplpyment

[H&M_SUIT 3]

Hey all! 

 

I am struggling to figure out the timing of a few things for a AOS based on a K1 visa, wedding planned for June 2022 and filing shortly after. I currently work part time for an hourly employer and am also part time self employed as an independent contractor/sole proprietor (which I started the end of 2021). I am planning to quit my employed position in the next few months, but am wondering if I should wait until filing the I 864. So, a few questions:

 

1. If I filed using current income from my employer (knowing I'll be quitting soon), would I need to somehow update my I864 to say I've left that job? 

 

2. If I quit my job before filing my I864, can I file using my self employed income alone? I would make more than 125% of poverty guidelines in 2022 and can demonstrate with biweekly paid invoices, but my 2021 tax return would reflect primarily my hourly job with only a few months of self employed income (totaling like $6k). 

 

I absolutely DO NOT have anyone I can ask to Co-Sponser. What's my best option?

 

 

[K1visaHopeful 2,817]

Keep your employment until after AOS interview would be safest.

 

They'll ask you about employment at interview and you may have to provide an updated I864, employment verification letter and paystubs (which you won't have if self employed).

 

Paid Invoices won't be accepted as they do not take into account the cost of running a business.

 

If S/E"d you'll need a tax return that proves you meet the guidelines remembering that the self employed must use Gross ADJUSTABLE Income, not Gross Total.

[H&M_SUIT 3]

13 minutes ago, K1visaHopeful said:

Keep your employment until after AOS interview would be safest.

My lease is up in a few months and I won't be able to commute from my new place of living to my current job, so it's not really an option. If I file i864 in July with my current job, quit a few weeks after when I move, and assume my interview not would be before January 2023, could I then use my 2022 tax returns to prove I meet the guidelines when they ask for an updated I864? 

13 minutes ago, K1visaHopeful said:

Paid Invoices won't be accepted as they do not take into account the cost of running a business.

What if I provide bank statements from a business account showing income vs expenses? I have seriously almost no expenses. 

 

13 minutes ago, K1visaHopeful said:

 

If S/E"d you'll need a tax return that proves you meet the guidelines remembering that the self employed must use Gross ADJUSTABLE Income, not Gross Total.

I should make around $65k total in 2022, and AGI should still be fine. 

[K1visaHopeful 2,817]

6 minutes ago, H&M_SUIT said:

My lease is up in a few months and I won't be able to commute from my new place of living to my current job, so it's not really an option. If I file i864 in July with my current job, quit a few weeks after when I move, and assume my interview not would be before January 2023, could I then use my 2022 tax returns to prove I meet the guidelines when they ask for an updated I864? 

That's a big assumption. 

Depending on your local field office time lines, GC interview can take only a few months. You'd have to check.

If you were interviewed after you filed 2022, you could use them.

 

6 minutes ago, H&M_SUIT said:

What if I provide bank statements from a business account showing income vs expenses? I have seriously almost no expenses. 

 

Never heard of that being acceptable nor have I read that in the instructions. 

Personal, solely owned assets are all they will take.

 

6 minutes ago, H&M_SUIT said:

I should make around $65k total in 2022, and AGI should still be fine. 

Be careful there. 

S/E'd often take huge deductions reducing their tax liability and AGI to next to nothing.

That won't be advantageous for your situation especially since previous three years of income are lacking. 

 

I'd be careful on the whole (especially due to my last six words above).

Now isn't the time to start a business especially considering you have no Joint sponsor option.

The IO can be dissatisfied with your proof of support at your interview and request a JS.

[Boiler 45,525]

You can slow walk things, you have 6 months from medical to enter, enter in June then 90 days to file so you should be into 2023 for the interview 

[H&M_SUIT 3]

26 minutes ago, K1visaHopeful said:

That's a big assumption. 

Depending on your local field office time lines, GC interview can take only a few months. You'd have to check.

If you were interviewed after you filed 2022, you could use them.

Ah, is it that we can't schedule it ourselves? So if USCIS schedules it in November/December I'd be in trouble? I suppose like @Boiler says I could wait to file, but don't want to delay the beneficiary's EAD more more necessary.

 

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Never heard of that being acceptable nor have I read that in the instructions. 

Personal, solely owned assets are all they will take.

 

Fair enough! 

 

Quote

Be careful there. 

S/E'd often take huge deductions reducing their tax liability and AGI to next to nothing.

That won't be advantageous for your situation especially since previous three years of income are lacking. 

 

I'd be careful on the whole (especially due to my last six words above).

Now isn't the time to start a business especially considering you have no Joint sponsor option.

The IO can be dissatisfied with your proof of support at your interview and request a JS.

I'm the one filing, so if I don't take deductions that put me below the minimum would I be okay? My last three years of income are all fine, they're also all a mix of employed and self employed. Though one of the last two years will include foreign income and the tax return is so complicated 🤦🏼‍♀️

 

 I do the same job hourly for $23/hour vs when I do it as a contractor I make $65/hour, again with almost no expenses. It just seems silly I'd have to continue making less and spending more time/money commuting to prove to USCIS that I make enough money. 🙄 Thank you for your advise and caution though, I definitely don't want to put my case in jeopardy! 

Edited April 17, 2022 by H&M_SUIT

[Boiler 45,525]

You could hope they do not require an updated I 864 or if they do wait to return it if things are not sorted by then assuming you are keeping your job until after you file

[K1visaHopeful 2,817]

12 minutes ago, H&M_SUIT said:

Ah, is it that we can't schedule it ourselves? So if USCIS schedules it in November/December I'd be in trouble? I suppose like @Boiler says I could wait to file, but don't want to delay the beneficiary's EAD more more necessary.

Nope. Your interview is scheduled for you. 

 

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Fair enough! 

 

I'm the one filing, so if I don't take deductions that put me below the minimum would I be okay?

Maybe however my concern is your economic instability. 

You'll need to be able to prove you can support your immigrant for the next ten years.

Your track record might not prove that especially now that you are taking a huge risk at this extremely inopportune time when in immigration's eyes, you should be able to prove you are financially stable. 

 

Quote

My last three years of income are all fine, they're also all a mix of employed and self employed. Though one of the last two years will include foreign income and the tax return is so complicated 🤦🏼‍♀️

 

 I do the same job hourly for $23/hour vs when I do it as a contractor I make $65/hour, again with almost no expenses. It just seems silly I'd have to continue making less and spending more time/money commuting to prove to USCIS that I make enough money. 🙄 Thank you for your advise and caution though, I definitely don't want to put my case in jeopardy! 

It's all about timing and having the required proofs which is why it might not be a great time to do anything so drastic and risky.

Edited April 17, 2022 by K1visaHopeful

[H&M_SUIT 3]

5 minutes ago, K1visaHopeful said:

Nope. Your interview is scheduled for you. 

 

Maybe however my concern is your economic instability. 

You'll need to be able to prove you can support your immigrant for the next ten years.

Your track record might not prove that especially now that you are taking a huge risk at this extremely inopportune time when in immigration's eyes, you should be able to prove you are financially stable. 

So, if I worked like 1day/8 hours a week for my current employer (at $23/hr), and made 50k of "other income" through self employment, that's figured into line 9 of my 1040 putting my total income at around $60k. Is that considered more stable? Or does it have to be that I make 125% of poverty guidelines through my employer regardless of how much SE income I have?

 

I understand on paper "starting a business" seems unstable, but reality is I am doing the same role while SE with a contract that guarantees my hours/income. It's just about what I can prove to USCIS I suppose!!

13 minutes ago, Boiler said:

You could hope they do not require an updated I 864 or if they do wait to return it if things are not sorted by then assuming you are keeping your job until after you file

Are you saying at GC interview, don't bring updated I864 and wait for them to request it so I can file 2022 taxes and use that as evidence? I would keep my job until filing but would really prefer not to stay all the way until the interview. 

[K1visaHopeful 2,817]

8 minutes ago, H&M_SUIT said:

So, if I worked like 1day/8 hours a week for my current employer (at $23/hr), and made 50k of "other income" through self employment, that's figured into line 9 of my 1040 putting my total income at around $60k. Is that considered more stable? Or does it have to be that I make 125% of poverty guidelines through my employer regardless of how much SE income I have?

 

I understand on paper "starting a business" seems unstable, but reality is I am doing the same role while SE with a contract that guarantees my hours/income. It's just about what I can prove to USCIS I suppose!!

 

Employment income and self employment income use two different lines.

If you are employed, you can use Gross Total. 

If you are self employed, you can only use Gross adjustable.

You are both so you can only use Gross adjustable. 

 

I'm not talking about income.

I'm talking about having a stable financial past.

Changing jobs in the middle of this process makes you look extremely financially unstable 

[H&M_SUIT 3]

12 minutes ago, K1visaHopeful said:

Employment income and self employment income use two different lines.

If you are employed, you can use Gross Total. 

If you are self employed, you can only use Gross adjustable.

You are both so you can only use Gross adjustable. 

12 minutes ago, K1visaHopeful said:

I'm not talking about income.

I'm talking about having a stable financial past.

Changing jobs in the middle of this process makes you look extremely financially unstable 

If I stay with my current employer working one day a week and make $9k from my employer and $51k from SE, then as long as I'm not somehow taking 37k in deductions (I won't), I'd still have AGI above the poverty guideline minimum and won't have left my current job. Does that sufficiently indicate stability? Most I could keep up with my current employer would be going from 30 hours a week to 16. I'm just trying to fit the logistics of my life into the hoops USCIS requires jumping through. 

 

[Villanelle 4,122]

5 hours ago, H&M_SUIT said:

I'm just trying to fit the logistics of my life into the hoops USCIS requires jumping through. 

 

Bottom line: self employed income needs at least one year tax returns with the amount (after all deductions) being over the poverty guidelines. Will you have such?

 

Taxes are due April 15thish every year. If you submit your 864 during one calendar tax year and at interview it's now the following tax year you will probably be asked for an updated 864. If it's the same tax year then technically the 864 is considered valid as long as it was corrected when completed/submitted/signed. 

 

So if something changes you do not need to update the 864. BUT if they know things have changed because maybe it comes up in the interview, or really for any reason, they can ask for an updated 864. If it now contains self employed income you must have a tax return as described above. 

 

Does all that help?

 

Processing times are constantly changing and often K does not have interview. Also if an updated 864 is needed any income the immigrant earns using the EAD can count as well. 

[Mike E 11,739]

Consider finding an employer who specializes in being a contractor which provides temporary labor to other corporations  and pays you as a W-2 employee.  The contractor  bills your client at your rate, and then pays you out after incinerator taxes and social security taxes are paid.  
 

These type of employers exist because large corporations often get sued for improperly treating some workers as contractors. 

[Sarah&Facundo 595]

I'm the USC and I'm self employed. We went through AOS.  I file quarterly taxes, including sending in various documentation showing my income. My CPA helps me with this and I have the paperwork to demonstrate my income each quarter. When filing your 2022 taxes, you will be able to demonstrate your income (and lack of deductions) as well. If you get married in June, you'll likely be in 2023 before receiving an interview date. In our experience, PRE-covid, we waited a year for our interview date. You also have the option of rescheduling an interview appointment (which we did because we happened to be on vacation when our interview was scheduled), so although you are assigned a date, you can delay it if necessary. 

[H&M_SUIT 3]

6 hours ago, Sarah&Facundo said:

I'm the USC and I'm self employed.

So helpful to hear! Do you think that it's a red flag to change jobs during this process, or no? It's to make more money, tbh, but no guarantees USCIS would see that as reasonable.