Self employment and AOS (I-864)

[dunkhigh 0]

Hello,

 

I am the petitioner for my husband for his CR-1 application. I am self-employed in the USA (living abroad with my family) and have filed taxes for the last 3 years on this income. 2019 was $5000, 2020 and 2021 were a bit over the poverty line. I expect my income in 2022 to be below the poverty guidelines, however I am submitting the 2021 tax transcript so I don't think it will matter. I am considering adding a joint sponsor or just having one ready in case they ask.

 

1) Am I safe to file as the sole petitioner with these numbers? I didn't show assets (savings account) explicitly, however I did attach them as Proof of Domicile.

2) Is the tax transcript enough or do I need to include the full transcript so it shows the schedules? I read that the tax transcript is good enough.

3) Do I need to include the LLC information?

4) Do I need more than one month PDF for the bank statement?

 

Thank you for any help.

[pushbrk 12,883]

Note two things.

 

 1. NVC does not make the final decision on public charge.  Consular Officers do that at the interview.  Your 2022 tax return will likely be due by that time.  

2.  You ARE the sole petitioner, no matter what.  Cannot be any other way.

 

Perhaps you're asking if your income will be enough to be the sole sponsor or if you need a "joint sponsor".  That would depend on your liquid assets.  Sounds like your income is marginal.  Also sounds like you've already uploaded your affidavit of support without declaring your assets.  If so, it's not to late to replace it with one that does show and document liquid assets, particularly if they are significant.

[dunkhigh 0]

On 10/21/2022 at 1:49 AM, pushbrk said:

Note two things.

 

 1. NVC does not make the final decision on public charge.  Consular Officers do that at the interview.  Your 2022 tax return will likely be due by that time.  

2.  You ARE the sole petitioner, no matter what.  Cannot be any other way.

 

Perhaps you're asking if your income will be enough to be the sole sponsor or if you need a "joint sponsor".  That would depend on your liquid assets.  Sounds like your income is marginal.  Also sounds like you've already uploaded your affidavit of support without declaring your assets.  If so, it's not to late to replace it with one that does show and document liquid assets, particularly if they are significant.

Hi pushbrk, thank you for your reply.

 

That is correct, I mean sole sponsor. I currently have the means this tax year, however next tax year I will not. My assets are over 3x the minimum guidelines, so I do meet that requirement.

 

Should I still replace the affidavit of support to include the assets even though my 2021 taxes show I do meet the requirement? When I read the form, it says only use it if you currently do not meet the requirements. I don't want to do anything that would make the application look weird or off to the consular officer. Also, is a regular bank statement showing my current savings balance sufficient?

 

Please let me know what you think, thank you for your help.

[pushbrk 12,883]

2 hours ago, dunkhigh said:

Hi pushbrk, thank you for your reply.

 

That is correct, I mean sole sponsor. I currently have the means this tax year, however next tax year I will not. My assets are over 3x the minimum guidelines, so I do meet that requirement.

 

Should I still replace the affidavit of support to include the assets even though my 2021 taxes show I do meet the requirement? When I read the form, it says only use it if you currently do not meet the requirements. I don't want to do anything that would make the application look weird or off to the consular officer. Also, is a regular bank statement showing my current savings balance sufficient?

 

Please let me know what you think, thank you for your help.

First, you need to read more carefully and interpret "literally" not "conveniently".  Not being rude. I'm being "direct".  You are the "petitioner" wanting to avoid using a "joint sponsor".  The form does not say what you say it says.  The keyword(s) you are reading are not "only if" but "optional if".  Yes, you in your situation should list your liquid assets and document them.  Do not bother listing equity in your primary residence.  It will not be considered liquid.  Their definition of "liquid" is in the instructions.

 

By the time the ultimate decision will be made, you current income on your 2022 tax return which they will want to see, will NOT be adequate and you'll want to prepare a new up to date affidavit showing current "total income" from that tax return and current liquid assets at that time.

 

Will your 2022 tax return be short of income because revenue is short this year or because expenses are high?  People in your situation have been known to omit some expenses during an immigrant sponsoring year, then file amended returns later.  Might be something to consider in your situation.