I-864 - new job & intending immigrant's income

[ABertozzi 25]

Hi all,

 

We just had our case approved at USCIS and I'm now getting the final things ready for the NVC stage.

 

For that, I have a few questions about the I-864.

Our situation is as follows: My husband (USC petitioner) lived overseas with me until the middle of last year, then moved ahead of us and started working as an independent contractor (1099) for his brother's company. However, this only started around late August/September and was also interrupted for most of December, when he came to visit us. So the income on the upcoming tax return will be far below what is required. The AGI from previous years is 0 due to the Foreign Earned Income Exclusion, plus it would have been too low anyway. His brother is now willing to hire him as an employee (with W-2) with an annual salary that would meet/exceed the income requirements.

If he shows an employer letter and whatever paystubs he has by the time we can submit to NVC, would that be enough? Or do we need more, considering there is no past qualifying income?

 

I might be able to help show them that we will have enough income, but the question is if it makes sense and how exactly to do it. I started working as a self-employed virtual assistant this past November and have two clients - I am not their employee, but a truly independent contractor (able to work wherever I want, so this will continue once I move and they are aware of this move), so I invoice them for my work, rather than receiving a salary. I do not have any tax returns (not even foreign ones) to prove this, since it is so recent.

I could ask them for letters, stating our agreement (including how much I get paid approximately) and the intention of continuing our business relationship. Is this something that would be useful? Or does it complicate things and we risk an RFE? I could also provide the invoices I sent out so far, plus a copy of the bank account with the money coming in.

 

Thanks in advance for your advice!

 

 

[pushbrk 12,872]

12 hours ago, ABertozzi said:

Hi all,

 

We just had our case approved at USCIS and I'm now getting the final things ready for the NVC stage.

 

For that, I have a few questions about the I-864.

Our situation is as follows: My husband (USC petitioner) lived overseas with me until the middle of last year, then moved ahead of us and started working as an independent contractor (1099) for his brother's company. However, this only started around late August/September and was also interrupted for most of December, when he came to visit us. So the income on the upcoming tax return will be far below what is required. The AGI from previous years is 0 due to the Foreign Earned Income Exclusion, plus it would have been too low anyway. His brother is now willing to hire him as an employee (with W-2) with an annual salary that would meet/exceed the income requirements.

If he shows an employer letter and whatever paystubs he has by the time we can submit to NVC, would that be enough? Or do we need more, considering there is no past qualifying income?

 

I might be able to help show them that we will have enough income, but the question is if it makes sense and how exactly to do it. I started working as a self-employed virtual assistant this past November and have two clients - I am not their employee, but a truly independent contractor (able to work wherever I want, so this will continue once I move and they are aware of this move), so I invoice them for my work, rather than receiving a salary. I do not have any tax returns (not even foreign ones) to prove this, since it is so recent.

I could ask them for letters, stating our agreement (including how much I get paid approximately) and the intention of continuing our business relationship. Is this something that would be useful? Or does it complicate things and we risk an RFE? I could also provide the invoices I sent out so far, plus a copy of the bank account with the money coming in.

 

Thanks in advance for your advice!

 

 

If your husband will now be a W2 employee, then his current income is stated as the gross for a full pay period time the number of pay periods in a full year.  Most common is every two weeks, so X 26.  He only needs ONE most current pay stub from which to calculate his current income and as evidence of it.  Time for your husband to become an A-Student of the I-864 instructions as they are written for the sponsor, who has some idea of US taxes and terminology.  "AGI" is irrelevant in this case.  That you think it is, is understandable, but it is not.  

[ABertozzi 25]

3 hours ago, pushbrk said:

If your husband will now be a W2 employee, then his current income is stated as the gross for a full pay period time the number of pay periods in a full year.  Most common is every two weeks, so X 26.  He only needs ONE most current pay stub from which to calculate his current income and as evidence of it.  Time for your husband to become an A-Student of the I-864 instructions as they are written for the sponsor, who has some idea of US taxes and terminology.  "AGI" is irrelevant in this case.  That you think it is, is understandable, but it is not.  

Thank you! My husband is not very good at this kind of stuff, that's why I'm trying to be that A student instead. From what I gather, our approach should be fine with regards to the guidelines, but I'm just wondering if the Consular Officer will question the stability of the income, since he doesn't have that benefit of being able to show past income on this level. And if that is the case, it might be better for us to add my income, IF they accept the proof I mentioned earlier.

 

Do you think that could be a problem or am I overthinking this?

[pushbrk 12,872]

7 hours ago, ABertozzi said:

Thank you! My husband is not very good at this kind of stuff, that's why I'm trying to be that A student instead. From what I gather, our approach should be fine with regards to the guidelines, but I'm just wondering if the Consular Officer will question the stability of the income, since he doesn't have that benefit of being able to show past income on this level. And if that is the case, it might be better for us to add my income, IF they accept the proof I mentioned earlier.

 

Do you think that could be a problem or am I overthinking this?

Consular Officers are trained to consider the totality of circumstances with regard to public charge issues.

[ABertozzi 25]

10 hours ago, pushbrk said:

Consular Officers are trained to consider the totality of circumstances with regard to public charge issues.

Yes, that's what I thought. I will add my income just in case. It might help them feel more secure about me not becoming a public charge.

Thanks for your help!