Affadavit of Support Tax Return Tricky Situation

[sleplessinvisland 14]

Hello, long time listener, first time caller.

My I-130 was recently approved at USCIS and is now being passed over to NVC for that part of the journey.

I'm not sure whether this is actually a tough spot in reality or if I'm making it that way, but I was hoping to get some advice from others who are in the same circumstances or who have knowledge with this step of the process.

 

My wife is petitioning for me - she is in a partnership (LLC) in the family business but was stay at home mum for the last three years. She got a job in November 2022 that makes comfortably over the required income level for our household. The problem is, though, that because she didn't have a job and regular income in the last three years, her last two tax returns show a negative value in the total column because the LLC losses are passed through to the partners.

 

1) Is it acceptable to just tick that she is employed and provide evidence of the income, or is it a requirement for me to also tick she is self employed?

 

2) Do I have to input the negative income on the form or is 0 (zero) sufficient?  [Have seen varying answers]

 

The tax transcripts obviously show the income/loss from the business so I'm not sure if the officer will think I'm trying to conceal anything - just trying to make the process simpler.

 

Thank you for your help!

 

 

 

 

Edited February 5, 2023 by sleplessinvisland

[SalishSea 17,829]

15 minutes ago, sleplessinvisland said:

Hello, long time listener, first time caller.

My I-130 was recently approved at USCIS and is now being passed over to NVC for that part of the journey.

I'm not sure whether this is actually a tough spot in reality or if I'm making it that way, but I was hoping to get some advice from others who are in the same circumstances or who have knowledge with this step of the process.

 

My wife is petitioning for me - she is in a partnership (LLC) in the family business but was stay at home mum for the last three years. She got a job in November 2022 that makes comfortably over the required income level for our household. The problem is, though, that because she didn't have a job and regular income in the last three years, her last two tax returns show a negative value in the total column because the LLC losses are passed through to the partners.

 

1) Is it acceptable to just tick that she is employed and provide evidence of the income, or is it a requirement for me to also tick she is self employed?

 

2) Do I have to input the negative income on the form or is 0 (zero) sufficient?  [Have seen varying answers]

 

The tax transcripts obviously show the income/loss from the business so I'm not sure if the officer will think I'm trying to conceal anything - just trying to make the process simpler.

 

Thank you for your help!

 

 

 

 

How would you show evidence that she is employed, without W-2s?   

 

Always be completely honest about all things immigration.  

[sleplessinvisland 14]

3 minutes ago, Jorgedig said:

How would you show evidence that she is employed, without W-2s?   

 

Always be completely honest about all things immigration.  

With a letter from her employer and pay stubs.

[SalishSea 17,829]

6 minutes ago, sleplessinvisland said:

With a letter from her employer and pay stubs.

I thought you meant that she is self employed and does not have an employer.  Sorry.

[sleplessinvisland 14]

3 minutes ago, Jorgedig said:

I thought you meant that she is self employed and does not have an employer.  Sorry.

No problem its a confusing situation

[SalishSea 17,829]

Current paystubs are the most important evidence.  Evidence of having filed federal income taxes in past years is also good, even if she was self employed/business owner with net losses or zero income.

 

@pushbrk will be able to help with specifics.

[pushbrk 12,883]

3 hours ago, sleplessinvisland said:

Hello, long time listener, first time caller.

My I-130 was recently approved at USCIS and is now being passed over to NVC for that part of the journey.

I'm not sure whether this is actually a tough spot in reality or if I'm making it that way, but I was hoping to get some advice from others who are in the same circumstances or who have knowledge with this step of the process.

 

My wife is petitioning for me - she is in a partnership (LLC) in the family business but was stay at home mum for the last three years. She got a job in November 2022 that makes comfortably over the required income level for our household. The problem is, though, that because she didn't have a job and regular income in the last three years, her last two tax returns show a negative value in the total column because the LLC losses are passed through to the partners.

 

1) Is it acceptable to just tick that she is employed and provide evidence of the income, or is it a requirement for me to also tick she is self employed?

 

2) Do I have to input the negative income on the form or is 0 (zero) sufficient?  [Have seen varying answers]

 

The tax transcripts obviously show the income/loss from the business so I'm not sure if the officer will think I'm trying to conceal anything - just trying to make the process simpler.

 

Thank you for your help!

 

 

 

 

Yes, she is currently employed and her current income is her gross pay for a pay period times the number of pay periods in a full year.  Most common is paid every two weeks, so times 26.  The numbers from her tax returns for "total income" is about the past.  They are what they are.

[sleplessinvisland 14]

1 hour ago, pushbrk said:

Yes, she is currently employed and her current income is her gross pay for a pay period times the number of pay periods in a full year.  Most common is paid every two weeks, so times 26.  The numbers from her tax returns for "total income" is about the past.  They are what they are.

 

Alright -  I will only tick the employed box and put income as is.

 

Appreciate your help @Jorgedig and @pushbrk

 

 

Edited February 5, 2023 by sleplessinvisland