I-864 employment question (and a couple add-ons)

[JJs 1]

Hi,

 

I am a U.S. citizen filing the I-864 affidavit of support for my husband (who is from Argentina) and have a few questions. We both live in Argentina currently and plan to move as soon as he is approved, so I am showing U.S. domicile (U.S. address, voting records, savings, retirement funds, etc.). 

 

I work for a company based in the U.K. on a contract basis, full-time hours. I have been working there for over a year and will continue to when we move to the states. I still file U.S. taxes but under foreign exempt earnings status (so no W-2s or 1099s). I will include a letter from my employer as part of the proof of my employment, but have a couple questions: 

• Would I declare myself self employed? Or better to put employed by X company and explain later in the additional comments portion of the I-864 form
•  As part of supporting evidence, I'll show my invoices, the payments received, and the contracts I've signed covering the full year - anything else needed? 
• The form will be filled out online, but I'll still need to print it to sign it and upload it, correct?

 

And for the add-on questions...

I am currently 8 months pregnant so will have the baby before my husband has his interview. Also, we filed CR-1 over a year ago but now we've been married 2 years so we're eligible for IR-1

• I indicated household of 2 on the I-864 but included a comment in the comment section of the I-864 form. Anywhere else I should be noting the pregnancy? Should I include a note in the cover letter? 
• In terms of the CR-1 becoming IR-1, is there anything I have to do for that to happen or will it just be a matter of my husband explaining in the interview and it will happen automatically since we've passed the 2-year mark since being married? 

 

Thanks so much for the help. This process can be quite overwhelming (especially while very pregnant)! 

 

-JJs

[Dashinka 24,481]

If you are on contract are you really employed by that company?  I would think you would be considered self-employed, but others may know this better.  You do need to print and sign the I864.

 

Congrats on the pending arrival, hopefully you are researching CRBA as well.  As to the household size, you can only put what it is today.  You can prepare a new I864 for updating later or taking to the interview.  

 

The CR1 vs. IR1 is not anything you need to do.  During the interview the CO should note that the marriage is more than 2 years old, and the visa should be issued that way, but in the event it is not, that is not really a big deal as the 2yr vs the 10yr GC is actually determined at entry, so if the visa is actually showing CR1, then when you do repatriate with your family you need to bring this up to the CBP officer, so they note when they stamp your husband's visa it is IR1.

 

Good Luck!

[JeanneAdil 6,489]

Self employed and contract are explained by IRS

 

https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee#:~:text=If you are a business,Self-Employed Individuals Tax Center.

 

on that site on left bring up self employed

 

Generally, you are self-employed if any of the following apply to you.

• You carry on a trade or business as a sole proprietor or an independent contractor.

[pushbrk 12,870]

With regard to employed or self employed.  Determine the truth and tell it.

 

You did not file a CR1.  You filed a petition for alien relative.  They will issue the correct visa.  It will be IR1, in your case.

[JJs 1]

On 5/15/2023 at 9:48 AM, Dashinka said:

If you are on contract are you really employed by that company?  I would think you would be considered self-employed, but others may know this better.  You do need to print and sign the I864.

 

Congrats on the pending arrival, hopefully you are researching CRBA as well.  As to the household size, you can only put what it is today.  You can prepare a new I864 for updating later or taking to the interview.  

 

The CR1 vs. IR1 is not anything you need to do.  During the interview the CO should note that the marriage is more than 2 years old, and the visa should be issued that way, but in the event it is not, that is not really a big deal as the 2yr vs the 10yr GC is actually determined at entry, so if the visa is actually showing CR1, then when you do repatriate with your family you need to bring this up to the CBP officer, so they note when they stamp your husband's visa it is IR1.

 

Good Luck!

So helpful, thank you! And yes, looking into CRBA so we have all that ready to submit when the little one is born, too. There's no shortage of paperwork, that's for sure. 

Thanks again!

On 5/15/2023 at 6:46 PM, pushbrk said:

With regard to employed or self employed.  Determine the truth and tell it.

 

You did not file a CR1.  You filed a petition for alien relative.  They will issue the correct visa.  It will be IR1, in your case.

Excellent, thank you!!

[JJs 1]

On 5/15/2023 at 12:44 PM, JeanneAdil said:

Self employed and contract are explained by IRS

 

https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee#:~:text=If you are a business,Self-Employed Individuals Tax Center.

 

on that site on left bring up self employed

 

Generally, you are self-employed if any of the following apply to you.

• You carry on a trade or business as a sole proprietor or an independent contractor.

Great, thanks. Went with self employed. Much appreciated!

[JeanneAdil 6,489]

2 hours ago, JJs said:

Great, thanks. Went with self employed. Much appreciated!

welcome