I-864 Self Employment In tax Season

[Chriscz 2]

Hey all, so I've been using the great resource that is visajourney to progress through my DCF application in London and am at the final step now of interview and I-864 submission. And just have a couple of questions that I couldn't seem to find a definitive answer on if anyone is able to shed some light. 

 

Essentially my petitioner/sponsor is Self-Employed, and we have hopefully sorted out all the evidence to show income for that: tax transcripts, full returns including schedule C, bank statements for the last 12 months etc. But wondered what we can put for the current income line. Lots of advice seem to suggest using the previous complete years tax return total income as the current income as its the easiest to prove for self employed sponsors, however frustratingly that is slightly under the poverty line for us. Whereas the current income now and going forward would easily satisfy that. We have a 1099 for 2023 that shows this increased income, as a lot of the self employment work happens in the US, but not yet a completed return. Would this 1099 and a letter explaining the expected income now and going forward satisfy the current income figure being higher than that of previous returns? Or should we just make up the difference in assets (which we have enough of to satisfy without any income), and leave the current income as the latest tax return figure.

 

My other question is that as we are both currently residing in the UK, hence the DCF application, what should we put as country of domicile. (Part 4 Question 5) We have the required evidence to show intent to reestablish domicile in the US with things like US addressed bank statements, recently renewed state driving license, voting records, letter from parents saying we will live with them. But obviously we currently do not reside in the US and haven't for 10 years, but it is where we plan to reside for the foreseeable future, and the instructions seem to suggest you must answer the US and explain why only your place of residence is different. I am just slightly confused about the correct way to answer this, especially as we are progressing with a DCF application which requires being domiciled abroad to apply for. Any advice would be really appreciated.

[Boiler 45,739]

Domicile would be the US

 

Self Employed use tax returns for income

 

I assume you need a well qualified joint sponsor.

[millefleur 5,047]

6 hours ago, Chriscz said:

But obviously we currently do not reside in the US and haven't for 10 years, but it is where we plan to reside for the foreseeable future, and the instructions seem to suggest you must answer the US and explain why only your place of residence is different.

In cases where the USC has lived abroad for many years, it's "proof of intent to re-establish domicile in the US" - basically you need to provide evidence that you will be permanently moving to the US and abandoning your residence abroad.

 

If you have any kind of proof of leaving your current residence in the UK, you can include that. This could be end of contract/letter of resignation from employers abroad, proof you are cancelling your residence permit/long stay visa abroad, end of lease/sale of property. You can also include a letter explaining your situation and plan to move back to the US permanently. Sometimes they just want to make sure you are truly leaving behind the residence abroad, it doesn't hurt to include proof of this especially if you're been out of the US for 10 years.

[Chriscz 2]

Thanks both, this is mostly what I suspected. It is a shame about the income, as obviously for employed individuals current income IS different from previous years income, but if it’s safer to use tax returns then that is what we’ll do. We have plenty of assets so hopefully that will be fine in making up the difference. We also have a joint sponsor as backup that I’ll bring with me to the interview.

 

US domicile should hopefully be okay, as I believe London is quite relaxed. And we do have lots of evidence, including a job offer. 

[Redro 4,611]

On 2/12/2024 at 4:57 AM, Chriscz said:

Thanks both, this is mostly what I suspected. It is a shame about the income, as obviously for employed individuals current income IS different from previous years income, but if it’s safer to use tax returns then that is what we’ll do. We have plenty of assets so hopefully that will be fine in making up the difference. We also have a joint sponsor as backup that I’ll bring with me to the interview.

 

US domicile should hopefully be okay, as I believe London is quite relaxed. And we do have lots of evidence, including a job offer. 

Job offer should be sufficient for proof of domicile.especially if the USC will be moving back to the US after DCF is accepted and before beneficiary has their final interview.