I-134/I-864 Confusion

[HandmadeTurnip 150]

My fiancee (I'm the beneficiary) is self-employed and due to the amount of money she writes off as business expenses, the total income stated on her 1040 is well below the I-134/I-864 requirements. Her mother has agreed to act as a co-sponsor but we've recently started to worry that even she might not be able to meet the requirements.

After reading the instructions from USCIS, I was under the impression that a sponsor only needs to provide their tax return as evidence if they're self-employed. Otherwise, they can simply provide a bank statement and a letter from their employer stating their annual salary. After reading several threads on here, however, people seem to be saying that only the amount stated on your 1040 is accepted.

The mother's salary only just exceeds 125% of the poverty guidelines. Is this enough to meet the requirements of the I-134? Her and her husband file their taxes jointly and I'm worried that the fact that he is self-employed might mess things up if we need to use their 1040 as evidence.

[Greenbaum 12,259]

They will reference line 22 of the IRS 1040. If they clear 125% even by 1% it qualify's. But it is the total of their household and yours.

Self employment is employment. Doesn't matter. Check your returns at line 22.

Edited August 16, 2016 by Greenbaum

[HandmadeTurnip 150]

They will reference line 22 of the IRS 1040. If they clear 125% even by 1% it qualify's. But it is the total of their household and yours.

Self employment is employment. Doesn't matter. Check your returns at line 22.

I was under the impression that you can only combine the sponsor's and co-sponsor's incomes for the I-864, not for the I-134.

I've finally found the tiny part in the I-864 instructions that says they use line 22 of your 1040 for your total income. I still can't see anything that says you need to use that for form I-134. Here's an excerpt of the instructions:

That seems to quite clearly say that you only need to include your tax return if you're self-employed, which my fiancee's mother is not. I've just been told that her annual salary is around $25,400 but line 22 on her 1040 states that her total income is $22,531. This means that having to use her tax return instead of a statement from her employer would make the difference between her meeting the requirements and us having to find a different co-sponsor.

[Nich-Nick 3,354]

My fiancee (I'm the beneficiary) is self-employed and due to the amount of money she writes off as business expenses, the total income stated on her 1040 is well below the I-134/I-864 requirements. Her mother has agreed to act as a co-sponsor but we've recently started to worry that even she might not be able to meet the requirements.

After reading the instructions from USCIS, I was under the impression that a sponsor only needs to provide their tax return as evidence if they're self-employed. Otherwise, they can simply provide a bank statement and a letter from their employer stating their annual salary. After reading several threads on here, however, people seem to be saying that only the amount stated on your 1040 is accepted.

The mother's salary only just exceeds 125% of the poverty guidelines. Is this enough to meet the requirements of the I-134? Her and her husband file their taxes jointly and I'm worried that the fact that he is self-employed might mess things up if we need to use their 1040 as evidence.

A self employed person can't provide an employer letter or pay stubs because....well they aren't an employee. So that's why the tax return becomes the only way that documents the income. And because they do get to take off expenses to reduce their income for tax purposes, the USCIS considers the tax return as the only way to know self-employment profit/loss.

On to Mom, the joint sponsor. London does not require a tax return with an I-134. Mom can fill out the I-134 and provide an employer letter showing her salary and s sufficient. If you want a back-up proof, then her pay stubs. Skip the tax return and anything from the bank. Not needed for London. Also a London thing Is you don't even need an I-134 from your fiancé since she can't document enough income. London will approve Mom as your sponsor. They are quite flexible.

For the I-864. Mom must send a tax return. It is required. But she can show that she makes enough to qualify on her own by providing an employer letter and six months of pay stubs as her optional evidence. The tax return is not the deciding factor if she has the optional evidence that shows she meets the required income.

[Greenbaum 12,259]

@Nich-Nick thanks for jumping in with an answer. Your answer schooled me on how UK processes a co-sponsor.

[HandmadeTurnip 150]

A self employed person can't provide an employer letter or pay stubs because....well they aren't an employee. So that's why the tax return becomes the only way that documents the income. And because they do get to take off expenses to reduce their income for tax purposes, the USCIS considers the tax return as the only way to know self-employment profit/loss.

On to Mom, the joint sponsor. London does not require a tax return with an I-134. Mom can fill out the I-134 and provide an employer letter showing her salary and s sufficient. If you want a back-up proof, then her pay stubs. Skip the tax return and anything from the bank. Not needed for London. Also a London thing Is you don't even need an I-134 from your fiancé since she can't document enough income. London will approve Mom as your sponsor. They are quite flexible.

For the I-864. Mom must send a tax return. It is required. But she can show that she makes enough to qualify on her own by providing an employer letter and six months of pay stubs as her optional evidence. The tax return is not the deciding factor if she has the optional evidence that shows she meets the required income.

That was very helpful, thanks for clearing things up.