joint sponsor income sufficient, but losses on joint tax return

[AmandaLane102 3]

I wanted to use my mother as a joint sponsor and she shows enough income through pension and SS to support my spouse as an immigrant, however, I just learned tonight that her taxes are filed jointly with my father who had a huge business loss which is showing in line 22 "total income" as a BIG fat negative number. Is there any way that I can still use my mother as a joint sponsor even though her joint tax will show a negative because of my dad's business losses???

PLEASE any help would be appreciated I am completely devastated after learning about this!

[emre0000000 0]

i really hate this about sponsor we sent we waiting still

[hklad 9]

I am not a tax expert or immigration lawyer, but we went into the same situation also. In the US, when you filed taxes, if you have a business or paid on a 1099, you are allowed to take business expenses off your income. Unfortunately, those are not treated as deductions (to my understanding) and is a direct offset of the income showing on Line 22. Ours turned out to be just below the poverty guideline requirement with the amount showing on Line 22. I received an RFE because of that and based on that, you probably would receive an RFE too (again, this is based on experience, not legal advice). I had a lunch with a friend who is an immigration lawyer and she said a co-sponsor would be needed in that situation. My suggestion would be to find another sponsor.

[Ian H. 207]

That happened with my cousin's first joint sponsor. He made over $40k and had a loss that made his total income below the poverty level, so we had to use someone else. In order to use your mother as your joint sponsor, she has to make enough and prove her share of the income. Does she make enough on her own? She would also need to make enough for her household size, which includes at least your dad and spouse.

Edited October 25, 2014 by Ian H.

[AmandaLane102 3]

That happened with my cousin's first joint sponsor. He made over $40k and had a loss that made his total income below the poverty level, so we had to use someone else. In order to use your mother as your joint sponsor, she has to make enough and prove her share of the income. Does she make enough on her own? She would also need to make enough for her household size, which includes at least your dad and spouse.

Yes she makes about 40k on her own from pension and social security which we can show proof of ongoing payments for, and possibly dividends. But the line 22 for total income shows about -200,000 because of big financial losses on my dad's side that they carried over to last tax year. Will they consider proof of my mom's ongoing income if I supply that without using line 22?

And it makes no sense really that they would rather look at past tax returns instead of current income because my situation is the opposite, my past tax return reflects my income that I had in the States, but then I moved here and now I will report to them an income of zero because I only have foreign income, so I don't qualify on that basis. If they were going to use taxes across the board then fine - i would qualify off my last year's tax!! But it's so unfair now neither of us qualify because of the taxes that don't reflect reality.

[Ian H. 207]

The problem here is the negative number. Will your parents still have a negative loss in their 2014 taxes? If not, then your mom may be a joint sponsor. By the time your case is at the NVC, you will need the 2014 taxes, if there is no negative number for this year, you won't have a problem. $40k a year covers a household of 6 people, so if it's just your mom, dad, and your spouse, mom makes enough.

The problem here is the negative number. Will your parents still have a negative loss in their 2014 taxes? If not, then your mom may be a joint sponsor. By the time your case is at the NVC, you will need the 2014 taxes, if there is no negative number for this year, you won't have a problem. $40k a year covers a household of 6 people, so if it's just your mom, dad, and your spouse, mom makes enough.

[AmandaLane102 3]

The problem here is the negative number. Will your parents still have a negative loss in their 2014 taxes? If not, then your mom may be a joint sponsor. By the time your case is at the NVC, you will need the 2014 taxes, if there is no negative number for this year, you won't have a problem. $40k a year covers a household of 6 people, so if it's just your mom, dad, and your spouse, mom makes enough.

The problem here is the negative number. Will your parents still have a negative loss in their 2014 taxes? If not, then your mom may be a joint sponsor. By the time your case is at the NVC, you will need the 2014 taxes, if there is no negative number for this year, you won't have a problem. $40k a year covers a household of 6 people, so if it's just your mom, dad, and your spouse, mom makes enough.

I don't *think* they will show a loss on 2014 as the losses were due to my dad's business (which has since closed) and foreclosure of the house, however, I was really hoping to provide the AOS packet WAY before the tax deadline as I have filed the I-130 from abroad and have seen the trend that many have been expedited through USCIS when filing from abroad. I am going to the States in December and was hoping to compile the AOS package at that point since I'm so far away. . . So if I want to use her and can show HER continued income, then the negative number will still be a burden? I guess then my only option would be to wait for 2014 taxes or use another sponsor?

On another note, if USCIS DOES expedite my I-130 application, is there a deadline from the point of adjudication (NOA2) or the point when NVC receives my application for me to take action with the AOS package?? Do you know?

[Ian H. 207]

Sorry, I didn't realize you were doing DCF. When you do DCF, I don't think it goes to the NVC, does it? If it doesn't, then I don't know if you are able to stretch out the process like you can when filing from within the US. By stretching out the process, you can use the 2014 taxes and know for sure that your mom won't be bothered as your joint sponsor because of the 2013 taxes.

Now, I'm not 100% sure, but if your dad's business is closed, and won't suffer more losses, then it's possible that your mom may be able to qualify based on her income, despite the negative loss in the taxes. But, like mentioned before someone received an RFE for it, when it happened to my cousin, I recommended they get another sponsor to avoid any possible issues.

I would say you could either see if there is a way where you can use the 2014 taxes by stretching the process out, if possible, or the faster way in my opinion is to find another joint sponsor.

[AmandaLane102 3]

Sorry, I didn't realize you were doing DCF. When you do DCF, I don't think it goes to the NVC, does it? If it doesn't, then I don't know if you are able to stretch out the process like you can when filing from within the US. By stretching out the process, you can use the 2014 taxes and know for sure that your mom won't be bothered as your joint sponsor because of the 2013 taxes.

Now, I'm not 100% sure, but if your dad's business is closed, and won't suffer more losses, then it's possible that your mom may be able to qualify based on her income, despite the negative loss in the taxes. But, like mentioned before someone received an RFE for it, when it happened to my cousin, I recommended they get another sponsor to avoid any possible issues.

I would say you could either see if there is a way where you can use the 2014 taxes by stretching the process out, if possible, or the faster way in my opinion is to find another joint sponsor.

I'm not doing DCF, it's not offered in my country, but I live overseas and filed the petition from Namibia which I heard expedites. So I do have the option of halting the process once it reaches NVC and working on my own timeline to submit documents?

[Ian H. 207]

OK, good. Yes, once the case is in the NVC you can stretch out the process here. You have to maintain contact with them for once in a year.

So when the case is sent to the NVC, the first thing that you get from the NVC is the AOS bill and that you have to submit the DS261. At this point when you submit the DS261 and pay the AOS bill, you basically have a year before you have to send the AOS stuff in.

Of course, you won't be taking a year, but you can wait until you file your 2014 taxes, and your parents as well. This way you don't have to worry about any negative income. Again, this is assuming that your parents don't have negative income for 2014 and you don't plan on using another joint sponsor. I for example waited until filing my taxes for 2012 before sending in my AOS package, since I started NVC processing in January 2013.

With the negative income out of the way, your mom can easily be your joint sponsor with her pension and social security. Your mom makes enough on her own, assuming that her household size is 3, and your dad wouldn't need an I-864A, but your mom has to prove her share of the income.

Also since you are living outside the US, you have to do meet the domicile/reestablish domicile requirement. I'm not really sure how that works though, but I know it's a requirement that you intend to return to the US and submit documentation.