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i-864 question and self employed co-sponsor requirements? pls HELP!

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me and my husband is currently working on i864 paper for my adjustment of status from a k1 visa. Met my husband in Philippines where he stayed for 2 years and went back here in U.S on August of last year. That being said, he wasn't able to file income tax. He started working as self employed since August last year (He worked for his brother's company) and was recently hired January 2015 for another job. We are currently living in the same household with his brother (who hired him last year) and He is willing to be our co-sponsor. Question:

1) We should file 2 separate i864s right? For my husband's i864, current annual income is just an estimate of his income for this year? We only have pay stubs from his current job and a general excise tax certificate. Since we have no proof of his income in the last 2 years, will there be a problem in the future (citizenship) if he wasn't able to meet the estimated amount of income he declared in i864? Any possible implications?

2) my brother in law is also self employed and what we have are forms 1040 for year 2011,2012 and 2013. Will that be sufficient? Do we need 1040 for 2014? he filed his tax with his wife (married filing jointly). How can we estimate his annual income that is separate from his wife? or should we just include both of their income and just ask for i864a from his wife since they filed their tax together?

3) What are possible RFEs we might get? We don't want to receive any RFEs so i hope anyone who might have the same experience can enlighten us.

Appreciate your help. Thanks

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1. An estimation of annual income but without proofs (employer salary statements, W2s, pay stubs...) will cause RFE. He needs to gather recent pay stubs, employer's letter stating his current income to include with his I-864. I-864 is kind of routine paperwork, once you receive your greencard, they hardly bring this matter on again.

2. If your bro-in-laws has all of his 1040 or 1099, pay stubs in his name, and it is enough of 125% poverty guideline, you don't have to separate his income from household total income. Include those documents with his I-864.

3. You might have RFE for your brother-in-law in come, because self-employed income is flexible. Tax time is coming, so you should look into 2014 tax already.

Good luck.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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1) He needs to figure his current annual income and list that. Is his current job also self-employment? If not, his hourly rate times hours worked per week and then multiplied by 52. Provide letter from employer and/or recent pay stubs to prove that amount.

If he was legally required to file taxes for the money earned in 2014(or any other previous years he did not), then he needs to file first. If he was not legally required to file, then he needs to provide a statement as to why he was not legally required to file for any of the last 3 years he did not.

2) Since it is not the filing deadline yet, you might be able to get by without 2014, but because he is self-employed they may want the 2014 taxes. Self-employed use line 22 of their most recent 1040 as their income amount and tax returns as proof of income.

He should provide a complete copy of his most return with all forms, attachments, schedules, and 1099s. That should show his individual income amount. His wife can also provide an I-864A to go along with his I-864.

He will also need proof of being a USC or LPR.

3) You can get an RFE for anything. The most common RFEs are those for the I-864. People not proving all required documentation or enough proof of income, mistakes on filling out the forms, etc.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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1) He needs to figure his current annual income and list that. Is his current job also self-employment? If not, his hourly rate times hours worked per week and then multiplied by 52. Provide letter from employer and/or recent pay stubs to prove that amount.

If he was legally required to file taxes for the money earned in 2014(or any other previous years he did not), then he needs to file first. If he was not legally required to file, then he needs to provide a statement as to why he was not legally required to file for any of the last 3 years he did not.

2) Since it is not the filing deadline yet, you might be able to get by without 2014, but because he is self-employed they may want the 2014 taxes. Self-employed use line 22 of their most recent 1040 as their income amount and tax returns as proof of income.

He should provide a complete copy of his most return with all forms, attachments, schedules, and 1099s. That should show his individual income amount. His wife can also provide an I-864A to go along with his I-864.

He will also need proof of being a USC or LPR.

3) You can get an RFE for anything. The most common RFEs are those for the I-864. People not proving all required documentation or enough proof of income, mistakes on filling out the forms, etc.

Thanks for the info!

1) Apart from his hourly pay rate on his regular job, we can also include pay stubs from his part time job right? and just add it altogether to compute for his annual.. as long as we have documents to prove it right?

2)We are planning to submit the i864 maybe next week, i guess we just take the risk and just send it if they need it. We have their 1040s but they filed jointly.. so i don't know how to figure out how much they earned separately. yet to ask them if they have 1099s

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1. An estimation of annual income but without proofs (employer salary statements, W2s, pay stubs...) will cause RFE. He needs to gather recent pay stubs, employer's letter stating his current income to include with his I-864. I-864 is kind of routine paperwork, once you receive your greencard, they hardly bring this matter on again.

2. If your bro-in-laws has all of his 1040 or 1099, pay stubs in his name, and it is enough of 125% poverty guideline, you don't have to separate his income from household total income. Include those documents with his I-864.

3. You might have RFE for your brother-in-law in come, because self-employed income is flexible. Tax time is coming, so you should look into 2014 tax already.

Good luck.

Thanks nancy!

2) the 1040 was filed jointly by my bro in law and his wife, is it ideal if we just submit an i864a fro his wife?

3) have no idea with tax filing here in the U.S. When is the deadline of the filing? what is the turnaround time of getting that paperwork?

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Thanks for the info!

1) Apart from his hourly pay rate on his regular job, we can also include pay stubs from his part time job right? and just add it altogether to compute for his annual.. as long as we have documents to prove it right?

2)We are planning to submit the i864 maybe next week, i guess we just take the risk and just send it if they need it. We have their 1040s but they filed jointly.. so i don't know how to figure out how much they earned separately. yet to ask them if they have 1099s

Yes, add all his income together from all sources. Provide proof of all income.

The filing deadline is April 15th, so you can try it with his 2013 taxes. It is possible they will accept it, or they will send you an RFE if they do not. He may not have 1099s if he owns his own business and does not contract his services out to anyone. Providing a complete copy of the return with all the forms and schedules should make their individual incomes clear. But if they file jointly, their income will be combined on the Total Income line of the 1040. It may work best for the wife to fill out the I-864A, household member form to go along with his I-864. Is the wife also self-employed? Do they own their own business together? If so, then I would definitely have the wife file the I-864A. Their income would be combined together on your joint sponsor's I-864 and act together as joint sponsorship.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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