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Courtney86

Affidavit of Support and self employed (split topic)

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On 6/5/2017 at 8:59 PM, pushbrk said:

Unless you're self employed, your 2016 tax return is not evidence of current income.  What did you say your current income was?  It should be stated as what you will make at the same pay rate in the next 12 months.  Current income has nothing to do with YTD or last year.

1

Hi pushbrk. Thanks for all the info here. My question in relation to this is that I AM self employed (independent contractor) but only as of Jan. 2017. When it says 2016 taxes will (can?) be used as proof of income for self employed people, does that only work if you filed as self employed for 2016? I had a salaried job up until Dec. 2016 that made enough, but assumed it wouldn't count. 

 

My original question was the same as the OP- "If I haven't made the 125% yet this year, should I go ahead and start the process, hustle for some more clients, and then as soon as I've hit that 125% send the next round?" I figured this would quicken up the process, since I have a year to submit forms (yes?) and could be working to make that money while playing the waiting game. 

 

But how do I prove my current income without showing how much I've made YTD? I was thinking that once I'd made the 125% this year, I could turn in the Aff. of Support. But when I read your answer "There is no question about YTD income.  If you make a thousand a week, your current income is $52,000 no matter how long you've had the job or how short a time you've had the job.  If you lost your job yesterday, your income is $0 no matter how much you've made YTD." I got confused. 

 

If you don't have a regular salary or pay stubs to show what you make each week, how do you prove you make enough money? Sometimes I get 4 week contracts for $2500 and other times I make way less. It's kind of a feast or famine that averages out. Surely other people have the same? 

 

I have no one to be a joint sponsor so trying to figure this out. Thanks for your help. 

 

 

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4 minutes ago, Courtney86 said:

Hi pushbrk. Thanks for all the info here. My question in relation to this is that I AM self employed (independent contractor) but only as of Jan. 2017. When it says 2016 taxes will (can?) be used as proof of income for self employed people, does that only work if you filed as self employed for 2016? I had a salaried job up until Dec. 2016 that made enough, but assumed it wouldn't count. 

 

My original question was the same as the OP- "If I haven't made the 125% yet this year, should I go ahead and start the process, hustle for some more clients, and then as soon as I've hit that 125% send the next round?" I figured this would quicken up the process, since I have a year to submit forms (yes?) and could be working to make that money while playing the waiting game. 

 

But how do I prove my current income without showing how much I've made YTD? I was thinking that once I'd made the 125% this year, I could turn in the Aff. of Support. But when I read your answer "There is no question about YTD income.  If you make a thousand a week, your current income is $52,000 no matter how long you've had the job or how short a time you've had the job.  If you lost your job yesterday, your income is $0 no matter how much you've made YTD." I got confused. 

 

If you don't have a regular salary or pay stubs to show what you make each week, how do you prove you make enough money? Sometimes I get 4 week contracts for $2500 and other times I make way less. It's kind of a feast or famine that averages out. Surely other people have the same? 

 

I have no one to be a joint sponsor so trying to figure this out. Thanks for your help. 

 

 

Self employed needs at least 1 year of tax returns showing the self employed income.

 

If you dont qualify you need to find a joint sponsor (doesnt have to be family) or wait until you have the tax returns and do qualify.

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Posts split into separate thread; please start your own thread with your own questions instead of hijacking threads started by other members.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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16 minutes ago, Courtney86 said:

How does this work if your previous year's taxes were from a W2 and not self employment? I was salaried up to Dec. 2016 and have been an independent contractor from Jan. 2017. If I submit my AOS before 2017 taxes are filed, how do I prove I make 125% of the poverty level if I have constantly changing clients and amount of money being made? 

 

Is there any benefit to waiting to submit the AOS until I have filed 2017 taxes? 

You are posting all over the place. The mod made you a thread with one of your questions. Please stick to that one thread.

 

You have to show STABLE and CURRENT income. They look at what you made in the past as an indication of what you will make in the future. Also the process is done at the discretion of the adjudicating officer- so no one can give you a 100% you will be approved or denied. They can decide what ever they want. But there are some rules. Self employed income needs to be shown on at least 1 year of prior tax returns to count. So your current income isnt going to be deemed stable since you havent been doing it for 1+years (yet). Perhaps at the time of the interview you will either have the tax returns (file asap in Jan) or the Officer might decide to approve is based on your history of always earning over 125% (rare). 

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41 minutes ago, Damara said:

You are posting all over the place. The mod made you a thread with one of your questions. Please stick to that one thread.

 

Will do, sincere apologies. Thanks for the help all over the place. 

 

41 minutes ago, Damara said:

You have to show STABLE and CURRENT income. They look at what you made in the past as an indication of what you will make in the future. 

 

This makes sense- I got confused because of seeing pushbkr state more than once that it's only current income that is taken into account, not what you made in the past. Hopefully the fact that I made about $5K in the first 9 months of 2016 and $25K in the last 3 months doesn't look unstable but rather that I'm finally getting my act together :P

 

I really appreciate all the help and I will do my best to only post one question at a time, on my own thread. Thanks

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If you file the petition now, you will have filed your 2017 tax return as self employed by the time you need to provide the affidavit of support.  I would file now.  Your current income will be equal to line 22 of your 2017 1040 form.  That's the number AFTER you take out your business expenses.  There are no year to date income question on the affidavit of support.


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I am sponsoring my Canadian wife (CR-1) and am currently self-employed as a freelance contractor, since Jan. 2016. (Last several years was salaried work). I understand from the forums that you cannot use self-employment income until it's been 1 year and you have your tax returns. I also understand you need to show 125% of the poverty level as income, or you'll need a joint sponsor. 

 

For the first half of 2017 I was just living off savings, and then launched a business this past month.

 

My question:   If I do not hit the 125% mark by Dec. 31st, must I wait another entire year to single sponsor?

 

i.e. If we send in our 1-130 this week as planned, and don't have to show our AOS until several months from now, will it still not matter how much money I made in the most recent months if my 2017 tax return shows under the 125 mark? Would we then have to wait until we have 2018 taxes showing the 125 mark?

 

Or is it that once you've had at least 1 year of self-employment income on taxes, they look at you the same way as the rest, i.e. want your last 3 years of taxes and base it off what you are currently bringing in, even if that can fluctuate?

 

Related question- how long does your application stay valid for? i.e. If we pay the $535 to start the process, and then discover I didn't make enough this year and we have to wait an entire year, must we repay the $535?

 

Thanks for your help! 

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***Post merged with existing thread.  Please ask any questions you have about the Affidavit of Support in this thread instead of starting a new thread for each question you have about this.***

 

2 hours ago, Courtney86 said:

I am sponsoring my Canadian wife (CR-1) and am currently self-employed as a freelance contractor, since Jan. 2016. (Last several years was salaried work). I understand from the forums that you cannot use self-employment income until it's been 1 year and you have your tax returns. I also understand you need to show 125% of the poverty level as income, or you'll need a joint sponsor. 

 

For the first half of 2017 I was just living off savings, and then launched a business this past month.

 

My question:   If I do not hit the 125% mark by Dec. 31st, must I wait another entire year to single sponsor?

 

i.e. If we send in our 1-130 this week as planned, and don't have to show our AOS until several months from now, will it still not matter how much money I made in the most recent months if my 2017 tax return shows under the 125 mark? Would we then have to wait until we have 2018 taxes showing the 125 mark?

 

Or is it that once you've had at least 1 year of self-employment income on taxes, they look at you the same way as the rest, i.e. want your last 3 years of taxes and base it off what you are currently bringing in, even if that can fluctuate?

 

Related question- how long does your application stay valid for? i.e. If we pay the $535 to start the process, and then discover I didn't make enough this year and we have to wait an entire year, must we repay the $535?

 

Thanks for your help! 

 


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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You are overthinking this.

 

Ill try to answer your question.- They look at current income for the year. Like pushbrk said your interview wont be until sometime in 2018. So you will have a tax return for 2017 at that time. When you are self employed they ask you for proof of your current income and to have one years tax return showing you made over the poverty level for your household size. 

 

Your proof of current income will be some sort of weekly or monthly log showing what you earned in so far plus some sort of statement or projections for the remainder of 2018. Basically if you keep profit loss sheets (the same you use to do taxes at the end of the year) you use them. If you dont use them you create them.

 

So if your income for 2017 is not going to be at or above the poverty guidelines and you have no assets to make up the difference- then you will probably not be approved in 2018. You would have to wait until 2019 when you have a 2018 return showing the amount. 

 

You can file now and slow the process down when it hits the Embassy. You can keep the case alive there until 2019 if you need to.Hope it doesnt come to that. Theres no one you can ask to help?

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Actually the last question about what happens if they DON'T make enough on line 22 for the 2017 tax return.  The answer is that unless you can more than make up the shortfall with liquid assets ($3 in liquid assets for every $1 in income shortfall) then they will NOT qualify to sponsor and will need a Joint Sponsor.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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56 minutes ago, Ryan H said:

***Post merged with existing thread.  Please ask any questions you have about the Affidavit of Support in this thread instead of starting a new thread for each question you have about this.***

Sorry I didn't know how to go back and find this thread. The search function seems to give me a million options when I use it. I'll try to bookmark any of my threads. 

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8 minutes ago, Damara said:

You are overthinking this.

 

Well, doesn't sound like it since you just gave me an affirmative below that I may have to wait a year :-/ If I wasn't overthinking it, I would potentially just apply without sufficient income, hope for the best, and get rejected. So I really appreciate the answers.  

 

8 minutes ago, Damara said:

 

Ill try to answer your question.- They look at current income for the year. Like pushbrk said your interview wont be until sometime in 2018. So you will have a tax return for 2017 at that time. When you are self employed they ask you for proof of your current income and to have one years tax return showing you made over the poverty level for your household size. 

5

Yes, I understand this. Hence my concern if I don't make the 125 for 2017. The question I was unclear on was "then what?" 

 

8 minutes ago, Damara said:

 

Your proof of current income will be some sort of weekly or monthly log showing what you earned in so far plus some sort of statement or projections for the remainder of 2018. Basically if you keep profit loss sheets (the same you use to do taxes at the end of the year) you use them. If you dont use them you create them.

2

This is where I have confusion. From what I understood (including info from Pushbrk, to memory), with a regular job it wouldn't matter if I had made almost nothing in 2017, as long as my current pay stubs were showing a salary that would hit the 125 mark is paid out all year. Likewise, if I had made a ton of money in 2017 but lost my job and had no current income, I would be rejected (as a solo sponsor). 

 

I was wondering if this same logic followed for self employment.

 

i.e. If my 2017 self employment taxes didn't hit 125, but my invoices for the months in 2018 were all really high, and showed a projection of hitting the mark, if they would count that as sufficient income. Does that make sense? From your statement above, it sounds like that could work. 

 

8 minutes ago, Damara said:

 

So if your income for 2017 is not going to be at or above the poverty guidelines and you have no assets to make up the difference- then you will probably not be approved in 2018. You would have to wait until 2019 when you have a 2018 return showing the amount. 

 

However your statement here sounds the opposite. That it doesn't matter at all what P/L or projections I can show for 2018, if I haven't hit 125 in 2017 I will not get approved. 

 

So that's my confusion. Which is it? 

 

8 minutes ago, Damara said:

 

You can file now and slow the process down when it hits the Embassy. You can keep the case alive there until 2019 if you need to.Hope it doesnt come to that. Theres no one you can ask to help?

Good to know that we can keep it alive that long if need be. Would be awful, but good to know. It's complicated but at the moment, no, we are on our own. I'm just trying to hustle like crazy to make it work. 

 

Thanks for all the answers. 

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16 minutes ago, pushbrk said:

Actually the last question about what happens if they DON'T make enough on line 22 for the 2017 tax return.  The answer is that unless you can more than make up the shortfall with liquid assets ($3 in liquid assets for every $1 in income shortfall) then they will NOT qualify to sponsor and will need a Joint Sponsor.

I don't have liquid assets. So with that, you're saying that 2017 income MUST hit 125, regardless of what I make in 2018 leading up to the paperwork/interview. Correct?

 

And if 2017 falls short, and we don't have a joint sponsor, we would need to wait until we have 2018's tax returns showing 125. Correct?

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Just now, Courtney86 said:

I don't have liquid assets. So with that, you're saying that 2017 income MUST hit 125, regardless of what I make in 2018 leading up to the paperwork/interview. Correct?

 

And if 2017 falls short, and we don't have a joint sponsor, we would need to wait until we have 2018's tax returns showing 125. Correct?

Yes, and I said so in so many words.  Because you are self employed the answer to the current income question comes from line 22 of your most recently filed (2017 in this case) 1040 form.  Period.  What some people do is forget to take some legal deductions and then file an amended return later when they remember them.  Coincidentally, visa interviews can happen between initial filing and the amended filing.  ^_^


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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