Minimum Income Guideline

[wifiguy 8]

As per USCIS, minimum income guideline is set for 20,500 if I am correct

Here's my question and I would appreciate some expert views on this one.

 

I haven't come across this situation yet but probably will in later months. I made $48,800 last year and after deduction it was $14,440. I run a small business so after my business expense that's how much I filed for as individual tax. My question is Does USCIS looks into how much I made in a whole/gross in a year or how much was left after deduction/business expense? I would appreciate some expert views on this one. I will be applying for my spouse soon and I am sure I will face this affidavit of support thing when USCIS approves my case for further processing.

 

Thanks in Advance

[florida racer 73 200]

14 minutes ago, wifiguy said:

As per USCIS, minimum income guideline is set for 20,500 if I am correct

Here's my question and I would appreciate some expert views on this one.

 

I haven't come across this situation yet but probably will in later months. I made $48,800 last year and after deduction it was $14,440. I run a small business so after my business expense that's how much I filed for as individual tax. My question is Does USCIS looks into how much I made in a whole/gross in a year or how much was left after deduction/business expense? I would appreciate some expert views on this one. I will be applying for my spouse soon and I am sure I will face this affidavit of support thing when USCIS approves my case for further processing.

 

Thanks in Advance

I own a business as well, if you are filling out the I-864, it goes by you total AGI, when you did your taxes if you had the ability you should have made your salary more, also being a small business in addition to submitting the I-864 and a copy of your returns, you will need your transcripts and a copy of I believe your schedule E.

 

uscis does not request these forms, this is for the adjustment of status at the NVC stage. Unfortunally at this point you are way inder the poverty line so you would have to amend your taxes and show that you made more or find a co-sponsor

[AngieJ 3]

My husband is self employed also. Line 22 total income on your tax return is important. 

Edited July 11, 2018 by AngieJ

[geowrian 22,335]

They will go by the total income line on your tax returns in your case, as provided in items #23-25 in Part 6 of the I-864. I believe this is line 22 on the 1040.  See the I-864 instructions, page 9: https://www.uscis.gov/system/files_force/files/form/i-864instr.pdf

"For purposes of this affidavit, the line for Total Income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ, the line for adjusted gross income will be considered."

This differs from people who work for an employer, in which pay stubs and/or an employment letter are the primary evidence of current income.

 

Also see the bottom of page 8 through through page 9:

"If you selected Part 6. Item Number 2. that you are self-employed, you should have completed one of the following forms with your Federal income tax return: Schedule C (Profit or Loss from Business), Schedule D (Capital Gains), Schedule E (Supplemental Income or Loss), or Schedule F (Profit or Loss from Farming).

You must include each and every Form 1040 Schedule, if any, that you filed with your Federal income tax return."

 

I understand that people maximize deductions, and business owners have a lot of possible deductions related to the business. That said, it's difficult to claim that the revenue is your own income that you can use to provide for the intending immigrant (if necessary) while also claiming that the same revenue is used for business expenses. Know what I mean? As far as the is concerned CO , only the money after business expenses is available.

[florida racer 73 200]

Just now, AngieJ said:

My husband is self employed also. Line 22 total income on your tax return is important. 

 

Just now, AngieJ said:

My husband is self employed also. Line 22 total income on your tax return is important. 

If that is the AGI (adjusted hross income) that is correct, this is what nbc and the co look at when reviewing your documents

[wifiguy 8]

Let me check what my LINE 22 SAYS. I brb

[florida racer 73 200]

Just now, Dee elle said:

https://cliniclegal.org/resources/five-most-common-mistakes-completing-i-864

 

section 2

If the sponsor is self-employed, do not use gross income that is reported in Schedule C.  Instead, use the adjusted gross income reported in line 22 of the 1040, after all deductions have been made.

 

its also in the i864 instructions somewhere .. just could find it quickly skimming through the document 

 

 

I followed the directions of the i-864 and that is what I did, used the agi number on return

[wifiguy 8]

SO that evil line 22 says $14,440

 

What are my options? I don't have family here nor any siblings

[florida racer 73 200]

1 minute ago, wifiguy said:

SO that evil line 22 says $14,440

 

What are my options? I don't have family here nor any siblings

Well, my guess would be by the time you make it to the NVC stage it will be next year, file 2018 taxes and keep your agi over 30,000 would be my suggestion.

 

i kept my salary high so I did not cut it close to the threshold and raise any questions, dont make your agi 21,000 because it beats the poverty guidelines but you still may be asked for a co-sponsor

Edited July 11, 2018 by florida racer 73

[geowrian 22,335]

4 minutes ago, wifiguy said:

What are my options? I don't have family here nor any siblings

Also, any USC or LPR can be a joint sponsor...not just family members. I don't know if that will help you, but it's something to consider.

 

Another alternative is to amend your taxes, although this will result in owing taxes.

 

You can also use assets (at a 3x multiplier) to supplement income.

[wifiguy 8]

I think I would better off stretching it to the 30s. My case is just started. I am a Permanent resident, got married back home. Applied for her a week ago and just realized through VJ that I would get stuck someday with this affidavit of support when her turn comes up for further processing of her case. But I thank you all for valuable input. 

[florida racer 73 200]

3 minutes ago, florida racer 73 said:

Well, my guess would be by the time you make it to the NVC stage it will be next year, file 2018 taxes and keep your agi over 30,000 would be my suggestion.

 

i kept my salary high so I did not cut it close to the threshold and raise any questions, dont make your agi 21,000 because it beats the poverty guidelines but you still may be asked for a co-sponsor

How long have you been in business?

 

you need to put the last 3 years of amounts on the i-864 when you fill it out, it the last 2 years are low and you just started your business you can write an explination that

you just started your business and you annual earnings are increasing the longer you are in business or something to that affect. The co is generally concerned with the prior years earnings.

[geowrian 22,335]

Just now, wifiguy said:

I think I would better off stretching it to the 30s. My case is just started. I am a Permanent resident, got married back home. Applied for her a week ago and just realized through VJ that I would get stuck someday with this affidavit of support when her turn comes up for further processing of her case. But I thank you all for valuable input. 

Ah, you have a couple years to figure it out then.

[florida racer 73 200]

2 minutes ago, wifiguy said:

I think I would better off stretching it to the 30s. My case is just started. I am a Permanent resident, got married back home. Applied for her a week ago and just realized through VJ that I would get stuck someday with this affidavit of support when her turn comes up for further processing of her case. But I thank you all for valuable input. 

No problem, good luck to you

 

if you have any further questions do not hesitate to ask

[pushbrk 12,081]

17 minutes ago, florida racer 73 said:

I own a business as well, if you are filling out the I-864, it goes by you total AGI, when you did your taxes if you had the ability you should have made your salary more, also being a small business in addition to submitting the I-864 and a copy of your returns, you will need your transcripts and a copy of I believe your schedule E.

 

uscis does not request these forms, this is for the adjustment of status at the NVC stage. Unfortunally at this point you are way inder the poverty line so you would have to amend your taxes and show that you made more or find a co-sponsor

Best to disregard the above.  Two many errors.  You have the right information from others.  Your income as a self employed person comes from line 22, total income.  Sometimes that is the same number and sometimes it's not.  Line 22 rules.  

 

There is no "adjustment of status" at the NVC stage.  AOS at NVC means Affidavit of Support.  There are no co-sponsors.  If you don't qualify, you'll need a qualified "joint sponsor".