co-sponsors...self employed...job application...

[JessicaNBrian 0]

I came as a tourist...I have been out of status for 7 months already, I got married 2 months after my I-94 expired...

I'm going to apply for AOS...my husband is USC and his parents are going to be our co-sponsors...

They filed taxes jointly...she is working since Jan because the past year she was fired after 9 years of work and she was without working for 10 months...now she is working again thanks to GOD...

His father has been working, but he is self employed...their income is $46.000 we are 5...but when I saw the adjusted income it said $18.000 ...so I need help...their income was over 50.000 but she was fired...can they be our co-sponsors without problem? even if he is self employed?

My other question...I was looking for a job I wanted to help...I filed an application...in the application they never asked about work permit or being USC or LPR...nothing about it...so I filed the application in the place I gave it to them...They told to go for training...but I never attended... so can I get in trouble because I filed an application? would it appear in the system even if I never worked...I just filed a paper? Thanks!!!!!! god bless you all!!!

[JimVaPhuong 4,863]

A self-employed person can co-sponsor. They are going to go heavily on the tax return to determine level of income, though. They may also ask for bank statements to show his revenues.

When you say "adjusted income", are you talking about "adjusted gross income" (AGI), or are you talking about his income after adjusting for his business expenses? USCIS uses the "total income" line on the 1040, which is AFTER accounting for any business related expenses. If the total income on the 1040 is only $18000 then he's not even close to being eligible to sponsor. This is the biggest problem that self-employed people face when sponsoring an immigrant. The IRS rules allow them to take generous deductions for business expenses, often far beyond what they actually spend for those expenses, but the result is that their total income ends up looking much lower than it really is. Congress passed these tax laws to help self-employed people and small business owners, but to USCIS it makes it look like the sponsor is poor.

Working without authorization is illegal, and would usually exclude someone from being eligible to adjust status. However, like the overstay, this exclusion does not apply to an immediate relative of a US citizen. They won't deny your adjustment of status for it, especially since you didn't actually work. You might have something to worry about if you provided any false documents when you applied for the job, such as a fake social security card. If you claimed to be a US citizen on any document you signed then you really have something to worry about.

[obnancy 5]

Hi, I am sponsoring my husband and have the same problem. I am a business owners and my gross income more than meets the requirements, but I am well versed in tax planning and have a good accountant so my adjusted gross is below the level.

I am using the assets option using the equity I have in homes I own. If your sponsors have owned a home for some time and were not foolish enough to use a home equity line they should have sufficient equity in their home to cover the requirements. You need to have them show proof of ownership, proof of any mortgage amount owed and the value of the home. If the value of the home minus the mortgage amount is more than five times the shortfall in the income requirements, they should allow them to sponsor. They can also include any bank accounts, stock account balances etc... for qualification.

Good luck!

[JessicaNBrian 0]

Thank you so much for your answers...

And I never provided any fake SSN they only asked for my ID which said temporary and that's all...the application was only about name...address and educational information, they never talk about authorized work or not or SSN or being a USC...so I think if they don't ask about it, so I never said something like that, I didn't even work is everything fine right?

And I am a little still confused about the co-sponsors...this is some information...

- U.SS individual income tax return

22.Add the amounts in the far right column lines 7 through 21. This is your total income: 22.934

-37.Adjusted gross income: 21.970

and after all that it says:

Profit or loss from business

7.Gross Income: 43,598...

And in his form 1099-MISC for 2008 says 42.345.24 and for 2009 43.598

We're living in a rented house, the only properties I think is the car...so I don't know should I find another co-sponsor? Thank you

[obnancy 5]

Hi Jessica,

They will use his adjusted gross income amount for each year, not his 1099 income. Your 1099 income is the gross income you made that year. Then you take business and medical deductions, etc... to come up with your adjusted gross income. This is the number that is reported to the IRS for medicare and social security down the road. Most business owners try and get this number as low as possible because it is what is used by the government to determine how much self empoloyment tax we have to pay.

If you sponsors adjusted gross is below 125% of the poverty guidelines and they do not have any other assets to show that they have 5 times the shortfall convertable with-in one year, i.e. bank accounts, stock accounts, real estate assets, a car (can use value if they own more than one) then I think you will need to find another sponsor.

If with the mothers income, this year it looks like they will be above the poverty guidelines, you may be able to include copies of her last pay stubs and write a cover letter explaining she was out of work, but with her income and the husbands adjusted gross income, they will be over above the 125% mark this year.

[JessicaNBrian 0]

Hi...I really don't understand...because the person above of you say they take the total income which is after the adjusted gross income...his adjusted gross income is 21...his gross income is 43 :s

[JessicaNBrian 0]

Well they own a car and a truck...how do they add their assets?

[JimVaPhuong 4,863]

Read the I-864 instructions. They only use adjusted gross income if the sponsor filed a 1040EZ. For other 1040 forms they use total income. Line 22 of a 1040, or line 15 of a 1040-A.

Jessica, your co-sponsor's qualifying income is $22,934. With a household size of 5, he needs $32,237 income to qualify. He's about $9300 short. Since he is not the primary sponsor, he will need about $46,500 in assets to make up the difference (5 times the income shortage).

Read the I-864 instructions regarding assets, as well. Assets can only be considered if they can be converted to cash within 12 months without undue hardship or financial loss. He could declare the car or the truck, but not both. Selling both of his vehicles would make him a pedestrian, which USCIS considers to be an undue hardship. This is specifically covered in the I-864 instructions. I don't know what kind of car or truck he owns, but it's unlikely either of them are worth $46,000.

Obnancy had a good point about the home. If he is buying his home, rather than renting it, and has any equity, then his equity can be declared as an asset.

[JessicaNBrian 0]

Read the I-864 instructions. They only use adjusted gross income if the sponsor filed a 1040EZ. For other 1040 forms they use total income. Line 22 of a 1040, or line 15 of a 1040-A.

Jessica, your co-sponsor's qualifying income is $22,934. With a household size of 5, he needs $32,237 income to qualify. He's about $9300 short. Since he is not the primary sponsor, he will need about $46,500 in assets to make up the difference (5 times the income shortage).

Read the I-864 instructions regarding assets, as well. Assets can only be considered if they can be converted to cash within 12 months without undue hardship or financial loss. He could declare the car or the truck, but not both. Selling both of his vehicles would make him a pedestrian, which USCIS considers to be an undue hardship. This is specifically covered in the I-864 instructions. I don't know what kind of car or truck he owns, but it's unlikely either of them are worth $46,000.

Obnancy had a good point about the home. If he is buying his home, rather than renting it, and has any equity, then his equity can be declared as an asset.

Thank you so much for your help! Well, it seems like I have to wait a little bit more before sending my papers, Can I find a co-sponsor who lives in another house? My husband is not working right now.

[Leigh Ann 8]

Thank you so much for your help! Well, it seems like I have to wait a little bit more before sending my papers, Can I find a co-sponsor who lives in another house? My husband is not working right now.

Yes, they do not have to live with you or be related to you in any way.

[JessicaNBrian 0]

Yes, they do not have to live with you or be related to you in any way.

Thank you so much!

[JimVaPhuong 4,863]

Thank you so much for your help! Well, it seems like I have to wait a little bit more before sending my papers, Can I find a co-sponsor who lives in another house? My husband is not working right now.

Yes. The only requirements are that they are a US citizen, US national, or legal permanent resident, that they are domiciled in the United States, and that their income and/or assets are sufficient to qualify as a sponsor.

Bear in mind that you're asking someone to sign a legally binding contract that could potentially be hanging over their head for the rest of their life. Many potential co-sponsors get scared when they read the contract portion of the I-864. For a favor of this magnitude, you should probably focus on close friends first.

[JessicaNBrian 0]

Yes. The only requirements are that they are a US citizen, US national, or legal permanent resident, that they are domiciled in the United States, and that their income and/or assets are sufficient to qualify as a sponsor.

Bear in mind that you're asking someone to sign a legally binding contract that could potentially be hanging over their head for the rest of their life. Many potential co-sponsors get scared when they read the contract portion of the I-864. For a favor of this magnitude, you should probably focus on close friends first.

Yeah that's truth! Thank you so much for your help I hope everything goes fine.