Co-sponsor documentation

[RAI 0]

Hi I recently recieved my NOA2 from CSC and I am getting ready for the affidavid of support I have a high income 44,000$ in 09 and 30,000$ owed to me in a property note, but I only have a tax return for 2009. I didn't make a lot of money in 2008 and going back and filing it I don't think would be worth the trouble. I have a family member who is willing to co-sponsor my petition her income is high 65,000 for 09 and even higher in preceding years for documentation she needs to provide a birth certificate to prove US citizenship do you have to have an original copy or is a copy of the birth certificate enough. Also because her income is very high I didn't include any assets like her house or her interest in a family ranch. Should I cover all my bases and include all the documentation of her assets or is her income enough. Thank you all for your assistance you have been the best support and advice all thru this process. Thank you

[twowls 217]

Hi I recently recieved my NOA2 from CSC and I am getting ready for the affidavid of support I have a high income 44,000$ in 09 and 30,000$ owed to me in a property note, but I only have a tax return for 2009. I didn't make a lot of money in 2008 and going back and filing it I don't think would be worth the trouble. I have a family member who is willing to co-sponsor my petition her income is high 65,000 for 09 and even higher in preceding years for documentation she needs to provide a birth certificate to prove US citizenship do you have to have an original copy or is a copy of the birth certificate enough. Also because her income is very high I didn't include any assets like her house or her interest in a family ranch. Should I cover all my bases and include all the documentation of her assets or is her income enough. Thank you all for your assistance you have been the best support and advice all thru this process. Thank you

A copy of BC or bio page of passport is fine. Three years of tax transcripts and W-2s, letter of employment, and a bank statement would be sufficient from your joint sponsor.

[Dodi 69]

I-134's only require ONE year of tax return. Not three. You won't need the I-864 and three years of tax returns until time for the AOS.

The receivable in the property note would be considered an asset, not income, but then only if it's in your name. You'd really need to have it either paid to you, or titled to you in order to claim it on your I-134 or I-864.

Edited July 26, 2010 by Dodi

[Gary and Alla 3,694]

Hi I recently recieved my NOA2 from CSC and I am getting ready for the affidavid of support I have a high income 44,000$ in 09 and 30,000$ owed to me in a property note, but I only have a tax return for 2009. I didn't make a lot of money in 2008 and going back and filing it I don't think would be worth the trouble. I have a family member who is willing to co-sponsor my petition her income is high 65,000 for 09 and even higher in preceding years for documentation she needs to provide a birth certificate to prove US citizenship do you have to have an original copy or is a copy of the birth certificate enough. Also because her income is very high I didn't include any assets like her house or her interest in a family ranch. Should I cover all my bases and include all the documentation of her assets or is her income enough. Thank you all for your assistance you have been the best support and advice all thru this process. Thank you

Current income is more important than anything. What is your current annual income...today? If it is over the guidelines, you are fine. No co-sponsor needed. Current annual income means your total salary, not your total for the year so far. IF you have a salary of $44,000 you are WAY over the guideline. It is not important what you made last year. You could have -0- income last year, started a new job in June at a salary of $44,000 and your CURRENT annual income is $44,000. You qualify by a wide margin. If your income is sufficient you can leave all asset information BLANK. That goes for you OR a co-sponsor.

You (or a co-sponsor) needs only ONE year tax return for the I-134. You need only ONE tax return for the I-864, BUT the I-864 also requires you give a statement of your total income from the previous THREE years tax returns, OR an explanation citing the reason in the tax code you did not file. "I did not make much money" is NOT a valid reason and your AOS would be denied. You will NEED to file tax returns for 2008 (minimum) and also for 2007, unless you do not file for the AOS until the 2010 tax return is complete. Not needing to pay tax and not needing to file are two different things. If no tax is owed, there is no penalty for filing late. You can get the proper forms...google "1040/2008"

[RAI 0]

I made 44,000 last year but was laid off in february. That was a combination of my salary, day trading stocks, and income from my property note. I have a good paying job now but my employer insists on paying me in cash. I am under a lot pressure because I would like to visit Alina in Ukraine before she comes here and this job pays me well enough to do so. I recieved NOA2 on july 16th and as I understand it will be a few months till the consulate interview and I was hoping to have time to save enough for a trip in September and then find a legitimate job or just begin reporting my earnings from my current job.

[Dodi 69]

Is your employer withholding taxes from your income? You are eligible by law to receive a statement from your employer showing your earnings, including withholding. If you request this in writing, and they cannot provide it, you may have legal recourse with your State Dept. of Labor.

Cash is good at the moment because you can spend it immediately, but what is your employer hiding by refusing to write checks? BEWARE.

You need SOMETHING in writing to prove you're employed and what you earn. A letter from your employer, coupled with pay stubs - even if he just types them up into a spreadsheet and prints them on letterhead - would suffice.

Good luck.

[RAI 0]

Thank you I know that I can force the issue about my employer not withholding. I don't really want to get them into any trouble especially as they have been paying me decently their issue with paying me above the table is workmen's comp insurance and such. I haven't made an issue because my normal job has health and pension benefits as well as a higher hourly salary so I was just killing time until the economy improves. I would almost want to delay the consulate interview. I broke my wrist and wasn't able to work for 6 weeks and my fiance really wants me to come for an extended visit so I'm kind of between a rock and a hard place I need to work for this person a little bit longer but then find another position that is more suitable or have her start paying me with deductions. That's why I'm interested in a co-sponsor. I already had one rfe and I want this to be approved without any problems.

[Gary and Alla 3,694]

Thank you I know that I can force the issue about my employer not withholding. I don't really want to get them into any trouble especially as they have been paying me decently their issue with paying me above the table is workmen's comp insurance and such. I haven't made an issue because my normal job has health and pension benefits as well as a higher hourly salary so I was just killing time until the economy improves. I would almost want to delay the consulate interview. I broke my wrist and wasn't able to work for 6 weeks and my fiance really wants me to come for an extended visit so I'm kind of between a rock and a hard place I need to work for this person a little bit longer but then find another position that is more suitable or have her start paying me with deductions. That's why I'm interested in a co-sponsor. I already had one rfe and I want this to be approved without any problems.

So as I understand this, you have a "normal job" with paycheck and wiotholding and the rest is from self employment (the cash job) You are being treated as an independent contractor and the person paying cash is not you employer, they are your client. They cannot provide you an employment letter and you cannot force the issue with the labor department. Some people abuse the "independent contractor" classification and I am not going to try and determine that. Neither will the consulate, they do not care. If it is being abused you could both be in trouble so best to drop that subject right now.

You should state your current income as a combination of your "regular job" and your income from "self employment" You can get a letter from your cash client that he is a client and has a contract with you which he anticipates continuing indefintely. It is not the same as an employment letter. Hopefully you have been depositing this cash to a bank account. Yes? If so, you can obtain a bank letter stating your deposits as backup to your income claims. For self employed people a bank letter amounts to a a verification of employment.

If you are hiding the cash so that you do not have to pay the 15% self-employment tax, then you cannot claim, nor should you be able to. If you make a choice to live on unverifiable income to evade taxes, then this is what you reap. Use a co-sponsor in that case.

You will still have to file tax returns for the last three years to qualify for AOS. They will ask your gross income for the last three years, they CAN check if you filed taxes. They CAN ask for three years tax returns. If they do and you do not produce them, your AOS will be denied and your (then) wife will be escorted to the door.

As stated before, is is quite possible you do not owe income tax for the previous 3 years and filing late is no problem if no money is owed. It is not a problem that in some of those years you had little income, that is not an issue for the consulate or USCIS, nothing to fear for you there.

Your main concern may be the matter of self employment tax, but that is for you to decide and calculate. If you owe tax, then file the returns and call the IRS to set up a payment plan. A tax LEIN can cause you problems in getting the visa, but a tax payment plan is not a problem.