Final question- Affidavit of support

[lovenow 2]

Hi guys!

Everything is pretty much ready for the interview but I have one question left:

My fiance is self employed, he makes enough money (over $18500) and I have his notarized ITR transcript for 2010, his signed I-134 and we also got his parents as co-sponsors just in case, and a letter from a an officer of the bank. Since he doesn't have W2 or pay stubs or a letter from an employer is there any other document we need? like his business license or something?

Thanks!

[Manda_Uk 2]

I don't know how it works being self-employed in the US but here in the UK I pay myself through my business bank account and I get official bank statements so I can highlight my weekly salary payments. Or alternatively what kind of invoicing system does your fiance use? If they are typed invoices you could provide a couple of those to give the CO an idea of what kinda of weekly/monthly salary they are paying themselves. If they are electronic invoices you could provide a couple of screenshots, just an idea. I would bring as much evidence as possible to the interview so if you are asked you can provide it. Good luck!

[Brother Hesekiel 2,236]

The income tax return is the 1040, even for self-employed people. That's what you need.

[JimVaPhuong 4,863]

Hi guys!

Everything is pretty much ready for the interview but I have one question left:

My fiance is self employed, he makes enough money (over $18500) and I have his notarized ITR transcript for 2010, his signed I-134 and we also got his parents as co-sponsors just in case, and a letter from a an officer of the bank. Since he doesn't have W2 or pay stubs or a letter from an employer is there any other document we need? like his business license or something?

Thanks!

If you're going to include a copy of his tax return then make sure it's complete. In addition to a 1040, a self-employed person would at least also include a schedule C for declaring their self-employment income and expenses. They might also include a schedule A for their personal deductions (unless they take the standard deduction). If he's paid on a contract basis then he probably also receives 1099's from the people he works for. It would be a lot less complicated if he'd just get a tax return transcript from the IRS. They're free, and it takes less than two weeks to get them. If he gets a transcript then he won't need any other tax documents.

BTW, the consulate is going to look at his "total income" on the 1040 - line 22. For a lot of self-employed people that number is a LOT lower than their actual income.

[lovenow 2]

Yes we already have the tax transcript from the IRS and we got it notarized, the line that says "total income" is above the required $18500.

And you are right, it is a lot less than his actual income, he has put a lot of his profit back into the business since he is still building it.

So other than that and a letter from the bank we don't need anything else? I thought maybe his business license or something? I just don't want to be sent back for more documents at the interview.

[JimVaPhuong 4,863]

Yes we already have the tax transcript from the IRS and we got it notarized, the line that says "total income" is above the required $18500.

And you are right, it is a lot less than his actual income, he has put a lot of his profit back into the business since he is still building it.

So other than that and a letter from the bank we don't need anything else? I thought maybe his business license or something? I just don't want to be sent back for more documents at the interview.

It wasn't really necessary to get the transcript notarized, and I'm not really sure what purpose it serves. A notary in the US is basically a legal witness - they watch you sign a document or take and oath, and then they affirm that they witnessed it. A tax return transcript doesn't require any signatures, and a notary's stamp doesn't do anything to confirm that the document is authentic. Anyway...

The CO can theoretically ask for anything they want. What they're primarily looking for with an affidavit of support is evidence that the sponsor has sufficient income. I don't see how a business license would do anything to confirm that, but I guess it's possible the CO could ask for it. With self-employed sponsors they usually focus on the tax returns.

[lovenow 2]

I know it sounds weird that they want the tax return notarized but it's what they ask at the Israeli consulate.

I'm quoting from packet 3 I've received:

To substantiate the information regarding income and resources the sponsor should attach two or more of the following items to the affidavit:

1. Notarized copies of his or her latest federal income tax return;

2. A statement from his or her employer showing salary and the length and permanency of employment;

3. A statement from an officer of a bank regarding his or her account, the date the account was opened, and the present balance;

4. Any other evidence adequate to establish financial ability to carry out his or her undertaking toward the applicant for what might be an indefinite period of time.

We have number 1+3 for both my fiance and his parents so we should be fine?

[JimVaPhuong 4,863]

I know it sounds weird that they want the tax return notarized but it's what they ask at the Israeli consulate.

I'm quoting from packet 3 I've received:

To substantiate the information regarding income and resources the sponsor should attach two or more of the following items to the affidavit:

1. Notarized copies of his or her latest federal income tax return;

2. A statement from his or her employer showing salary and the length and permanency of employment;

3. A statement from an officer of a bank regarding his or her account, the date the account was opened, and the present balance;

4. Any other evidence adequate to establish financial ability to carry out his or her undertaking toward the applicant for what might be an indefinite period of time.

We have number 1+3 for both my fiance and his parents so we should be fine?

A tax return and an IRS tax return transcript are not the same thing.

A tax return requires a signature. It's the signature on the tax return that they want notarized. An IRS tax return transcript does not require a signature from anyone. There is nothing on a tax return transcript to notarize. That's why I wondered why you would get a transcript notarized.

[lovenow 2]

OK I wasn't aware it's not the same thing. so we're not good then with just the tax transcript we got from the IRS? should I ask my fiance to send me also his signed and notarized tax return (the 1040 he filled out?)but he already has sent it to the IRS when he filed his taxes.

I'm confused.

[JimVaPhuong 4,863]

OK I wasn't aware it's not the same thing. so we're not good then with just the tax transcript we got from the IRS? should I ask my fiance to send me also his signed and notarized tax return (the 1040 he filled out?)but he already has sent it to the IRS when he filed his taxes.

I'm confused.

You're fine. Most consulates actually prefer a transcript from the IRS.

A tax return is just a bunch of forms that you fill out yourself. The consulate has to trust that the forms you're giving them are identical to the forms you actually filed with the IRS. That's why they want the signature notarized. A transcript, on the other hand, is a computer printout from the IRS that shows the same information that they received when the tax return was filed. A transcript proves that a return was filed with the information shown.

[lovenow 2]

Alright that's a relief! thank you so much for clearing this out for me.

Sorry it's so hard to keep track of all the american tax system ours is so much simpler. But I guess I better learn it since it's going to be my tax system from now on!

Thank god for this website god bless you all!

[JimVaPhuong 4,863]

Alright that's a relief! thank you so much for clearing this out for me.

Sorry it's so hard to keep track of all the american tax system ours is so much simpler. But I guess I better learn it since it's going to be my tax system from now on!

Thank god for this website god bless you all!

The tax system is far too complicated for most Americans to understand. There are many tax consultants available to help people complete their annual tax returns. For the do-it-yourself type, there are computer programs that make the work very easy. The programs ask you a series of questions and you provide the answers. When you're finished, the program sends your tax return to the IRS electronically. My tax return is somewhat complicated because I've got a job as well as a home-based business, but I still manage to complete my tax return in a few hours.

Still, it helps to learn at least a little about the tax laws. It makes it easier to plan your finances. For example, some types of expenses can be deducted from your income when calculating your tax liability. Knowing in advance what expenses qualify is necessary so you know which receipts you should be saving.

[jedgrl 0]

thank goodness i found this thread!

additional question though, what would be the proof of sustained income for the present period if the only thing a self-employed person would present is the tax transcript for the past year?

i saw an old thread before but i cant trace it anymore and the petitioner said that his fiance was asked for additional documents during the interview to show current sustained income.

my fiance/petitioner owns a restaurant but i dont think he pays himself monthly through his bank account.

so he may not have documentary proof to show that he has a steady income from his business.

any ideas?

thanks well in advance!

[jedgrl 0]

giving a cyber bump on this thread..

my interview is next week and we are still lost as to what other "proof" we can prepare to show his current sustained income.

his past 3 years ITR are looking good, but they are from a previous business which he doesn't own anymore.

for his current sushi restaurant, he doesn't have a documentation to prove that he's paying himself monthly as the owner/manager.

what to do? please help!

thank goodness i found this thread!

additional question though, what would be the proof of sustained income for the present period if the only thing a self-employed person would present is the tax transcript for the past year?

i saw an old thread before but i cant trace it anymore and the petitioner said that his fiance was asked for additional documents during the interview to show current sustained income.

my fiance/petitioner owns a restaurant but i dont think he pays himself monthly through his bank account.

so he may not have documentary proof to show that he has a steady income from his business.

any ideas?

thanks well in advance!

[JimVaPhuong 4,863]

giving a cyber bump on this thread..

my interview is next week and we are still lost as to what other "proof" we can prepare to show his current sustained income.

his past 3 years ITR are looking good, but they are from a previous business which he doesn't own anymore.

for his current sushi restaurant, he doesn't have a documentation to prove that he's paying himself monthly as the owner/manager.

what to do? please help!

Bank statements are good. If he can get it, a statement from a bank officer showing total deposits year-to-date would also be good.