Self-employed income

[hopefulls 8]

Hi everybody,

I'm petitioning for a K1 visa for my fiancée who is in Jamaica and for current job I listed that I am self-employed. At which stage does USCIS require proof of financial support (affidavit, I-134)? Would it be better to include a list of all my assets in the initial I-129F petition, or is it something that USCIS will verify just at the time of my fiancée's interview at the embassy in Kingston? In other words, people who state that they are self-employed as their current jobs, do they get scrutinized more than people who state that they are employed? I'm wondering whether USCIS will send an RFE because the petitioner state that he/she is self-employed, and I'm trying to figure this out in order to prevent any delay of the petition process.

Thanks for all your help.

[sheldonsgirl 19]

The I-134 will be needed when your fiance goes for his interview. USCIS never sees the affidavit of support. I used a company to fill in my documents and for self-employed I included a typed letter and the company I used gave me a sample to copy. I don't have a copy of the letter, as my fiance has it because he is going for his interview this Tues Sept 17. I also gave him 3 years of tax returns

I hope this was helpful

[J & L 10]

The petitioner will need it at the interview. I don't think you'd be scrutinized more, being self employed is not bad nor illegal. Make sure to send her as much proof as possible of your assets and make sure to check out the poverty guidelines.

An RFE is sent when a document is missing from the K1 packet, the affidavit of support's not even meant to be sent at this stage.

[Pinkrlion 2,725]

Issues with verifying income come at the interview with a I-134. For JA, self-employed income is looked at differently than employed income. You will have to have your tax returns, 1099's, and bank statements. Also, it is best to prepare to have a co-sponsor, as a majority of those who are self-employed, JA requires it.

I read a thread a few years ago about they look at your tax returns and based on your deductions, what your income is listed on your taxes is what they use to determine the 125%.

Edited September 13, 2013 by Pinkrlion

[johnanne 1]

I would suggest for you to get a co-sponsor and I don't thing being self-employed would be a problem. My husband was about two month in his new job and we use his parents as our co-sponsor and was successful.

[Jamaica10 13]

I recommend you line up a o-sponsor and submit their affidavit of support. I know a few people who are self employed and they received a temporary denial because they had a have a co-sponsor. Better safe than sorry. If you have money saved in a bank account around $40,000 or more, you may not need a co- sponsor

[I AM NOT THAT GUY 5,715]

I am self-employed, and had no problems. I just sent three years of tax returns with the I-134. No other proof of income was needed.

[KayDeeCee 4,902]

If the income from your recent tax returns meets the requirement, then I do not see why a co-sponsor would be needed. Being self-employed does not mean one automatically needs a co-sponsor. If your income meets or beats the requirement, no matter if you own your own business, do freelance work, or have an employer, then you should have no need for a co-sponsor.

[sheldonsgirl 19]

It stands to reason that if a co-sponsor is required due to self employment it would be included in the list of documents your beneficiary is required to bring at his/her interview. Some of you had me sweating over here until I read The Patriots post as I also included 3 years of tax returns. But even so, I would have to go back to what I originally said, everywhere I've read is that a co sponsor is only required when your income is insufficient, or in such case as the person who only had his job for a couple months and couldn't prove his income yet.

This whole process is nerve racking. Some stories on here bring relief and others get you wondering if you've crossed all your Ts and dotted all you Is. The only thing we have is faith. But maybe some statistics will also be helpful. The embassy has over a 95% approval rate and the main reason for denial is deception. Be truthful and make sure you have all the appropriate documents filled out correctly

Best of luck

[Pinkrlion 2,725]

It stands to reason that if a co-sponsor is required due to self employment it would be included in the list of documents your beneficiary is required to bring at his/her interview. Some of you had me sweating over here until I read The Patriots post as I also included 3 years of tax returns. But even so, I would have to go back to what I originally said, everywhere I've read is that a co sponsor is only required when your income is insufficient, or in such case as the person who only had his job for a couple months and couldn't prove his income yet.

This whole process is nerve racking. Some stories on here bring relief and others get you wondering if you've crossed all your Ts and dotted all you Is. The only thing we have is faith. But maybe some statistics will also be helpful. The embassy has over a 95% approval rate and the main reason for denial is deception. Be truthful and make sure you have all the appropriate documents filled out correctly

Best of luck

We all know this process is stressful, after you receive your NOA2 you really need to talk only to those from your embassy. This is the very reason, we always ask that JA members post successes and failures. So that other can read exactly what goes on. Although Patriot posted and so did Jay-Kay, they are not from our Embassy, and do not know what occurs. All they can say is that Embassy cannot do that, but our embassy does do these things. For whatever reason, it happens. There are those who receive a 221g, regardless of what they presented as verification of the 125%, saying they need a co-sponsor. We just suggest, we cannot make anyone get a co-sponsor. Yes, it is true that 95% get approved, but it does not mean that prior to approval, they were given a 221g to provide additional information including a co-sponsor.

My answer to this question was based on conversations that I have had with JA members that were required to have a co-sponsor.

They look at amount on line 22 of 1040. If that is below the required amount on I-864P, then you need a co-sponsor.

[I AM NOT THAT GUY 5,715]

They look at amount on line 22 of 1040. If that is below the required amount on I-864P, then you need a co-sponsor.

That is the bottom line. Whether the OP is self-employed, or not, doesn't matter.

[KayDeeCee 4,902]

They look at amount on line 22 of 1040. If that is below the required amount on I-864P, then you need a co-sponsor.

Exactly. That is the Total Income amount from their tax return. If it meets the requirement, then no co-sponsor is needed. That is what we said. You do not have to get a co-sponsor because you are self-employed. If you meet the income requirement, you meet it, even when being self-employed.

Edited September 15, 2013 by Jay-Kay

[hopefulls 8]

Issues with verifying income come at the interview with a I-134. For JA, self-employed income is looked at differently than employed income. You will have to have your tax returns, 1099's, and bank statements. Also, it is best to prepare to have a co-sponsor, as a majority of those who are self-employed, JA requires it.

I read a thread a few years ago about they look at your tax returns and based on your deductions, what your income is listed on your taxes is what they use to determine the 125%.

Could you please give me examples and details about how the embassy in Kingston looks at self-employment?

Also do you know where I can find the thread you are referring to in the second part of your reply?

Thank you very much.

[hopefulls 8]

Thanks everybody for your replies.

I actually won't be able to get a co-sponsor as my whole family lives overseas. My income tax returns for 2011 and 2012 are well over the 125% poverty line. It is 2013 that I'm worried about because I was laid off from my job in January, and so far I will have little income to show for the current year. Of course I hope to be able to beef up my income for 2013 by the end of the year. However owning over 100K in liquid assets in US banks, do you think my fiancée and I should be ok?

[Pinkrlion 2,725]

Just provide as much proof as possible. Your co-sponsor does not have to be a family member.