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Lost Job i864 AOS Income Requirements Self Employed. Somewhat Worried

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Filed: IR-1/CR-1 Visa Country: India
Timeline

Hi VJ Members,

We filed in the beginning of May but it looks like that it can take another 1-2 months, before we hear from USCIS. I thought I should post some questions/concerns here and run it thru many knowledgeable VJ members here.

Our Case

My U.S. husband lost his job in January. Currently, he is looking for a job in his field. Don't know if his income qualifies or do we need a joint sponsor?

Past: 2010 AGI: 6,000 Self Employed (He's was our of U.S. for about an year)

Past: 2011 AGI: 38,000 (w2)

Past: 2012 AGI: 110,000 (w2)

Current: 2013 AGI: 9,000 Severance package (w2) + Self Employment Income (Taxes not filed) - We got married and he stayed with me 4 months and returned back to the U.S in June 2013.

He is NOT collecting Unemployment and nor does he plan to. He is considered Self-Employed as per resident state rules, that denied his UI benefits.

Year 2013 worries us somewhat because he didn't find a job in his field yet. However, he is working as self-employed. He mentions that he will surely NET over $ 22,000 for this year (that includes the 9,000 gross income w2 he will receive from his previous employer)

Questions:

1. Will $22,000 (that is over 125% of poverty line for 2 family household) for 2013 be enough income for sponsorship (without joint sponsor)?

2. If yes, how do we prove to USCIS that he makes that money, since the taxes will be filed after the years end? He gets NO 1099? Should we send in his personal bank account statement showing deposits?

3. I heard that USCIS put emphasis on current employment. Considering what I stated above, Do we need a joint sponsor?

Thanks to all of you for Help.

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Filed: Lift. Cond. (apr) Country: China
Timeline

Moved from Progress Reports to Process & Procedures.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Filed: IR-1/CR-1 Visa Country: Bulgaria
Timeline

Thanks for the reply but he does not file quarterly.

That's the point ! He is supposed to make quarterly estimated tax payments since he has no employer withholding taxes !

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  • 3 years later...
Filed: K-1 Visa Country: Philippines
Timeline

What about the NVC website where it says "If you are currently self-employed in any of the following ways, you do not need to obtain submit evidence of income:

  • Babysitter, elderly caretaker, construction worker, handyperson, housekeeper, landlord, musician, nanny, seamstress, tailor, artist, or writer."

https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/Step_4_Collect_Financial_Documents.html

 

This is under the section explaining what to do if your tax returns DO NOT prove you meet the income requirements. Maybe your husband could become a self employed handyperson or artist?

 

I'm not sure if this would work, it's as much a question to others as it is an answer to you, but I hope it helps. To me the language seems pretty clear.

 

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Filed: K-1 Visa Country: Philippines
Timeline

What about the NVC website where it says "If you are currently self-employed in any of the following ways, you do not need to obtain submit evidence of income:

  • Babysitter, elderly caretaker, construction worker, handyperson, housekeeper, landlord, musician, nanny, seamstress, tailor, artist, or writer."

https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/Step_4_Collect_Financial_Documents.html

 

This is under the section explaining what to do if your tax returns DO NOT prove you meet the income requirements. Maybe your husband could become a self employed handyperson or artist?

 

I'm not sure if this would work, it's as much a question to others as it is an answer to you, but I hope it helps. To me the language seems pretty clear.

 

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Filed: Citizen (apr) Country: Canada
Timeline
21 minutes ago, dkallung said:

What about the NVC website where it says "If you are currently self-employed in any of the following ways, you do not need to obtain submit evidence of income:

  • Babysitter, elderly caretaker, construction worker, handyperson, housekeeper, landlord, musician, nanny, seamstress, tailor, artist, or writer."

https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/Step_4_Collect_Financial_Documents.html

 

This is under the section explaining what to do if your tax returns DO NOT prove you meet the income requirements. Maybe your husband could become a self employed handyperson or artist?

 

I'm not sure if this would work, it's as much a question to others as it is an answer to you, but I hope it helps. To me the language seems pretty clear.

 

You are replying to a 4 yrs old thread and the OP has not been on in 2 yrs. It is a good idea to look at the date of threads before replying. 

 

~~Zombie thread locked to further replies.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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