I-864: Husband has no current income

[USAMausi 0]

Hi there,

My husband and I are getting ready to send the AOS package (I 130 and I 485).

He has had income in the previous three years that meets the requirements. However, he is not currently employed.

Right now he is in the process of starting a LLC for personal training and trains for cash. He doesn't want to put that on the form and prefers to say he is unemployed.

Do you think we will get a RFE for him not presently having income?

Thank you for advice. This forum has been such a great resource!

Edited June 9, 2016 by USAMausi

[newacct 688]

Umm... It's the current income that counts. If he has no current income, and he doesn't have enough assets to make up for it, and he doesn't have household members whose incomes and/or assets can make up for it, then you need a joint sponsor.

[arken 4,197]

If he is currently unemployed, he needs a joint sponsor or assets to show the financial requirement. You will definitely get an RFE for that. Mentioning he will be opening up a LLC doesn't help either. He needs to be earning money at the time of filing the package.

[Rc123rc 528]

Not only as stated above, He needs to file quarterly estimated taxes on his cash earnings. He's technically self-employed whether he wants to admit that or not. The LLC is just a legal entity of which he is an officer and shareholder.

[Cheezees 1,514]

Does your current income cover the 125% minimum. If so, you would not need to find a joint sponsor. If not, a joint sponsor is needed as both of your current incomes in aggregate would not be enough. Good luck!

[USAMausi 0]

Thanks for chiming in.

That's not what I wanted to hear.

So, let's say we were to round up his cash earnings, and write it down, would that work?
Since he is not really getting paystubs, can we write up something saying he is self-employed?

Does your current income cover the 125% minimum. If so, you would not need to find a joint sponsor. If not, a joint sponsor is needed as both of your current incomes in aggregate would not be enough. Good luck!

My past income, from last year and up until May covers us easily, but I was under the impression that my income doesn't matter... Can you clarify?

[Cheezees 1,514]

Thanks for chiming in.

That's not what I wanted to hear.

So, let's say we were to round up his cash earnings, and write it down, would that work?

Since he is not really getting paystubs, can we write up something saying he is self-employed?

My past income, from last year and up until May covers us easily, but I was under the impression that my income doesn't matter... Can you clarify?

Your income does matter as it shows you can support yourself as well. My sister (a from GC holder) was able to show that her income was well beyond the requirement on her own. Her husband (the US citizen) was switching jobs and would not have been able to prove ANY income at the time she applied for AOS. They were able to use hers only with no joint sponsor. However, he also disclosed his past taxes, former income, etc. But the key is that is has to be existing and current income (so an employment letter stating he got a $1,000,000 salaried job yesterday would not cut it). Good luck!

[Eric-Pris 1,602]

Right now he is in the process of starting a LLC for personal training and trains for cash. He doesn't want to put that on the form and prefers to say he is unemployed.

Does he claim his cash earnings on his tax returns? I'm assuming not since "he doesn't want to put it on the form". Be careful about disclosing that kind of information in a public forum. In this country, that is called tax evasion, and it's a crime to not pay taxes.

If he pays taxes on those cash earnings, you can use them as income. If not, then they don't exist as far as AOS goes.

[USAMausi 0]

Does he claim his cash earnings on his tax returns? I'm assuming not since "he doesn't want to put it on the form". Be careful about disclosing that kind of information in a public forum. In this country, that is called tax evasion, and it's a crime to not pay taxes.

If he pays taxes on those cash earnings, you can use them as income. If not, then they don't exist as far as AOS goes.

He just starting doing that kinda stuff this year.

I am not sure how all that works, but wouldn't he pay taxes on all the cash earnings at the end of the year?

[Cheezees 1,514]

Yes, if he is working, he cannot claim unemployment and no one here is going to advocate that he does. You both know he is not unemployed so it must be disclosed, even if it is not enough to meet the requirement and taxes have not been filed on them yet.

[USAMausi 0]

Your income does matter as it shows you can support yourself as well. My sister (a from GC holder) was able to show that her income was well beyond the requirement on her own. Her husband (the US citizen) was switching jobs and would not have been able to prove ANY income at the time she applied for AOS. They were able to use hers only with no joint sponsor. However, he also disclosed his past taxes, former income, etc. But the key is that is has to be existing and current income (so an employment letter stating he got a $1,000,000 salaried job yesterday would not cut it). Good luck!

Hmm, my OPT ended on 5/31. My job may rehire me. So my income (from my tax return and this year's paystubs) is also not really current. I guess that won't work.

[Cheezees 1,514]

^^^

[Cheezees 1,514]

Hmm, my OPT ended on 5/31. My job may rehire me. So my income (from my tax return and this year's paystubs) is also not really current. I guess that won't work.

Unfortunately, no. I was on OPT but switching jobs. I teach so over the summer when I moved I was technically unemployed and my husband was taking summer classes. My income alone would have been enough if I had either waited a few months to AOS or had done it just 2 weeks earlier. So we had to get a joint sponsor. Looks like you'll be getting one too.

[USAMausi 0]

I really want to send the package off to get on USCIS' radar.

This "floating" makes me nervous.

As taken from this thread, we will get a RFE. Can we then get a joint sponsor?

Can that be anybody?Let's say friends. His family is not wealthy at all and also not very happy about us. I do not expect any help from them.

[Cheezees 1,514]

I really want to send the package off to get on USCIS' radar.

This "floating" makes me nervous.

As taken from this thread, we will get a RFE. Can we then get a joint sponsor? Why wait for an RFE and a delayed case? You know your income does not meet the requirement. Find a joint sponsor preemptively.

Can that be anybody? Yes, a USC or a GC holder. Let's say friends. His family is not wealthy at all and also not very happy about us. I do not expect any help from them.