Including tips in income & no tax returns

[Ad Astra 0]

Hi all,

 

I arrived on a K1 visa and next up is AOS. My wife recently got a raise so she is almost able to sponsor me, but I have a couple of questions.

 

First of all, a considerable portion of her income is from tips - this should count towards the income requirement, right? Would we just average her tips in the most recent month and calculate her estimated income that way?

 

Secondly, this is her first job, so she has never filed taxes before. Is that an issue concerning proving income? I read elsewhere that we'll just need to give the reason she has never filed taxes and cite the appropriate tax code, but what documents would provide sufficient evidence of income? Are pay stubs and a letter of employment enough?

 

Thank you

[f f 725]

if she did not make enough before that is ok they only care about current income. as long as she declares her tips as income and pays taxes on them they should be able to be included. as for proving she gets tips if they are on her pay stub you are fine but if they are just cash you will need to find a way to prove she made that money. and her word is not enough since anyone could then claim to make enough money to sponsor someone.

 

good luck

[geowrian 22,337]

Tips are income. The difficulty is proving the cash tips for the amounts she stated. I would assume credit tips are easier to prove as there should be documentation from the business and/or it is included in her paychecks. My instinct says to show the bank deposits (assuming she deposited the cash money into an account) since she started working as a way to verify that she is making what she claimed. She would certainly not be the first tip-focused sponsor USCIS has seen.

 

The amount of income to put on the I-864 is the amount that she expects to earn in the year.

 

That's correct. If no taxes were required to be filed for a year, then she needs to write a letter explaining why (i.e. no income to report). A letter of employment and several months of pay stubs (or as many as she has at the time) should be provided.

 

You may still want to look at a joint sponsor, though. Being borderline, especially in an environment where the pay can vary heavily from week to week, may still raise a public charge concern and require a joint sponsor.

[Ad Astra 0]

Thank you so much, both of you.

 

I may also have a willing joint sponsor (who earns far more than the required income), which actually brings me to another question. If he sponsors me instead, I understand that my wife will also need to fill out an i-134 anyway, but as she wouldn't be actually sponsoring me in that case, would she still need to provide any evidence of income? If not required, would it help my case at all if I do?

[f f 725]

it is the i864 for the aos not the i134. you spouse must sponsor you even if they do not make any money, it is more about them being liable. then your joint sponsor would fill out a i864a I believe.

[geowrian 22,337]

12 minutes ago, Ad Astra said:

I may also have a willing joint sponsor (who earns far more than the required income), which actually brings me to another question. If he sponsors me instead, I understand that my wife will also need to fill out an i-134 anyway, but as she wouldn't be actually sponsoring me in that case, would she still need to provide any evidence of income? If not required, would it help my case at all if I do?

Your wife will remain the primary sponsor for AOS, and as such she needs to provide an I-864 (I-134 was for the K-1 visa only). You raise a good question - I don't believe providing evidence of her income would actually be required (although I believe the tax transcript / letter is still need). Either way, I would still suggest including it. They will look at the incomes separately, though (with the exception of an I-864A where they combine incomes within a household).

Edited May 8, 2017 by geowrian

[Ad Astra 0]

I suppose I'll just have to play it by ear for now as far as my options with sponsorship. If it comes to it, I will provide evidence of income for both of them.

 

I can't state enough how much I appreciate the help. The whole process is daunting to say the least, so it is a pleasure to be given advice from those more knowledgeable than myself. Thank you.

Edited May 8, 2017 by Ad Astra

[geowrian 22,337]

10 minutes ago, Ad Astra said:

I suppose I'll just have to play it by ear for now as far as my options with sponsorship. If it comes to it, I will provide evidence of income for both of them.

 

I can't state enough how much I appreciate the help. The whole process is daunting to say the least, so it is a pleasure to be given advice from those more knowledgeable than myself. Thank you.

No problem. Best wishes!