Problem with co sponsor (merged threads)

[lucy 242 4]

So we just got the NOA2 and started gathering the documents,

All this time we were thinking that my husbands mom will be the co sponsor, she has 5 properties and her income is the rent from those properties.

So today I was looking at her tax return and I was shook! she only claims losses, in fact her income is  -$25000!! (yes thats minus! )

Also she is filing taxes jointly with her husband that doesn't live with her for like 15 years..(I'm not sure about this one, but I think he has to sign as well in that case? is it true?)

So now we are thinking to go for property value and base the sponsorship on that, but I'm confused about how to do this? how do we present that?

and will her husband have to sign anyway? because he won't...

 

 

[pushbrk 12,155]

Qualification for the self employed based on income would come from line 22 of the 1040 form.  If that is a loss, you're probably better off finding a different joint sponsor who actually qualifies based on income.  Note that it is common for people with rental properties to show a loss on their tax returns.  Good on the one hand but bad for sponsoring an immigrant.

[lucy 242 4]

There is no one else...

[pushbrk 12,155]

1 minute ago, lucy 242 said:

There is no one else...

If you are sure of that, then it may be possible to qualify based on documented equity in the rental properties.  Doing so is complicated.  Bear in mind also that the negative income must be overcome.  If line 22 says -25,000 then the assets required are 3 times the income shortfall.  The income shortfall is the full requirement PLUS the 25,000 negative.  So, if it's just a couple with no dependents, plus you as the only intending immigrant, they'll need three times $50,975, not 3 times $25,975.  This may well be easy to do, but read the instructions for the I-864 to be sure those equities are properly documented.

[lucy 242 4]

5 minutes ago, pushbrk said:

Qualification for the self employed based on income would come from line 22 of the 1040 form.  If that is a loss, you're probably better off finding a different joint sponsor who actually qualifies based on income.  Note that it is common for people with rental properties to show a loss on their tax returns.  Good on the one hand but bad for sponsoring an immigrant.

line 22 says "Deductible rental real estate loss after limitation, if any" and there's a number, I don't really know what this means 

[lucy 242 4]

line 22 says (16000) (13000)   thats for 2 properties, theres another page for the rest of them, all pretty similar

line 26 says -25000

maybe I'm not reading this right...

[lucy 242 4]

I'm adding a picture , I'm not from the US and it's confusing to me lol

[pushbrk 12,155]

I'm talking about line 22 on page one of the 1040 form, not from Schedule E.

[lucy 242 4]

Oh great! situation is even worse! 

[pushbrk 12,155]

But the formula is still the same.  You need line 22 plus the income requirement times 3 documented as equity in properties other than the primary residence.

[lucy 242 4]

well the houses worth more than that, but do we need to count the dad as well if they file jointly? he doesn't live there and the houses are not in his name.

does he need to sign anything or just the mom?

[pushbrk 12,155]

14 minutes ago, lucy 242 said:

well the houses worth more than that, but do we need to count the dad as well if they file jointly? he doesn't live there and the houses are not in his name.

does he need to sign anything or just the mom?

It's not what the houses are worth.  It's the "equity" which is what they are worth minus any mortgages.  Yes, not only do you count the father, but it's best he provide an I-864a because of the joint filing status.  Somebody needs to carefully study the I-864 instructions.  This part of your case may need professional help.

[lucy 242 4]

There is no mortgages on the houses, but the father will never sign anything 

[SusieQQQ 11,584]

21 minutes ago, lucy 242 said:

There is no mortgages on the houses, but the father will never sign anything 

 

Yet they file jointly.... doesn’t he sign the tax returns?

 

unfortunately  not the first time tax shenanigans have got in the way of sponsoring an immigrant and won’t be the last, sorry it’s affecting you guys. Is there absolutely no-one else?

[lucy 242 4]

There's no one else...