Affadative of support and co sponsor

[JJ89 13]

I’m currently doing the i-864 form. 

 

Background

Visa type: CR-1

State: New York

household size: 2 (my wife and I. I am petitioning for her)

Location: I am currently living in Mexico with her. We filled in Mexico under DCF.

Job:My job is online so I will still continue to have a job upon entering the USA.

adjusted gross income : 19,507 (below poverty) I will use my parents a co sponsor. 

 

My parents and I are both self employed, is there a special form I have to fill out for self employed people sponsoring an alien? 

 

My wife is currently pregnant, but if visa is approved she will have the baby in USA. Do they count the baby as a household member if still not born?

 

is there a different form for the co sponsor?

 

do I need to substitute the affadative with more proof of income? For example, bank deposits and tax for,s from more than 3 years for both my parents and I since we are self employed.

 

they made 200,000 last year. Their household is three, is this enough to sponsor my wife if I combine my income with theirs? 

 

Thnak you so so Much! Take care. 

 

 

 

 

 

Edited October 25, 2018 by jcon91

[geowrian 22,335]

45 minutes ago, jcon91 said:

My parents and I are both self employed, is there a special form I have to fill out for self employed people sponsoring an alien? 

No. they will use line 22 from the 1040 from the most recent tax year's return to determine their income levels.

45 minutes ago, jcon91 said:

My wife is currently pregnant, but if visa is approved she will have the baby in USA. Do they count the baby as a household member if still not born?

No.

46 minutes ago, jcon91 said:

is there a different form for the co sponsor?

I-864 for the joint sponsor.

I-864A for their spouse is highly suggested as well (assuming they are married...you did say "parents").

47 minutes ago, jcon91 said:

do I need to substitute the affadative with more proof of income? For example, bank deposits and tax for,s from more than 3 years for both my parents and I since we are self employed.

Bank deposits won't show a self-employed individual's income. The tax return will show income, as noted above.

 

48 minutes ago, jcon91 said:

they made 200,000 last year. Their household is three, is this enough to sponsor my wife if I combine my income with theirs? 

Probably. the CO makes a decision base don the totality of the circumstances so there is no guarantee regardless of income level (I have seen 1 joint sponsor making over $200k that resulted in a denial pending a satisfactory I-864 sponsor).

[pushbrk 12,106]

Please understand that for the self employed, it is not "income" until it appears on line 22 of a 1040 form that is actually filed with the IRS.  Revenue minus expenses is "income" for business/self employment earnings.  If their line 22 total income is well over the required amount, they can leave the asset sections blank.

 

Since YOU are self employed, your "income" is also from line 22.  That may or may not be the same number as AGI.

[JJ89 13]

6 hours ago, geowrian said:

No. they will use line 22 from the 1040 from the most recent tax year's return to determine their income levels.

No.

I-864 for the joint sponsor.

I-864A for their spouse is highly suggested as well (assuming they are married...you did say "parents").

Bank deposits won't show a self-employed individual's income. The tax return will show income, as noted above.

 

Probably. the CO makes a decision base don the totality of the circumstances so there is no guarantee regardless of income level (I have seen 1 joint sponsor making over $200k that resulted in a denial pending a satisfactory I-864 sponsor).

I am petitioning for my spouses. My parents are going to be a joint sponsor. So to get this correct I use the I-864 form and my parents also use that same form? I also do not need more proof of income other tax return for 2017? Thank you.

[JJ89 13]

4 hours ago, pushbrk said:

Please understand that for the self employed, it is not "income" until it appears on line 22 of a 1040 form that is actually filed with the IRS.  Revenue minus expenses is "income" for business/self employment earnings.  If their line 22 total income is well over the required amount, they can leave the asset sections blank.

 

Since YOU are self employed, your "income" is also from line 22.  That may or may not be the same number as AGI.

I looked at my line 22 and it says 21,070. I then look at my gross income and it says 19,581. I'm sorry but i'm a little confused. Which number is the one that the CO is looking for and which one do I put on the I-864? Taxes are defiantly not my forte.  I really need to get more educated on taxes. Thank you so much for your help. 

[JJ89 13]

6 hours ago, geowrian said:

I-864 for the joint sponsor.

I-864A for their spouse is highly suggested as well (assuming they are married...you did say "parents").

I think I understand now. One of my parents should use form I-864 and the other should use form I-864a. They are joint fillers since they both have the same income from the business they own. Does this still apply?

[geowrian 22,335]

3 hours ago, jcon91 said:

I looked at my line 22 and it says 21,070. I then look at my gross income and it says 19,581. I'm sorry but i'm a little confused. Which number is the one that the CO is looking for and which one do I put on the I-864? Taxes are defiantly not my forte.  I really need to get more educated on taxes. Thank you so much for your help. 

Line 22: $21,070

3 hours ago, jcon91 said:

I think I understand now. One of my parents should use form I-864 and the other should use form I-864a. They are joint fillers since they both have the same income from the business they own. Does this still apply?

One will be a joint sponsor and the other will use a household member agreement.

[pushbrk 12,106]

4 hours ago, jcon91 said:

I looked at my line 22 and it says 21,070. I then look at my gross income and it says 19,581. I'm sorry but i'm a little confused. Which number is the one that the CO is looking for and which one do I put on the I-864? Taxes are defiantly not my forte.  I really need to get more educated on taxes. Thank you so much for your help. 

They look at line 22 on a 1040.

[JJ89 13]

1 hour ago, pushbrk said:

They look at line 22 on a 1040.

federal poverty guideline is $20,575. My total income on my form 1040 is line 22 is 21.070. I'm nearly 500 dollars over. Do you think I should be the only sponsor, or still get my parents to sponsor just to play it safe? 

[geowrian 22,335]

3 minutes ago, jcon91 said:

federal poverty guideline is $20,575. My total income on my form 1040 is line 22 is 21.070. I'm nearly 500 dollars over. Do you think I should be the only sponsor, or still get my parents to sponsor just to play it safe? 

I'd get a joint sponsor...that is very borderline on the minimum requirement to be a qualified sponsor.

[JJ89 13]

3 minutes ago, geowrian said:

I'd get a joint sponsor...that is very borderline on the minimum requirement to be a qualified sponsor.

Thank you. I will get them to sponsor as well. I see that I can also add projected income from this year even if I did not file my 2018 taxes yet. I will be making more this year. I have all bank deposits from January 18 up until November 18. The appointment is in December, so I will have all months pay but one. I'll submit those too. 

Edited October 25, 2018 by jcon91

[pushbrk 12,106]

5 hours ago, jcon91 said:

federal poverty guideline is $20,575. My total income on my form 1040 is line 22 is 21.070. I'm nearly 500 dollars over. Do you think I should be the only sponsor, or still get my parents to sponsor just to play it safe? 

Play it safe.

[JJ89 13]

28 minutes ago, pushbrk said:

Play it safe.

I think I may have made a huge mistake on the entire application.

 

For some background my wife and I met in Colombia. She is from Venezuela but went to Colombia because she has dual nationality and it was a better place to be then Venezuela. She was there for 5 months. We had originally applied for the K1 visa. We used rapid visa for that and for some reason they put that she was there for 6 months. So on the k1 visa application, it says she was there for 6 months in Colombia. And on the CR-1 application I put she was there for 5 months. I did this without checking the dates to make sure they are in accordance on both the k1 app and cr-1 app. We are going to get a police cert from Colombia just in case there ask for it, but will this be a problem? 

 

Another big one. My wife and I went from Colombia to Ecuador and we were in Ecuador as tourists for 5 months. Rapid visa told us that we had to put down that she was living in Ecuador even though she was there on a tourist visa, so we put that information on the k1 application. Months forward we get married and do the cr-1 instead. I put the same addresses from the k1 app on the cr-1  app so there will not be conflicting info. So she has an address for living in Ecuador for 5 months even though she was there as a tourist.

 

Now fast forward to today. I'm doing the ds-260. It is asking for me to put the addresses where my wife has lived at previously. The instructions clearly say not to include hotels or places that she lived at temporarily. The I-130a form has her living in Ecuador for 5 months, and now I cannot put that into the DS-260 since that come to find out is classified as a temporary home. Where do I even go from here? Thank you for all of the help. 

[NikLR 13,220]

Did she recieve mail there? Did she have another address? If not then include it. 

[JJ89 13]

55 minutes ago, NikLR said:

Did she recieve mail there? Did she have another address? If not then include it. 

Thanks for the response. She did not receive mail there. It was a hotel we were living at. Basically an Airbnb. There were also other airbnb's we stayed at. I'm really confused now since on the i-130a we did not list these. AT the time we though it would just take up too much space, but looking back its was a TERRIBLE idea.  We are thinking that she should take proof of these addresses from Airbnb with her to the consulate in case she is questioned.

Edited October 26, 2018 by JJ89