Affidavit of support

[Just Paul 4,591]

3 minutes ago, Gojo said:

Ok so myself, my 15 year old and my migrating spouse would be 3 people in household? Do I count my husband that I’m trying to migrate to US as part of the household?  Making it 3? Or is it 2?... just me and my son?

Yes 3

[Bengoj 133]

Thanks for everyone’s response. I also want to know if my gross distribution for my 401k withdrawal can be counted as income?  

[aaron2020 11,651]

1 minute ago, Gojo said:

Thanks for everyone’s response. I also want to know if my gross distribution for my 401k withdrawal can be counted as income?  

No.  It's not ongoing income.  It's a one shot deal.  The I-864 financial requirements is based on the totality of circumstances.  One time income will not count.  

[Bengoj 133]

What about rental income. I have rented the basement in my home for 11 months in 2018 and still renting it out. Can that income be counted?

[Bengoj 133]

I’ve been working for a small law firm that has been paying me by personal check

[aaron2020 11,651]

7 minutes ago, Gojo said:

What about rental income. I have rented the basement in my home for 11 months in 2018 and still renting it out. Can that income be counted?

Sure, if you declared it on your tax return and have a rental lease.  If you don't have a lease or are not reporting the income to the IRS, then you can't count it.  

[aaron2020 11,651]

6 minutes ago, Gojo said:

I’ve been working for a small law firm that has been paying me by personal check

Are you an employee that they are reporting to the IRS and will receive a W-2?  Or are you a contractor who will get an 1099?   Paying you by check is irrelevant.  You can only use this income if you get a W-2 or 1099.  Furthermore, this income will need to be on your tax return.  

[Bengoj 133]

I should be getting a 1099 from law firm. This year has been difficult because I’ve been traveling to see my husband in his country. Prior to 2018 I was working full time and permanently. I got payed off from the law firm and started collecting unemployment in 2018. This year, 2019, I have started working again full time permanently with another company. 2018 is really messing me up with my income.  Other years prior,  my earnings were much higher than in 2018. 2018 has been a bad year financially due to that lay off. 

[Bengoj 133]

Hopefully they can count my unemployment for those last 3 months in 2018. 

[Just Paul 4,591]

Rentals & 401k?   Fill out the asset section and you might, or also, qualify that way.

[Bengoj 133]

Thank you!  Where is the asset section?  Is it on the i864?

[nastra30 1,991]

12 minutes ago, Gojo said:

Thank you!  Where is the asset section?  Is it on the i864?

Yes, it is. 

[geowrian 22,335]

5 hours ago, Gojo said:

I also want to know if my gross distribution for my 401k withdrawal can be counted as income?  

No, but the net value of the plan can be considered an asset.

 

5 hours ago, Gojo said:

I’ve been working for a small law firm that has been paying me by personal check

Once you claim that income on your taxes. For self-employment income, they will use taxes as the basis to determine the current income from that source.

5 hours ago, Gojo said:

Hopefully they can count my unemployment for those last 3 months in 2018. 

Only if you are still receiving it. If you are not receiving income from a source, then it is no longer part of your current income.

 

For example, somebody who is employed for the first 9 months of a year then gets laid off has a current income of $0.

[Nitas_man 3,100]

11 hours ago, Gojo said:

Hello. On my affidavit of support do I have to include my son that is not in my household?  He currently lives with his father from a previous relationship and is attending school where his father lives at. His father has full custody and claims him in his taxes for the past 3 years. Does my son have to be included in my AOS?

Yes

[Nitas_man 3,100]

6 hours ago, Gojo said:

The last part states I may exclude any unmarried children under 21 if these children reached majority under the law of their place of domicile and I do not claim as dependent on federal tax return “... which I don’t. I don’t claim on my tax return. His father does. So I still have to add him?  

You have to add him NO MATTER WHAT (no matter where he lives or who supports him) if he is under the age of majority (usually 18)

 

 

If he is over 18 and not on your tax return as a dependent then he is not included in your household

Edited January 27, 2019 by Nitas_man