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fem_femme

I-864 Affidavit of Support HELP!

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Hi guys. I petition for my husband living overseas CR1. I have a problem with the affidavit of support now and I am so worried!!!! I am currently a paralegal student, so my income is through a rental (it is considered untaxed income) where I am making $10,000/year after the property taxes etc are taken out of the total $20,000 income shown on taxes. Obviously, with $10,000 income, I can not sponsor my husband. My property is in a revocable trust in my name, and I owe it alone without a mortgage. The current price is $650,000. I also have $12,500 in my checking account. I do live with both parents who are retired and their joint retirement pension income is $22,500. My question is what to do without adding anyone outside of my family? Can I handle this myself with the money in my checking account and with the $650,000 asset I own in addition ot the rental income I am getting? I heard that assets are scrutinized, self-employment and such are also not well taken unless it is W2 income. Since my parents live with me I am not sure if a retirement pension will work for the government on I-864, so has anyone included a pensioner in their I-864? Plus correct me if I am wrong but wouldn't their $$$ still not be enough for me to meet the CR1 requirement? I also heard that even if you meet the minimum requirement you can get denied? This is more worrisome for me because even if I end up at $22,000, that means that they can just deny the petition at NVC/consulate level? Can someone knowledgeable about this part of the petition advise me, please? How can I proceed with what I have?

 

Also, I MIGHT be wrong because I do not know anything about taxes, but that $20,000 income from a rental I am reporting, will the government consider that $20,000 total income as is or will they take into account the $10,000 that I am left with after the property taxes etc, because my accountant has included my property tax payments in my taxes, which then shows minute $10,000 (approx) a little below the form. So how will the government look at my taxes? I'm so sorry but taxes confuse me lol and I was hoping that the government just takes into consideration what comes into your pocket and not what is left after my property payments. PLEASE advise because I really need some assistance with this part, I am lost.

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Your income is $10,000.  Get a job or a qualified joint sponsor.  Equity inside a trust is not "Liquid" by the definition you'll see in the I-864 instructions.  Become an A student of those instructions.  Doing so will be absolutely critical to your ultimate success.

 

 


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9 hours ago, pushbrk said:

Your income is $10,000.  Get a job or a qualified joint sponsor.  Equity inside a trust is not "Liquid" by the definition you'll see in the I-864 instructions.  Become an A student of those instructions.  Doing so will be absolutely critical to your ultimate success.

 

 

 

Thank you!!! I was just told that if my house is in my name but in a family trust...it basically reads revocable "A.K. family trust" and im the beneficiary and the executor, that $10K income I mentioned is the trust income and not mine because my income is through that trust house. Some random person told me this, so it was not an expert opinion and I was wondering if you agree? If this is true then I am left with my parents' social security which jointly is $22,500/year...not enough, but will this other scenario work for example if:

1) I use my retired parents for $22,500 who live with me and then my own $17,000 bank checking account? So I will just present my checking account money and parents' social security income tax return. They file jointly, so does this mean that if I use them, I am required to use their tax income jointly or can I use either parent instead depending on which way I decide? I will just go this route instead since my trust home won't be counted, unfortunately. I just need to know if my parents' joint tax filing has to be shown jointly on affidavit of support application or I can just use my dad instead because he gets more social security $ than my mom, so it would be better for me to keep it between my dad, me and my husband, but I'm conflicted regarding his joint tax filing.

2) I can just show bank $ and that's it and how much would be very good? $25K? $27K? Assuming I don't even use parents? I can deposit more $ into my account to make it $20K+, my parents will loan me cash to deposit if needed. The alternative route is if I show $21,137 in the bank and file myself as that's the very minimum to show for the cr-1 affidavit for two, BUT I also heard that minimums get scrutinized. 

 

Could you please advise me on this part you seem very knowledgeable and I need to make a decision within two days the most what to do. Which way would work in this situation for me the best? 

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Posted (edited)

I wanted to mention one thing regarding what someone said that I don't make anything not even $10K since he thinks it would be considered as business income and trust income not mine. It kind of makes sense and does not to me. that $10K is my own tax return not "A.K. family trust" even though shoes it was rental income. So perhaps I am actually making $10K and it wouldn't be considered as business income of the trust? This will make a difference to me but I wanted to double check. You mentioned that I am making 10K and not the $20K that is reported before property and other expenses. So if indeed I am making that $10K and not the "trust' that's making that $10K as business earning, then I can still use that $10K, my cash and be ok since I will deposit more cash into my account. I just want to understand if one rents out a property they live in and the property is in their name but as a AK family trust, is it ME as an individual making the $ or the trust is making the money because I am the grantor and trustee. Like I had mentioned, family trust is not written in my income taxes and I have been renting out the property for 2 years now.

 

Just found this online: 

  • Taxes — The trustee reports all income generated by trust assets and pays tax on any undistributed income as well as capital gains realized by the trust. In addition, the trustee informs beneficiaries of the amounts that they must report on their personal income tax returns as a result of trust distributions.
Edited by fem_femme

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Posted (edited)
50 minutes ago, fem_femme said:

Thank you!!! I was just told that if my house is in my name but in a family trust...it basically reads revocable "A.K. family trust" and im the beneficiary and the executor, that $10K income I mentioned is the trust income and not mine because my income is through that trust house. Some random person told me this, so it was not an expert opinion and I was wondering if you agree? If this is true then I am left with my parents' social security which jointly is $22,500/year...not enough, but will this other scenario work for example if:

1) I use my retired parents for $22,500 who live with me and then my own $17,000 bank checking account? So I will just present my checking account money and parents' social security income tax return. They file jointly, so does this mean that if I use them, I am required to use their tax income jointly or can I use either parent instead depending on which way I decide? I will just go this route instead since my trust home won't be counted, unfortunately. I just need to know if my parents' joint tax filing has to be shown jointly on affidavit of support application or I can just use my dad instead because he gets more social security $ than my mom, so it would be better for me to keep it between my dad, me and my husband, but I'm conflicted regarding his joint tax filing.

2) I can just show bank $ and that's it and how much would be very good? $25K? $27K? Assuming I don't even use parents? I can deposit more $ into my account to make it $20K+, my parents will loan me cash to deposit if needed. The alternative route is if I show $21,137 in the bank and file myself as that's the very minimum to show for the cr-1 affidavit for two, BUT I also heard that minimums get scrutinized. 

 

Could you please advise me on this part you seem very knowledgeable and I need to make a decision within two days the most what to do. Which way would work in this situation for me the best? 

No, that won't work.  Your checking account is an asset, not "income".  The income needed for a household of four is roughly $33,000.  Your 17k, could at most be used to replace 1/3 of 17k or $5,667.  That pluse your parents' social security income is only $28,167.

 

BECOME AN A STUDENT of those instructions.  Interpret them "LITERALLY".  To do so you must KNOW the difference between "INCOME", and "ASSETS".  Stop interpreting "conveniently".  You need a job or a QUALIFIED joint sponsor.  If you'll study those instructions, you'll understand why.

 

I presume you have somebody filing your tax returns who knows how to handle the income from your trust.  Your "income" is what is shown as "total income" on the 1040 or Adjusted Gross income if it is a 1040EZ.  (The short form)

Edited by pushbrk

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3 minutes ago, pushbrk said:

No, that won't work.  Your checking account is an asset, not "income".  The income needed for a household of four is roughly $33,000.  Your 17k, could at most be used to replace 1/3 of 17k or $5,667.  That pluse your parents' social security income is only $28,167.

 

BECOME AN A STUDENT of those instructions.  Interpret them "LITERALLY".  To do so you must KNOW the difference between "INCOME", and "ASSETS".  Stop interpreting "conveniently".  You need a job or a QUALIFIED joint sponsor.  If you'll study those instructions, you'll understand why.

 

I presume you have somebody filing your tax returns who knows how to handle the income from your trust.  Your "income" is what is shown as "total income" on the 1040 or Adjusted Gross income if it is a 1040EZ.  (The short form)

2

Thank you sir. The tax preparer is not versed with I-864 unfortunately. I did read the instructions before but there are still nuances that I was confused about and that is why I here trying to get help and direction as to how to proceed because everything else is good. So you are saying that the previous random person who said that the $10K tax return income at the end (after paying my rental income expenses like property tax etc from $20K) isn't even considered mine if my home is in a trust then that is not correct, right? You said that $10K is mine, which changes the scenario then. In that case, can I use my tax return of that $10K, then show my $17K asset or even more because I can deposit more $. In that case, this can work if I significantly above the minimum if petitioned myself?

 

Also, I wanted to know if let's say I decide to use parents and they are filing joint taxes, can I use my dad only regardless of their joint tax filings and returns? I can use my dad's portion of tax returns, my $10K and $20K+ checking account $ or even more? Will this work?

 

If I quit my school now to get a job, I'm going to fail and with work, I won't have time go back not to mention my husband has personal issues overseas (not legal or anything) financial issues and he wants to get out of there asap. My concern now is whether that $10K will be counted as MY income and not the trust's business income as that one person scarred me earlier. This is why I need some advice as to the best way to proceed assuming that $10K will be considered by the government as my income and won't toss it away. 

 

Another option, if I opt-out, if both parents sponsor him as house members with their $22,500 and show around $15,000 or so assets in checking account for a household of 3 (parents and husband)? Will I be excluded from the list or will I be counted as a dependent if I am not working although earning $ from this property? I really would appreciate your help please. I'm desperate to see which way would work best. 

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Read those instructions again.  

 

Your tax person need not know anything about the I-864.  LOOK at YOUR PERSONAL tax return total income line.  If it shows income then that is YOUR income.

 

No you cannot just use your dad.  I'm not going to do your math for you.  Use the total household income for all three of you, then divide all the liquid assets by three.  Add that to the total income for all three of you and compare that to the income requirement on the latest I-864p for a household of 4.

 

 


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1 minute ago, pushbrk said:

Read those instructions again.  

 

Your tax person need not know anything about the I-864.  LOOK at YOUR PERSONAL tax return total income line.  If it shows income then that is YOUR income.

 

No you cannot just use your dad.  I'm not going to do your math for you.  Use the total household income for all three of you, then divide all the liquid assets by three.  Add that to the total income for all three of you and compare that to the income requirement on the latest I-864p for a household of 4.

 

 

OK that helps thanks so much!!! This is why I should ask questions since I panicked hearing about my $10K not being considered earlier. While you were writing and being helpful, my dad had called his friend who files jointly with his wife. They had previously sponsored his mom and his brother, but his mom is now a US citizen, so the sponsorship obviously ended for her, but not the brother. My dad's friend just told me that their son is on their taxes (he is 17 or 18) as a dependent though, so my very last question since the situation just change now is whether their son also is included the in affidavit of support when they government sees the taxes? I think they both haa ve high income so the brother being sponsored still won't affect the minimum requirement when adding my husband too, but I am not sure how their own son who is on their taxes might affect the situation. They make around $80K from what I remember but could be slightly less. I just hope their dependent son won't be an issue as he is added as another dependent on their income. If this works out it would be the best option for me as you already see. 

 

I just used the rapid visa calculator: Could you please just glance below where it says "Number of people being sponsored" I put just one now since their brother was already sponsored a few years back so he is already being sponsored and I think the question was about nex sponsorship, and for "household size before petitioning" I put 4 people as in my dad's friend, the wife, the son and their brother who lives separately though. The mother lives with them, but she's a US citizen and retired, and I think she shouldn't be counted in this calculation, right? So I got the below # as a minimum requirement for 4 person household. If it is a joint sponsorship, do I still file my own tax return of $10K and present my $12,500 bank assets? I am starting to feel relieved now after this phone conversation as I freaked out since this morning starting from my $10K not being considered. 

 

$37,712
is the minimum income requirement in the following situation.
Petition Type: CR1/IR1 Spousal Visa
Number of Alien(s) Being Sponsored: 1
Military: Non-military
Sponsor's State: California
Household Size Before Petitioning: 4

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Posted (edited)

What you wrote is too convoluted to follow.  Are you now thinking of using this "Dad's friend" and HIS wife as "Joint Sponsors"?  That will work just fine, but it looks like their household is Husband, wife and son, plus previously sponsored person.  If that is the case, then yes, you have the required minimum income properly calculated.  

 

You file an I-864 with a household of two and state only YOUR income. You can state your assets to but they are not added to your income.  Just state them where requested.  Dad's friend provides an I-864 as joint sponsor with his wife providing an I-864a as household member.  The couple's current income is stated separately and added together.  They tax return information will be exactly the same on both of their forms.

 

With clearly sufficient income, Dad's friend and his wife can leave the asset sections blank on their forms.

 

Edited by pushbrk

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Understanding the big picture is priceless. Anonymous

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