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lonesurvivor

Made enough money in 2018 to sponsor wife, switching to self employment

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Hi,

 

This is a confusing situation so bear with me. My fiance and I are getting married this Monday and we were 100% ready to file for AOS. I made more than enough money to sponsor her and just submitted my 2018 taxes to prove. However, my job is in limbo right now and I may have to switch to a form of self employment soon. This form of self employment was shown on my 2017 taxes, as it was my previous form of employment before my current job, so I do know that I will be successful at it and will make enough money to sponsor her. 

 

However, my question is, how do I show this? I planned on applying in the next month or so as her visa expires in June, but I will potentially be out of my current job at this time (or within the next couple months) While only working self employed. Is this possible? If I show my 2018 return, but obviously I will no longer have a current employer to write a letter to vouch for my employment, how do I go about this? Is it even possible to apply when I just finished one job and moved onto self employment, without much to show for it currently? 

 

Another thing to note is that while at my current employment, I did make some money from this form of self employment on the side in 2018, but obviously not enough to be over the 125% poverty line, as it was a side job at the time.

 

Thanks so much for any help, this forum has been a blessing

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Sounds like  Joint Sponsor may be the way to go.

 

Is your to be wife working?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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The K1 visa expires the day she enters the US

You may be lucky and have good 2018 tax returns to sponsor her

If you have to show 2019 at the interview ,  then you may need cosponsor

hard to say without knowing your specifics

only you can answer that

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Posted (edited)

Here's what I'd do. 

 

You're currently employed, correct? If you're currently employed when you submit AOS, put your current employment down on the forms. Your 2018 is fine, submit the W2s, and recent pay stubs. So I'd aim to submit the AOS as soon as you can, just in case. 

 

When your interview comes around, reevaluate. 

 

If you do lose your job by then, and your self employment income is fine anyway, you're fine. 

 

If you do lose your job by then, but your self employment income is not enough, will your wife be working by then? You can include her income in the household. If you together will be making enough, you're fine. 

 

If you do lose your job by then, and you two together don't make enough, then line up a joint sponsor. 

 

In either scenario, for the interview, fill out a new I-864 and bring it with you. If asked if your financial situation changed, give them the new form. 

 

Right now, I don't see any reason to hypothesize on the forms that you might not be making enough in the future. USCIS doesn't accept hypothetical future income from jobs, you shouldn't have to submit hypothetical lack of income in the future either. 

Edited by eckoin

Adjusting from TN to GC as spouse of USC

2015-11-23: Last TN received at CBP

2017-06-12: Married

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-24: Biometrics appointment

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-09-21: EAD and SSN received in the mail

2018-10-11: Case is ready to be scheduled for interview

2018-10-31: Interview is scheduled

2018-11-21: TN expired

2018-12-11: AOS Interview - approved 

2018-12-18: Green Card received

------------------

2020-12-11: Conditional green card expires 

 

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