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Posted

Attention! form 864 tax 1099 important detail.

 

Who going to apply 864 forms and working self employe such as 1099. They are not looking for your gross income. Look at the tax form Schedule C or C-EZ 

 

I found information on the internet. " if you are self-employed, you must  

include each and also every Form Schedule that you filed with your Federal tax return, such as Schedule C (Profit or Loss from Business), Schedule D (Capital Gains), Schedule E (Supplemental Income or Loss), or Schedule F (Profit or Loss from Farming)."

 

Now let's see what happened in my situation: I got mail. 

 

"income did not meet 125 percent "

 

Why We Are Writing 

You On June **, 2019, you submitted your I-485. We are writing to inform you that we need more information from you to make a decision on your case. Please read this letter carefully and follow all of the instructions below,

 

 What You Need To Do

 You must provide the following information in order for us to make a final decision on your case. Please include a copy of ALL pages of this letter with your response. 

 

  • Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioning sponsor, ***** *****, the income did not meet 125 percent of the federal poverty guideline for the petitioning sponsor household size. See Form I-864P for information on the Federal Poverty Guidelines. 

Obtain a qualifying joint sponsor who demonstrates the ability to support you or submit evidence of assets. See Form 1-864 Instructions for more information. If you decide to obtain a joint sponsor, you will need to: 

 

  • Submit a completed and signed Form I-864, Affidavit of Support, from the joint sponsor. All pages must be present and of the latest edition date. 
  • Provide the joint sponsor's Social Security Number on Form I-864 
  • Provide a complete and correctly calculated household size on Form I-864. 
  • Submit a complete copy of the joint sponsor's Federal income tax return and all supporting tax documents (W-2s, 1099s, Form 2555, and tax schedules) for the most recent tax year 
  • Submit evidence of the joint sponsor's status as a United States citizen, United States National, or Lawful Permanent Resident.

 

 

The "Total Income" line on IRS Form 1040 is used to determine qualifying income for a sponsor, not the "Gross Receipts" from IRS Schedule C or C-EZ 

 

If the petitioning sponsor or the joint sponsor is unable to meet the income requirements, they may qualify based on the cash value of their significant assets. Assets must equal the stated difference between the sponsor's income and 125 percent of the federal poverty guideline for the sponsor's household size.

  •  Assets must equal the difference for applicants filing as orphans. Assets must equal three times the difference for a spouse or child of a United States citizen. Assets must equal five times the difference for all others. Acceptable evidence of assets: Bank statements covering the last 12 months (statements will be averaged over a 12 month period) or a statement from an officer of the bank or other financial institution in which the sponsor has deposits, the account balance averaged over a 12 month period, and current balance; 
  • Evidence of ownership, value, and dates acquired of stocks, bonds, and certificates of deposit; 
  • Evidence of ownership, value/equity, and dates acquired of other personal property; 
  • Evidence of ownership, a recent licensed appraisal or county tax assessment, any mortgage/lien or lien release of any real estate, and dates acquired. 

 

For further instructions and the latest edition of Form I-864, visit the USCIS website at www.uscis.gov. See Specific Instructions and Specific Requirements listed in the Form I-864 instructions for complete information. 

 

When You Need To Do It 

You must send the requested information by mail to the address shown below by *****, 2020 

 

You must submit all of the requested evidence at one time. If you submit only part of the evidence, we will make a decision based on the evidence that you submit. We will not consider any evidence that is submitted after the due date. If you do not respond to this request by the date shown above, we will deny your case. 

 

 

If you submit a document in any language other than English, you must provide: (1) a copy of the original document in its foreign language; and (2) a full English translation of the document. The translator must certify that the translation is complete and accurate, and that he or she is competent to translate from the foreign language to English. 

 

We strongly recommend you keep a copy of all documents that you submit to USCIS in response to this request. 

 

Please include a copy of ALL pages of this letter with your response. 

 

 

I applied Form I-864 for my spouse. Im citizen. In the Schedule C $14K 

 

My question is; If i put money in my bank account now such as $30K-$40K is this going to help me?  

 

Number of people in your household for 2 person minimum $21,137 (2019) 

 

I need an extra $8K. I think I need three times more than this money. It's supposed to be $24K. Isn't it?

 

How they are going to count "Balance averaged over a 12 month period, and current balance"? Because I will put money a couple of weeks later.

 

Posted
27 minutes ago, BIR said:

 

 

Attention! form 864 tax 1099 important detail.

 

Who going to apply 864 forms and working self employe such as 1099. They are not looking for your gross income. Look at the tax form Schedule C or C-EZ 

 

I found information on the internet. " if you are self-employed, you must  

include each and also every Form Schedule that you filed with your Federal tax return, such as Schedule C (Profit or Loss from Business), Schedule D (Capital Gains), Schedule E (Supplemental Income or Loss), or Schedule F (Profit or Loss from Farming)."

 

Now let's see what happened in my situation: I got mail. 

 

"income did not meet 125 percent "

 

Why We Are Writing 

You On June **, 2019, you submitted your I-485. We are writing to inform you that we need more information from you to make a decision on your case. Please read this letter carefully and follow all of the instructions below,

 

 What You Need To Do

 You must provide the following information in order for us to make a final decision on your case. Please include a copy of ALL pages of this letter with your response. 

 

  • Based on the documents submitted with Form I-864, Affidavit of Support, for the petitioning sponsor, ***** *****, the income did not meet 125 percent of the federal poverty guideline for the petitioning sponsor household size. See Form I-864P for information on the Federal Poverty Guidelines. 

Obtain a qualifying joint sponsor who demonstrates the ability to support you or submit evidence of assets. See Form 1-864 Instructions for more information. If you decide to obtain a joint sponsor, you will need to: 

 

  • Submit a completed and signed Form I-864, Affidavit of Support, from the joint sponsor. All pages must be present and of the latest edition date. 
  • Provide the joint sponsor's Social Security Number on Form I-864 
  • Provide a complete and correctly calculated household size on Form I-864. 
  • Submit a complete copy of the joint sponsor's Federal income tax return and all supporting tax documents (W-2s, 1099s, Form 2555, and tax schedules) for the most recent tax year 
  • Submit evidence of the joint sponsor's status as a United States citizen, United States National, or Lawful Permanent Resident.

 

 

The "Total Income" line on IRS Form 1040 is used to determine qualifying income for a sponsor, not the "Gross Receipts" from IRS Schedule C or C-EZ 

 

If the petitioning sponsor or the joint sponsor is unable to meet the income requirements, they may qualify based on the cash value of their significant assets. Assets must equal the stated difference between the sponsor's income and 125 percent of the federal poverty guideline for the sponsor's household size.

  •  Assets must equal the difference for applicants filing as orphans. Assets must equal three times the difference for a spouse or child of a United States citizen. Assets must equal five times the difference for all others. Acceptable evidence of assets: Bank statements covering the last 12 months (statements will be averaged over a 12 month period) or a statement from an officer of the bank or other financial institution in which the sponsor has deposits, the account balance averaged over a 12 month period, and current balance; 
  • Evidence of ownership, value, and dates acquired of stocks, bonds, and certificates of deposit; 
  • Evidence of ownership, value/equity, and dates acquired of other personal property; 
  • Evidence of ownership, a recent licensed appraisal or county tax assessment, any mortgage/lien or lien release of any real estate, and dates acquired. 

 

For further instructions and the latest edition of Form I-864, visit the USCIS website at www.uscis.gov. See Specific Instructions and Specific Requirements listed in the Form I-864 instructions for complete information. 

 

When You Need To Do It 

You must send the requested information by mail to the address shown below by *****, 2020 

 

You must submit all of the requested evidence at one time. If you submit only part of the evidence, we will make a decision based on the evidence that you submit. We will not consider any evidence that is submitted after the due date. If you do not respond to this request by the date shown above, we will deny your case. 

 

 

If you submit a document in any language other than English, you must provide: (1) a copy of the original document in its foreign language; and (2) a full English translation of the document. The translator must certify that the translation is complete and accurate, and that he or she is competent to translate from the foreign language to English. 

 

We strongly recommend you keep a copy of all documents that you submit to USCIS in response to this request. 

 

Please include a copy of ALL pages of this letter with your response. 

 

 

 

I applied Form I-864 for my spouse. Im citizen. In the Schedule C $14K 

 

My question is; If i put money in my bank account now such as $30K-$40K is this going to help me?  

 

Number of people in your household for 2 person minimum $21,137 (2019) 

 

I need an extra $8K. I think I need three times more than this money. It's supposed to be $24K. Isn't it?

 

How they are going to count "Balance averaged over a 12 month period, and current balance"? Because I will put money a couple of weeks later.

 

Send the tax transcript as it contains all the information.

 

Where are you going to get $30-40K? Money suddenly appearing might look suspicious...

Filed: Timeline
Posted

I agree with the above. How are you getting 30-40k cash deposited in your bank account? Depending on your answer- for example sale of real estate, its usually ok to show a sudden deposit. You can not just 'borrow' the money just to elevate your bank balance. So you will need to provide an explanation of why it suddenly appeared. 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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