RFE, joint sponsor doesn’t qualify can I use my petitioner (husband) [merged topics]

[carmel34 3,531]

He needs to follow the instructions for the I-864 very carefully.  It clearly states what to do in cases of self-employment, to calculate "total income," which will come from Schedule C of the 1040 tax return for the most recent tax year, or an IRS tax transcript which will show the same information from Schedule C, income from self-employment.  For current income, he can estimate this for the current year and attached any evidence he has to convince the officers that it is valid, such as contracts, 1099s, retirement income payments, bank records showing deposits, etc.  Your husband should be the one figuring this out since he needs to fill out and sign the I-864.  Good luck!

[Sara & Kevin 14]

6 minutes ago, carmel34 said:

He needs to follow the instructions for the I-864 very carefully.  It clearly states what to do in cases of self-employment, to calculate "total income," which will come from Schedule C of the 1040 tax return for the most recent tax year, or an IRS tax transcript which will show the same information from Schedule C, income from self-employment.  For current income, he can estimate this for the current year and attached any evidence he has to convince the officers that it is valid, such as contracts, 1099s, retirement income payments, bank records showing deposits, etc.  Your husband should be the one figuring this out since he needs to fill out and sign the I-864.  Good luck!

what you are saying is the oposit of what the person above has said.... 

My husband has no way of knowing what he will actually bring home this year.. he is self employed and his income is very different every year.. He has high deduction at the end of the year and tehre is no way of showing current.. plus he works for himself that means he get’s not 1099s 

i don’t understand why is so different..

[geowrian 22,335]

Those forms are what is says to include with the tax return or transcript. That's a separate requirement from the question about annual income, although the numbers should obviously be in line with what's on the 1040 (along with any other factors) total income line.

 

As for current income, I've never seen an official source say to estimate self-employment income. The reason why W-2 workers use the 12 month period is that is how much they make in a year, whether the job starts in January, July, or December. If I start a job in December making $50k/year, my annual income is still $50k/year. For somebody who is self-employed, their annual income comes directly from the tax returns as anything earned in that tax year is only revenue until they claim it as income on their taxes.

 

Edit: That's not to say other evidence of the company's stability cannot be included for consideration, just that it is not current income yet.

Edited March 10, 2020 by geowrian

[Sara & Kevin 14]

3 minutes ago, geowrian said:

Those forms are what is says to include with the tax return or transcript. That's a separate requirement from the question about annual income, although the numbers should obviously be in line with what's on the 1040 (along with any other factors) total income line.

 

As for current income, I've never seen an official source say to estimate self-employment income. The reason why W-2 workers use the 12 month period is that is how much they make in a year, whether the job starts in January, July, or December. If I start a job in December making $50k/year, my annual income is still $50k/year. For somebody who is self-employed, their annual income comes directly from the tax returns as anything earned in that tax year is only revenue until they claim it as income on their taxes.

 

Edit: That's not to say other evidence of the company's stability cannot be included for consideration, just that it is not current income yet.

Yes! 

I am gonna send also proof my husbands buissnes is register and he has it already for 7years steady since he started it! all that together with Tax Transcripts and Tax returns

Thank you so much you were ver helpful!! 

[geowrian 22,335]

7 minutes ago, Sara & Kevin said:

Yes! 

I am gonna send also proof my husbands buissnes is register and he has it already for 7years steady since he started it! all that together with Tax Transcripts and Tax returns

Thank you so much you were ver helpful!! 

👍 Best wishes.

[Ryan H 3,791]

***Similar topics merged and posts in and posts in a thread started by another member removed; please do not start multiple threads on the same subject and do not hijack threads started by other members with questions about your own case.***

[TBoneTX 43,073]

An argumentative post has been removed.  Please stick to the topics of the thread.

[Sara & Kevin 14]

On 2/17/2020 at 5:44 PM, Villanelle said:

@Sara & Kevin

 

well what is it that you are planning on doing right now? fixing the joint sponsor issue? Or are you going to drop the joint sponsor and attempt to use just your husband?

 

Not to repeat too much of what was already said- but you understand your husband needs to submit the 864 regardless of whether or not he qualifies. If he doesnt qualify you need a joint sponsor. And when something is wrong with your paperwork you get a generic RFE stating they dont make enough because its a computer system. So if you send wrong paperwork the computer enters it as 0 and 0 = you do not have enough income. I dont know why they dont revise the RFE system for the 864. Ideally they should give you the exact reason its being rejected but if anything they could come up with a few generic most specific issues to list. Cause its just ridiculous how the current system leaves people to guess... Anyway....

 

Your main issue with this is USCIS does not send RFEs twice for the same issue. It seems like you sent (originally) your husbands 864 and a joint sponsors 864. You got an RFE for joint sponsor. (which means your husbands form was done properly but didnt qualify). So your RFE is for joint sponsor with enough income. You can send anything youd like as a response to the RFE. If they are not satisfied with what you sent though you will NOT get another RFE/chance to fix this. So this is your ONLY chance to respond. If you respond wrong you will be denied and need to send in a new AOS packet and pay all the fees again.

 

If you want to try to drop the joint sponsor thats fine, you can do that but I would advise against it. Theres a chance they will say your husband doesnt qualify based on his situation (its discretionary approval). And if he doesnt qualify they will not ask you a second time for a joint sponsor with sufficient income. So I would send husbands updated income and hopefully its approved but if not then at least they have the correct paperwork for the joint sponsor. So it becomes more of a question of why the joint sponsor was deemed insufficient. But Im not going to get into speculating about what the issue may be with that if you are only going to respond to the RFE with your husbands updated 864. 

 

You can search for threads on VJ about self employed 864. There are a few of them. Basically self employed people have to prove their income is stable and consistent. So you will want to send at least 3 years of tax returns. Many also send a letter in addition to current profit/loss statements. For your situation specifically how was his income prior to the year he showed 8k? If it was consistent and that was the only odd year you will want to show that - maybe include more years. Depending on what you send your husband may qualify but it could really go either way its going to be up to the Officer who reviews it. 

Thank you for your response! 

I do have a question tho.. I am getting mixed answears on the forum.. Regarding what to state on the “current individual annual income” on form I-864.  For a Self Employed person.

Some people are telling me out what you think he will make and some are telling me to put what he reported on his tax return for the most recent year (for us 2019) 

His income changes every year, he does have an estimate for his “groos income” but not after his deductions.. 

And both answears people have got aprproved no problem no matter what they wrote.. 

Do you have any input? 

Thanks

Edited March 13, 2020 by Sara & Kevin