Question about current income requirement/working status

[fezthefez 18]

Hey all, we're about to file for AOS and just want to make sure I'm doing this correctly.

 

I have been unemployed by a company since March of this year, however I have received unemployment payments and have also run my own business on the side.

With both amounts combined plus what I made from Jan-Mar from the company I meet the income requirements (by far) for this year, however how should I mark my current status? Unemployed, self-employed? Should I include all bank statements from this year that show both incomes? Again, I don't have an official business entity set up.

 

We're also $1000 short on last year's income for 125% of poverty level, so we're including our cash assets to make up the difference. Should I include checking/savings statements for both me and my wife for these?

I actually made well over the requirement last year, but about $14k was from foreign earned income since I was living abroad. I guess there's no way to use this? It's not included under "total income" due to it being deducted.

 

Thank you in advance!

[Boiler 45,670]

You have to meet your tax obligations and meet current income requirements so what you earned January to March is irrelevant as the tax year has not come to an end.

 

Sounds like you need a joint sponsor.

[fezthefez 18]

7 minutes ago, Boiler said:

t your tax obligations and meet current income requirements so what you e

Right, but from what I understand 'current income' is an estimated total income for this year, i.e. to be over 125% of the FPR. I'm actually making over $2k a month from unemployment now, and plus when it runs out (not sure exactly when yet) I'll be pulling in enough from my own business.

 

So doesn't that meet the requirement? Sorry, not trying to be difficult, just don't want to apply with a joint sponsor if I'm already meeting the requirements.

[fezthefez 18]

Anybody else have insight on this one?

[Ayrton 965]

4 hours ago, fezthefez said:

Anybody else have insight on this one?

 

Just to clarify. Current income is not a prediction of the income you received/will receive this year.

 

Current income is the income you would receive in a period of 1 year (12 months/52 weeks) based on the income you're receiving right now. So if you already made 30k this year but lost your job last month, it doesn't matter how much you made, you are ineligible to be a sponsor now.

 

So my opinion on this is that your unemployment won't be considered as income by the officer. Unemployment benefits only last a certain number of weeks, so how can you guarantee that you're still eligible after the unemployment ends? 

 

To me, you're considered unemployed now, since the previous years you had w2 income, it's gonna be hard to prove self employment income now. 

 

I don't think there's another way to make this work unless you get a joint Sponsor.

Edited September 8, 2020 by Ayrton

[Sweetdreaming 397]

your income has to be seen as likely to continue for the forseeable future AND reasonably assumed you will continue to make the same type of money over the next 10 years to cover the obligations of the i-864. Seeing as its unemployment income this is not the case.