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Fidel

Got a joint sponsor (merged)

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Filed: IR-1/CR-1 Visa Country: Nigeria
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On 2/23/2021 at 8:11 AM, Fidel said:

OK house thanks for your contribution so far. We finally got someone that us ready to be a joint sponsor.. He makes 38000$ in 2019.but the issue is he has a girlfriend that lives with him with 3 kids but he said he only claim 2 dependent out of tge 3 kids and his girlfriend claim the remaining one. Here is what I want the house to put me through 

1, is it normal to claim 2 dependent when you have 3 kids 

2. Claiming 2 dependent does that mean 3household 

3. Is that income enough for 3 household 

It is hard to get a joint sponsor now and this is the only person that is ready to be our joint sponsor 

@Paul & Mary @JeanneAdil and others please enlighten me on this 

Edited by Fidel
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Filed: IR-1/CR-1 Visa Country: Nigeria
Timeline
On 2/23/2021 at 8:25 AM, Coco8 said:

If he is not married, then maybe he is claiming only 2 children because the third one is not his biological child?

 

You should keep writing in your original threat. Now there is missing information about your case. I'm not sure 38,000 is enough, because of missing information.

@Coco8what missing information are you referring to 

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Filed: IR-1/CR-1 Visa Country: Nigeria
Timeline

We got a joint sponsor my wife is willing to use to sponsor me but I'm having a doubting he didn't meet the poverty guidelines. He earned 36000$ in 2019..self employed but where we are having problem is counting of household. 

He has a girlfriend with 4kids... How many household is this with intending immigrant? 

2. He only claimed 2 of the kids on his tax and his girlfriend claim the other 2  does it mean his household is just 3 excluding other two kids he didn't claim on his tax 

3 do we have to go by the kids he claimed on his tax to calculate the household 

 

Please someone should help out as we don't want to make the any mistake again. 

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6 hours ago, Fidel said:

We got a joint sponsor my wife is willing to use to sponsor me but I'm having a doubting he didn't meet the poverty guidelines. He earned 36000$ in 2019..self employed but where we are having problem is counting of household. 

He has a girlfriend with 4kids... How many household is this with intending immigrant? 

2. He only claimed 2 of the kids on his tax and his girlfriend claim the other 2  does it mean his household is just 3 excluding other two kids he didn't claim on his tax 

3 do we have to go by the kids he claimed on his tax to calculate the household 

 

Please someone should help out as we don't want to make the any mistake again. 

~Yet another topic on the same issue merged. OP you will only ask questions about AOS/joint sponsor in the topic. You will not be starting any new topics on this matter. ~ 

ROC 2009
Naturalization 2010

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Filed: Timeline

Read the instructions for the form.

 

They explain how to calculate household size. You count ALL your children under age 18 and any children between the ages of 18-21 (unless they are married or you dont claim them on your taxes),  regardless of whether or not you claim them on taxes or if they even live with you. 

 

Sounds like your joint sponsor has 4 children but is not married and all the children are under 18. His household size would be 6, him + 4 kids + immigrant. You also said he is self employed which is different (harder) to establish income. He must have at least 1 year of tax returns showing his income. For self employed people their income is whats left after all the business expenses are paid. For household size of 6 you need 35,160 so his stated income of 36,000 is barely enough. You need to make sure that 36k is what he was actually left with and not the amount he initially earned Tax returns can be complicated in the US for self employed individuals so he may have a variety of forms filed with his taxes. He needs to include all of it with the 864 as well as a current profit/loss statement or explanation of his job/income/pending contracts. It really depends on what type of work it is. 

 

You should also be aware that often self employed people 'get creative' with their tax returns- meaning they deduct expenses they shouldnt have or the opposite leave off things they could have deducted to get themselves into the 'sweet spot' where they qualify for tax credits. The Embassy is well aware of this and will look through his tax return with a fine tooth comb when evaluating whether the income is stable and accurate representation of how much he realistically earns. Because you mention he only counts 2 of the children and the mother claims the others and they are not married its very likely they are doing so to minimize tax burdens and/or maximize tax benefits. Thats perfectly legal but if so -as I said it may mean his income wont qualify as they may view it as 'too modified' and he is right at the poverty guidelines as it is. 

 

I would suggest you keep looking for a joint sponsor and use this guy as a last resort (if he even does qualify after counting his correct household size and tax return numbers). You are going through a difficult Embassy and there seems to be an age gap so its expected they are going to be tough on you and will use any legitimate reason they can to deny you. A borderline qualified sponsor may be rejected at their discretion.

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Filed: IR-1/CR-1 Visa Country: Nigeria
Timeline
3 hours ago, Villanelle said:

Read the instructions for the form.

 

They explain how to calculate household size. You count ALL your children under age 18 and any children between the ages of 18-21 (unless they are married or you dont claim them on your taxes),  regardless of whether or not you claim them on taxes or if they even live with you. 

 

Sounds like your joint sponsor has 4 children but is not married and all the children are under 18. His household size would be 6, him + 4 kids + immigrant. You also said he is self employed which is different (harder) to establish income. He must have at least 1 year of tax returns showing his income. For self employed people their income is whats left after all the business expenses are paid. For household size of 6 you need 35,160 so his stated income of 36,000 is barely enough. You need to make sure that 36k is what he was actually left with and not the amount he initially earned Tax returns can be complicated in the US for self employed individuals so he may have a variety of forms filed with his taxes. He needs to include all of it with the 864 as well as a current profit/loss statement or explanation of his job/income/pending contracts. It really depends on what type of work it is. 

 

You should also be aware that often self employed people 'get creative' with their tax returns- meaning they deduct expenses they shouldnt have or the opposite leave off things they could have deducted to get themselves into the 'sweet spot' where they qualify for tax credits. The Embassy is well aware of this and will look through his tax return with a fine tooth comb when evaluating whether the income is stable and accurate representation of how much he realistically earns. Because you mention he only counts 2 of the children and the mother claims the others and they are not married its very likely they are doing so to minimize tax burdens and/or maximize tax benefits. Thats perfectly legal but if so -as I said it may mean his income wont qualify as they may view it as 'too modified' and he is right at the poverty guidelines as it is. 

 

I would suggest you keep looking for a joint sponsor and use this guy as a last resort (if he even does qualify after counting his correct household size and tax return numbers). You are going through a difficult Embassy and there seems to be an age gap so its expected they are going to be tough on you and will use any legitimate reason they can to deny you. A borderline qualified sponsor may be rejected at their discretion.

Thanks for your reply... I really appreciate..this joint sponsor keeps saying his household is 3.. Which is him and the two kids he claimed on his tax return. Though 4kids leave with him and his girlfriend, 3 out of this kids is his, he claimed two on his tax return and his girlfriend claimed the other two... After reading your reply todaye and my wife decided not to use him and he is our only hope as we don't have any other joint sponsor.. If we are to go by dependent on his tax, then he meets the guidelines but since you said we have to count the 4kids that leave with him which makes it 6 household with the intending immigrant... His income won't be enough and we do the really wanna risk it as we Lagos consulate is not a beans.. Thanks 

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Filed: Timeline

So he only has 3 kids (biologically or adopted)? Page 7 is about household size. He would claim himself, the immigrant, and his 3 children. Item 1 is 1 immigrant. Item 2 is himself, item 3 is 0 no spouse,  Item 4 should be 3 as he has 3 children under 21, doesnt matter if he claims them or they live with him. The rest of the items are all 0 as N/A. 

 

BTW his household size may be 3 for certain purposes, household size is not a uniformly applied term, for 864 purposes household size is computed based on the instructions provided which adds up to 5 , for tax purposes or a loan they may say he is size 3. 

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