To get or not to get a joint sponsor?

[Lazy Monk 0]

Hello fellow VJers,

 

I'm going thru the process of bringing my spouse to the States and now we are at the stage of me submitting my I864, but since I didn't earn as much money in '20, would my '19 and '18 returns, that cross the national poverty threshold of 21,550 suffice or I would need a joint sponsor for only the year 2020? Since NVC requires the most recent tax returns. And would I need to provide information on 2020 taxes only or 2019 and 2018 as well?

And when I do get a joint sponsor for the last years' returns, what documents would I need from him to provide to NVC? Thanking you all for your sincere expert opinion in advance.

[arken 4,197]

What about your current income? That determines if you need a joint sponsor, not those prior years.

Edited May 6, 2021 by arken

[Crazy Cat 39,187]

For the I-864, You must prove current annual income. CURRENT income is king....not what you earned in the past.  Current annual income is calculated using a current pay stub.

Gross income for CURRENT pay period X number of pay periods per year (12 months) = CURRENT annual income

You MUST provide tax documents for the most recent tax year.  They will likely ask for 2020 tax year documents.  You can also include tax documents for the 2nd & third most recent tax years if you wish. The Consulate Officer will evaluate the entire financial picture and will then make a determination regarding your qualification eligibility.  Joint sponsors must provide the same information as the primary sponsor.

Edited May 6, 2021 by Lucky Cat

[Dashinka 23,202]

I agree, it all depends on current income.  If you do not meet the income requirements currently, then a joint sponsor will be needed, and they will have to submit the same evidence as anyone would who is filing an I864.

[Lazy Monk 0]

Thank you for the replies, my income for 2020 falls below $21,550, so I will definitely be needing a joint sponsor for it. I don't have pay stubs since I'm self-employed. So I'm only required to send them tax returns for 2020 along with my joint sponsors' 2020 returns in the form of official IRS transcripts? Returns from 2019 and 2018 are optional and not required from either one of us right?

[Boiler 43,396]

And your current income?

[Crazy Cat 39,187]

6 hours ago, Lazy Monk said:

Thank you for the replies, my income for 2020 falls below $21,550, so I will definitely be needing a joint sponsor for it. I don't have pay stubs since I'm self-employed. So I'm only required to send them tax returns for 2020 along with my joint sponsors' 2020 returns in the form of official IRS transcripts? Returns from 2019 and 2018 are optional and not required from either one of us right?

Did you read my post?   CURRENT income is king.....NOT what was reported on tax forms (except for sponsor who are  self-employed).  CURRENT income determines qualifications.  I also answered about 2018 and 2019 tax documents.  If you are self-employed, you probably do need a joint sponsor.  Good luck.

Edited May 6, 2021 by Lucky Cat

[Ayrton 965]

6 hours ago, Lazy Monk said:

Thank you for the replies, my income for 2020 falls below $21,550, so I will definitely be needing a joint sponsor for it. I don't have pay stubs since I'm self-employed. So I'm only required to send them tax returns for 2020 along with my joint sponsors' 2020 returns in the form of official IRS transcripts? Returns from 2019 and 2018 are optional and not required from either one of us right?

You're getting confused with the requirements. 

 

There's one requirement for CURRENT annual income. That's based on your payment per pay period. (For example, your current salary, or your hourly rate times 40x52). This is the number that's gonna be compared to the poverty line. Forget about tax return for this question.

 

The second requirement is for the total income line of your latest tax return. This number shouldn't be compared to the poverty line, unless you're self employed or you want to show that your current income has been consistent.

 

Now that you know the difference, what's you current salary or hourly rate?

[Wuozopo 4,285]

10 hours ago, Lazy Monk said:

Thank you for the replies, my income for 2020 falls below $21,550, so I will definitely be needing a joint sponsor for it. I don't have pay stubs since I'm self-employed. So I'm only required to send them tax returns for 2020 along with my joint sponsors' 2020 returns in the form of official IRS transcripts? Returns from 2019 and 2018 are optional and not required from either one of us right?

A self-employed person as yourself has to go with the tax returns.

Folks commenting on current income: He can’t determine income until the tax year has ended and he has determined his business deductions and profit or loss from a business on Schedule C and filed the return.

 

To the OP: your latest tax return is 2019 if signed and submitted to NVC prior to tax filing deadline of May 17.. Your [unknown] embassy could ask for a newer tax return, but they are not supposed to if submitted before tax due day.  But if you have already filed 2020 with the IRS, then it’s your latest. 
 

Your previous two years are indeed optional, but if they show good income, then it is to your advantage to send them. 
 

If you have a  joint sponsor, that person completes an I-864 as well and includes their most recent tax return and proof of US citizenship or LPR status. If their tax return is joint with a spouse, the total income is lumped together and your sponsor must clearly show his/her separate income qualifies with something like an employer letter, six months pay stubs, or their W2.
 

Alternatively, they may also write in the spouse as Person 1 (on their form) a household member who is contributing to the sponsorship. If doing that, Person 1 completes an I-864a supporting his spouse pledging use of his income toward sponsorship. The details are in the instructions for the I864 and I-864a. 
 

if your spouse has some savings, it can be used by you to bump you over the threshold. See the I-864 instructions and read the part about how the intending immigrant can help. 

 

Edited May 7, 2021 by Wuozopo

[Lazy Monk 0]

7 hours ago, Wuozopo said:

A self-employed person as yourself has to go with the tax returns.

Folks commenting on current income: He can’t determine income until the tax year has ended and he has determined his business deductions and profit or loss from a business on Schedule C and filed the return.

 

To the OP: your latest tax return is 2019 if signed and submitted to NVC prior to tax filing deadline of May 17.. Your [unknown] embassy could ask for a newer tax return, but they are not supposed to if submitted before tax due day.  But if you have already filed 2020 with the IRS, then it’s your latest. 
 

Your previous two years are indeed optional, but if they show good income, then it is to your advantage to send them. 
 

If you have a  joint sponsor, that person completes an I-864 as well and includes their most recent tax return and proof of US citizenship or LPR status. If their tax return is joint with a spouse, the total income is lumped together and your sponsor must clearly show his/her separate income qualifies with something like an employer letter, six months pay stubs, or their W2.
 

Alternatively, they may also write in the spouse as Person 1 (on their form) a household member who is contributing to the sponsorship. If doing that, Person 1 completes an I-864a supporting his spouse pledging use of his income toward sponsorship. The details are in the instructions for the I864 and I-864a. 
 

if your spouse has some savings, it can be used by you to bump you over the threshold. See the I-864 instructions and read the part about how the intending immigrant can help. 

 

Thank you, this is so far the most accurate and helpful answer to my questions. I have filed my 2020 taxes already so I'll have to send them transcript for last year because I don't want them to send me an RFE later on which will delay the process. And yes, my spouse is currently working overseas and she does have savings which to my surprise can contribute to our joint income/assets.

"Folks commenting on current income: He can’t determine income until the tax year has ended and he has determined his business deductions and profit or loss from a business on Schedule C and filed the return." Thank you once again for clarifying this to others.

 

[Lazy Monk 0]

@Wuozopo, should I put my annual gross or net income where it is asked on form I864?

[Wuozopo 4,285]

2 hours ago, Lazy Monk said:

@Wuozopo, should I put my annual gross or net income where it is asked on form I864?

Gross income is what is normally used when calculating current income with a salary. Income before taxes or insurance are taken out of the paycheck.

For you as self employed, put whatever is documented on your tax return on the line that says total income. On the 2020 return, that is Line 9.
 

You have to reduce your gross receipts by the deductions you take on Schedule C to come up with your business profit, which is akin to gross salary for a person who is an “employee”. Since you have no payslips or employer letter for written proof, you need to go with the “total income” line on your 2020 return.

Edited May 9, 2021 by Wuozopo

[Nitas_man 3,100]

On 5/6/2021 at 9:11 AM, Lazy Monk said:

Thank you for the replies, my income for 2020 falls below $21,550, so I will definitely be needing a joint sponsor for it. I don't have pay stubs since I'm self-employed. So I'm only required to send them tax returns for 2020 along with my joint sponsors' 2020 returns in the form of official IRS transcripts? Returns from 2019 and 2018 are optional and not required from either one of us right?

So you’re required to send 2020 tax return (and) proof of 2021 income in the form of cash flow, bank statements, the works whether you are self - employed or not

Edited May 10, 2021 by Nitas_man

[Wuozopo 4,285]

18 hours ago, Nitas_man said:

So you’re required to send 2020 tax return (and) proof of 2021 income in the form of cash flow, bank statements, the works whether you are self - employed or not

I don’t think it works that way. 2021 cash flow and bank statements are useless really until the year ends and the final numbers for 2021 are filed with the associated business schedules.  London in particular will not be wanting to look at bank statements for proof of income unless it’s proving some substantial cash assets by the petitioner or beneficiary. He needs to stick with what his total income Line for 2020 says and supplement with both their assets or have a joint sponsor in their back pocket. 

[Nitas_man 3,100]

23 minutes ago, Wuozopo said:

I don’t think it works that way. 2021 cash flow and bank statements are useless really until the year ends and the final numbers for 2021 are filed with the associated business schedules.  London in particular will not be wanting to look at bank statements for proof of income unless it’s proving some substantial cash assets by the petitioner or beneficiary. He needs to stick with what his total income Line for 2020 says and supplement with both their assets or have a joint sponsor in their back pocket. 

What USCIS at one time had on their web page -

 

Letter stating nature and type of business

6 months of bank statements

Three years of either transcripts or returns with all schedules

Business license or other documentation that you have a valid business