Self-Employed Joint Sponsor

[Maverick1990 2]

Hi,

 

Wondering if anyone has any insight/experience in regards to AOS joint sponsor, who is self-employed, before we go to an immigration lawyer to help advise. NVC just DQ'd me nearly three weeks back, and I'm waiting on being assigned an interview to the London embassy. They did advise, however, that they didn't think we met the minimum financial requirements for the family of 5 (my joint sponsor's family and me). This minimum requirement is 39k a year and she makes nearly tenfold that, so she easily meets the requirements. We provided what was required for self-employed on the travel.state.gov website, such as tax transcripts, schedule C, business license, bank statements, and nature of business. Trying to figure out what we may be missing, if anything, as it's pretty clear as you look through those documents that she easily meets the income requirements. Just want to be fully prepared when travelling to the embassy for the interview.

 

Thanks,

Keith

[JeanneAdil 6,553]

Is the ten fold the business income or her personal 

don't need to answer me but that is what immigration needs (the personal income)

she will have to get transcripts for the business and personal tax returns 

or

it may be one transcript if she uses form C for her business expenses with her 1040 

[Maverick1990 2]

2 minutes ago, JeanneAdil said:

Is the ten fold the business income or her personal 

don't need to answer me but that is what immigration needs (the personal income)

she will have to get transcripts for the business and personal tax returns 

or

it may be one transcript if she uses form C for her business expenses with her 1040 

It's both, as she works for herself. So the schedule C shows the profit of the business and business expenses, and the net pay is her personal income.

[JeanneAdil 6,553]

4 minutes ago, Maverick1990 said:

It's both, as she works for herself. So the schedule C shows the profit of the business and business expenses, and the net pay is her personal income.

then her 1040 with schedule C is what is needed for AOS

[powerpuff 6,729]

~ Moved from IR1/CR1 Progress Reports to Process ~

[Wuozopo 4,293]

7 hours ago, Maverick1990 said:

Hi,

 

Wondering if anyone has any insight/experience in regards to AOS joint sponsor, who is self-employed, before we go to an immigration lawyer to help advise. NVC just DQ'd me nearly three weeks back, and I'm waiting on being assigned an interview to the London embassy. They did advise, however, that they didn't think we met the minimum financial requirements for the family of 5 (my joint sponsor's family and me). This minimum requirement is 39k a year and she makes nearly tenfold that, so she easily meets the requirements. We provided what was required for self-employed on the travel.state.gov website, such as tax transcripts, schedule C, business license, bank statements, and nature of business. Trying to figure out what we may be missing, if anything, as it's pretty clear as you look through those documents that she easily meets the income requirements. Just want to be fully prepared when travelling to the embassy for the interview.

 

Thanks,

Keith

 If she doesn’t file a joint return with a spouse:
Look for the line called Total Income on her 2020 tax transcript. That’s what has to be over the threshold. That’s the number she should have on the I-864 as “My current income is…….”  If there is an error on the form, NVC will say she doesn’t qualify even when she does. 

If she files a joint return, then there’s more to do. Did she file a joint return?

Edited February 3, 2022 by Wuozopo

[pushbrk 12,969]

45 minutes ago, Wuozopo said:

 If she doesn’t file a joint return with a spouse:
Look for the line called Total Income on her 2020 tax transcript. That’s what has to be over the threshold. That’s the number she should have on the I-864 as “My current income is…….”  If there is an error on the form, NVC will say she doesn’t qualify even when she does. 

If she files a joint return, then there’s more to do. Did she file a joint return?

This is the answer.  Her "current income" is the "Total Income" (It's a line called that on the return, and has nothing to do with total business revenue.) that will qualify her as the sponsor.  For the self employed, that number is their current income.  If you were DQ then anything they wrote about your joint sponsor is a "suggestion".  A Consular Officer will make the actual decision.

 

So, take a look at the tax return or tax return transcript, and find that "Total Income" line.  If it's clearly over the amount needed and the same is true for 2018 and 2019, then don't worry.

 

If she is married filing a joint tax return, her spouse should provide an I-864a.

 

Being self employed can be tricky as sponsor.  Often their total income is wiped out by legal and legitimate tax deductions for business expense and/or depreciation etc.

Edited February 3, 2022 by pushbrk