income question

[wolfynik 0]

if my last year tax return 2021 isn't enough income to sponsor wife and 2 kids but my current income in 2022 is enough can I document this or should I wait until I do my 2022 taxes? I also have the option of becoming an employee with enough income but i would be a new hire on a new company would that be an issue?

 

-

I asked this to a lawyer before:

 

for a self employed sponsor (bringing wife and 2 kids), will uscis average out my last 3 years of tax returns or only county my last one? Also do they count my AGI, gross income, or net income (gross minus self employment tax))

Answer

 

Hello: They do not average and they look at adjusted gross.

[pushbrk 12,975]

2 hours ago, wolfynik said:

if my last year tax return 2021 isn't enough income to sponsor wife and 2 kids but my current income in 2022 is enough can I document this or should I wait until I do my 2022 taxes? I also have the option of becoming an employee with enough income but i would be a new hire on a new company would that be an issue?

 

-

I asked this to a lawyer before:

 

for a self employed sponsor (bringing wife and 2 kids), will uscis average out my last 3 years of tax returns or only county my last one? Also do they count my AGI, gross income, or net income (gross minus self employment tax))

Answer

 

Hello: They do not average and they look at adjusted gross.

If you are self employed, you don't have "income" until it appears on a tax return.  Self employed file the 1040 tax form ++ not the 1040EZ so the AGI is not considered.  The number is the Total Income (often the same number as AGI).  The lawyer is not correct for a visa case.  USCIS will not be the ones evaluating your finances.  It will be a Consular Officer.  I don't recall whether total income is before SE tax or after, but that's the number they use.  Whether they will average or not is anybody's guess.  Never heard of such a thing, but it is not unreasonable to do so, as part of "totality of circumstances".

[Family 4,025]

2 hours ago, wolfynik said:

if my last year tax return 2021 isn't enough income to sponsor wife and 2 kids but my current income in 2022 is enough can I document this or should I wait until I do my 2022 taxes? I also have the option of becoming an employee with enough income but i would be a new hire on a new company would that be an issue?

 

1. Get a Joint Sponsor if possible , if NOT 

2. Don’t delay bringing your family on an “ assumption “ of better days….am sure they are missing u. Do what you can now , and face any issues as they arise. 

3. Show 2021 as is . 
If you are currently self employed and you are earning then document a Self a employed Current Income : 

a.  From beginning of the year Business Bank Statements ( even if it’s your personal account but it shows deposits and revenue/ income) show what your monthly revenue is. 

b. Copy of any Licenses/ DBA for your business 

c. Draw up a Profit and Loss Statement for each month and sign it . 
 

4. Does a “new hire in a new company “ mean you would be setting up a company for this purpose OR actually taking a new job?
And salaried employee on a new job  just shows paycheck ( and job letter) to prove current income…
 

[pushbrk 12,975]

23 hours ago, Family said:

1. Get a Joint Sponsor if possible , if NOT 

2. Don’t delay bringing your family on an “ assumption “ of better days….am sure they are missing u. Do what you can now , and face any issues as they arise. 

3. Show 2021 as is . 
If you are currently self employed and you are earning then document a Self a employed Current Income : 

a.  From beginning of the year Business Bank Statements ( even if it’s your personal account but it shows deposits and revenue/ income) show what your monthly revenue is. 

b. Copy of any Licenses/ DBA for your business 

c. Draw up a Profit and Loss Statement for each month and sign it . 
 

4. Does a “new hire in a new company “ mean you would be setting up a company for this purpose OR actually taking a new job?
And salaried employee on a new job  just shows paycheck ( and job letter) to prove current income…
 

1 -4 above might help, but in reality, it probably won't.  A qualified joint sponsor is the only way to be confident of success.  Self employed people have some latitude on how they prepare their tax returns.  Showing not enough income in 2021 is often a choice, a poor choice.  Now, if "revenue" is not enough, that's not a "choice" but revenue minus expenses depends on which expenses you actually claim or not.

 

Some self employed petitioners choose to forget to deduct some of their business expenses, then remember after the immigrant arrives, and file an amended return. 😉

Edited April 18, 2022 by pushbrk