Please help. Unable to meet sponsorship requirements: what’s my options? [merged threads]

[pushbrk 12,277]

4 hours ago, Kyl123 said:

Sorry for another post, but I had also seen somewhere that you need to be self employed for 1 year to use it? I’ve only been “self employed” since March 2022.

 

It will be reported on 2023 tax returns, but like I said earlier until then I have little to no evidence of that income (and all my income is paid in crypto) . Also between 2022 would be when we filed to NVC and 2023 would be for the interview. Which is why I’m asking if it’s REQUIRED I put all income, since if I even try to explain all this to them, I feel like it may get an RFE whereas if I list my income as 0 for 2022, but use my joint sponsor then it would be less likely. However like I noted previously, this could conflict when my wife goes to her interview and they ask what my job is (by that time I’ll have a part time job though). 

2022 income is reported in 2023 by filing a 2022 tax return.  It's required to tell the truth.  If asked for income, you answer with the truth.  First you must understand what income is considered to be. You are self employed.  Income is revenue minus allowable business expenses for the year.  A trader may have no expenses.  If so, your income is your profit, but not until you put it on a tax return.  Failing to report qualifying income is a crime.

[Palawan 130]

17 hours ago, Lil bear said:

They want to see assets in your name for longer than 12 months   Assets must be more than 3 times the minimum required level and able to be transferred  into cash assets within 12 months. 
 

 

Where does it say they want to see assets in your name for longer than 12 months?  I am gonna have to call "Fake News" on this

 

I did assets I never saw any where mentioned you must have assets longer than 12 months.

[Palawan 130]

17 hours ago, Kyl123 said:

Hello,

 

So long story short, I’m only 20 and have made very little income up until this last year (2022), and even that income is hard to prove since it was from day trading crypto. I’m having trouble finding a joint sponsor who will commit for me. Anyways, I do have a significant amount of cash and properties in trust for me from my family. If I were to have them transfer ownership of such assets (CDs, bank accounts, properties, and so on) to me, how much value would I need? I know atleast one house I would get is worth around $150k, and in addition I could get cash. How much would I need? I saw somewhere it says 5 times the amount of missing income. Would that mean 5x~$25k since I would report no income?

 

Also, would they even be likely to accept it, especially if it was just transferred to my name?

 

Thanks. 

It's 3x if it's a spouse or a child, and you are a US Citizen

[roughlyworried 5]

2 hours ago, Mike E said:

Is there   a law that says a sponsor has to be below a certain age?

There’s not, but I’ve seen and been told by multiple people there’s a high chance it won’t work.

 

10 minutes ago, pushbrk said:

Proof on income for 2022 cannot be done with bank statements.  It must be with a tax return.  You are self employed as a trader.  Your current income comes from your latest tax return.  Believe it.  Own it.  Nothing to argue here.

Forgive me for my ignorance. I’m trying to get a complete understanding.

 

My MAIN question here is in reference to part 6 on the I-864. I’m asked for my CURRENT years income. I’ve only had this freelance work for the past 6 months. So there is nothing on the 2021 tax return in reference to this work. All I have to prove it is transactions on the blockchain (crypto, which I was paid in) and cashing out of the crypto into my personal bank accounts for my 2022 income.

 

I honestly think it’s going to be very hard to explain any of this to the NVC, and personally I’d rather leave all of this current years (2022) income out and not even report it on the I-864 (will still report my income to the IRS for 2022 in 2023 after NVC filing of course). 

 

So considering this, here is the question: if my joint sponsor who is considering signing for me does sign, would it be illegal, immoral, in any way wrong, or could bring up issues at the NVC or down the line at the consulate if I report my income for 2022 as zero for reasons of not being able to prove that income sufficiently?

[PGA 224]

17 hours ago, Kyl123 said:

Hello,

 

So long story short, I’m only 20 and have made very little income up until this last year (2022), and even that income is hard to prove since it was from day trading crypto. I’m having trouble finding a joint sponsor who will commit for me. Anyways, I do have a significant amount of cash and properties in trust for me from my family. If I were to have them transfer ownership of such assets (CDs, bank accounts, properties, and so on) to me, how much value would I need? I know atleast one house I would get is worth around $150k, and in addition I could get cash. How much would I need? I saw somewhere it says 5 times the amount of missing income. Would that mean 5x~$25k since I would report no income?

 

Also, would they even be likely to accept it, especially if it was just transferred to my name?

 

Thanks. 

This is our experience and, of course, every CO and interview is different: we attempted to use assets which we did have for over a year, significantly higher than the required amount based on the requirements, and all assets used were very liquid - in our case, this did not matter, the CO refused the visa, and presented us with a 221g requiring a co-sponsor. In fact, at the interview my wife asked about the use of assets and was told "using assets is too complicated." That was it, game over for us for use of assets. Was it unfair? Probably, but unfortunately once that happens there is no real recourse or convincing the CO otherwise. That said, you can try it (as I mentioned every CO may look at it a bit differently) but I suggest having a backup plan just in case. Regardless, good luck!

[pushbrk 12,277]

7 hours ago, Kyl123 said:

There’s not, but I’ve seen and been told by multiple people there’s a high chance it won’t work.

 

Forgive me for my ignorance. I’m trying to get a complete understanding.

 

My MAIN question here is in reference to part 6 on the I-864. I’m asked for my CURRENT years income. I’ve only had this freelance work for the past 6 months. So there is nothing on the 2021 tax return in reference to this work. All I have to prove it is transactions on the blockchain (crypto, which I was paid in) and cashing out of the crypto into my personal bank accounts for my 2022 income.

 

I honestly think it’s going to be very hard to explain any of this to the NVC, and personally I’d rather leave all of this current years (2022) income out and not even report it on the I-864 (will still report my income to the IRS for 2022 in 2023 after NVC filing of course). 

 

So considering this, here is the question: if my joint sponsor who is considering signing for me does sign, would it be illegal, immoral, in any way wrong, or could bring up issues at the NVC or down the line at the consulate if I report my income for 2022 as zero for reasons of not being able to prove that income sufficiently?

To understand what you are being asked, you must carefully read each question and answer it accurately, AND follow the form's instructions.  You are NOT being asked for your current year's income.  Read the question again and then think of it as if what I already told you is the way to answer it.

[pushbrk 12,277]

7 hours ago, PGA said:

This is our experience and, of course, every CO and interview is different: we attempted to use assets which we did have for over a year, significantly higher than the required amount based on the requirements, and all assets used were very liquid - in our case, this did not matter, the CO refused the visa, and presented us with a 221g requiring a co-sponsor. In fact, at the interview my wife asked about the use of assets and was told "using assets is too complicated." That was it, game over for us for use of assets. Was it unfair? Probably, but unfortunately once that happens there is no real recourse or convincing the CO otherwise. That said, you can try it (as I mentioned every CO may look at it a bit differently) but I suggest having a backup plan just in case. Regardless, good luck!

Is it possible there was something complicated about your assets, such as where they were located?  It's possible any individual Consular Officer can look at the facts and interpret them differently.  There's a right way to use assets, and one must follow that right way, whether they end up needing a joint sponsor or not.

[PGA 224]

1 hour ago, pushbrk said:

Is it possible there was something complicated about your assets, such as where they were located?  It's possible any individual Consular Officer can look at the facts and interpret them differently.  There's a right way to use assets, and one must follow that right way, whether they end up needing a joint sponsor or not.

Nope...didn't want to bother....90% was in savings accounts, 10% were in money market (all located in US banks/investment firms). We followed the rules completely... it seemed more like it was a "I don't want to sit here and calculate the assets issue," even though I provided an Excel spreadsheet of all assets.

Edited September 8, 2022 by PGA

[pushbrk 12,277]

19 minutes ago, PGA said:

Nope...didn't want to bother....90% was in savings accounts, 10% were in money market (all located in US banks/investment firms). We followed the rules completely... it seemed more like it was a "I don't want to sit here and calculate the assets issue," even though I provided an Excel spreadsheet of all assets.

Just like everywhere, there are people too lazy to do their job.  Too bad you found one.

 

 

[roughlyworried 5]

So, it has come to the point where everyone who said they would sponsor for my wife is either too old, or flaked out on us. Now I have little to no income for the past 3 years, only about $30k worth of assets between a few cars and some cash, and no one willing to sponsor because of the potential litigation. What are my options? Is it possible for my wife to attain a student visa, as she’s been wanting to go to college? How about a friend of mine who’s been needing a Chinese translator to work for him? Is it too late since we’ve already filed a CR1 and are married?

 

Im so tired of this. I can’t believe how difficult they make the process for some, while granting easy access to others. Anyways, what are my options?

Edited September 9, 2022 by Kyl123

[milimelo 4,279]

Go back to the US and get a well paying job would be my go to. 

[Rocio0010 5,577]

6 minutes ago, Kyl123 said:

What are my options?

The easiest option I see in your case is to get a US based job with an income that is above the poverty guidelines, wait a few months, and then file. Additionally, you will have to prove intent to reside in the US, so if you are abroad, this might require to fly to the US a few months ahead of her and start working. This proves your income and your intent to establish domicile.

 

8 minutes ago, Kyl123 said:

s it possible for my wife to attain a student visa

I doubt it. She's already established immigrant intent with the CR1. Student visas are non- immigrant visas. But if you have money to spend on both the application for the visa and tuition, then by all means try.

 

10 minutes ago, Kyl123 said:

How about a friend of mine who’s been needing a Chinese translator to work for him?

Do you mean a work visa? I doubt it. There are plenty of Chinese translators in the US.

1 minute ago, milimelo said:

Go back to the US and get a well paying job would be my go to. 

Yes yes yes!!!! This would serve the i864, and also the intent to establish domicile side of the CR1!

[roughlyworried 5]

1 minute ago, milimelo said:

Go back to the US and get a well paying job would be my go to. 

Understandable, but at that point I would just permanently move out of the United States and live/work in another country. I love my home, but I love my wife more. 

[Rocio0010 5,577]

2 minutes ago, Kyl123 said:

Understandable, but at that point I would just permanently move out of the United States and live/work in another country. I love my home, but I love my wife more. 

Those are choices. 

But we are not saying to move PERMANENTLY. Just two or three months in advance to establish domicile and find a job that would allow you to sponsor her. 

You will be busy in those months by working, getting a lease, getting utilities set up, getting your DL and library card, etc.

[roughlyworried 5]

7 minutes ago, Rocio0010 said:

Those are choices. 

But we are not saying to move PERMANENTLY. Just two or three months in advance to establish domicile and find a job that would allow you to sponsor her. 

You will be busy in those months by working, getting a lease, getting utilities set up, getting your DL and library card, etc.

Well, even though I am living abroad right now, my domicile is still in the United States. I still pay basic expenses at my home, with the little income I make online with my current free lance income. I was planning to return in November to to file for NVC and wait out the interview…but there’s no way I’m leaving my wife again like is did before not knowing when and how I could see her again (she is from China…and it’s impossible to get out of China on a tourist visas and increasingly difficulty even for American spousal visas) Also, I’ve heard that they want to see years of work/consistent income. I do not have that what so ever for the past 3 years. Is it not true? You can get a job for 3 months and qualify? Im also nearing the NVC stage within the next month or two, so all of this is going to be hard to line up.

 

in addition, is it possible to work for a US business online and get paid WHILE living abroad and use that income? 

Edited September 9, 2022 by Kyl123