Will tax returns alone disqualify my income? (merged)

[Gaiden79 14]

Hi there, just another question to understand my situation. I'm currently getting financial documents in order for my wife's IR-1 case at the NVC. 

 

I believe that as the petitioner with a joint sponsor I only needed the most recent tax return and my 2021 income was really low, like maybe 12k or less. 2022 was much better, but still very low like maybe less then 20k still. 

 

My question is: For my household i believe that it's almost 41k income required. If my joint sponsor meets this requirement is my low income on my tax returns going to be a problem? Also I work for Uber and it's self-employed in a way, will that be a problem with documenting my income?

 

This year my income has gone up quite a bit though, but still under the requirements. 

 

Thank you so much, sorry for too much info.

[pushbrk 12,134]

38 minutes ago, Gaiden79 said:

Hi there, just another question to understand my situation. I'm currently getting financial documents in order for my wife's IR-1 case at the NVC. 

 

I believe that as the petitioner with a joint sponsor I only needed the most recent tax return and my 2021 income was really low, like maybe 12k or less. 2022 was much better, but still very low like maybe less then 20k still. 

 

My question is: For my household i believe that it's almost 41k income required. If my joint sponsor meets this requirement is my low income on my tax returns going to be a problem? Also I work for Uber and it's self-employed in a way, will that be a problem with documenting my income?

 

This year my income has gone up quite a bit though, but still under the requirements. 

 

Thank you so much, sorry for too much info.

You'll need to enter information from three tax returns but only submit a copy or transcript from the most recent one.  Since you are self employed, your "current income" will be the number on the "Total Income" line of your 1040.

 

Note also, that a Consular Officer will make their judgment call on public charge, based on the totality of circumstances, including their judgment about how your family will actually be supported going forward.  Usually, the don't expect the joint sponsor will actually be directly supporting the immigrant, so your spouse's earning ability and/or changes to how YOU support your family will also be considered.

[Gaiden79 14]

On 1/29/2023 at 2:43 PM, pushbrk said:

You'll need to enter information from three tax returns but only submit a copy or transcript from the most recent one.  Since you are self employed, your "current income" will be the number on the "Total Income" line of your 1040.

 

Note also, that a Consular Officer will make their judgment call on public charge, based on the totality of circumstances, including their judgment about how your family will actually be supported going forward.  Usually, the don't expect the joint sponsor will actually be directly supporting the immigrant, so your spouse's earning ability and/or changes to how YOU support your family will also be considered.

Hey thank you for the in-depth answer, I appreciate it. So will my current income be weighed more heavily than income gaps in my tax returns do you think?

[pushbrk 12,134]

19 minutes ago, Gaiden79 said:

Hey thank you for the in-depth answer, I appreciate it. So will my current income be weighed more heavily than income gaps in my tax returns do you think?

Yes, but you don't qualify on your own, so the joint sponsor is critical.  You also have given no indication of how your family will or can support itself once together in the USA.

Edited January 30, 2023 by pushbrk

[Gaiden79 14]

22 hours ago, pushbrk said:

Yes, but you don't qualify on your own, so the joint sponsor is critical.  You also have given no indication of how your family will or can support itself once together in the USA.

Ok thank you. We should be fine once they get here to the US. 

[pushbrk 12,134]

23 minutes ago, Gaiden79 said:

Ok thank you. We should be fine once they get here to the US. 

So you say, but the Consular Officer will need to understand the facts to back up that assertion.

[Gaiden79 14]

Hi there, just trying to understand some things about the income requirements. If my past 3 tax returns are spotty on income and don't meet the requirements, but my current income does such as current month and maybe past couple months will that be enough? Or does everything have to be pretty spotless as far as the "totality of circumstances" goes? Thank you.

[pushbrk 12,134]

2 hours ago, Gaiden79 said:

Hi there, just trying to understand some things about the income requirements. If my past 3 tax returns are spotty on income and don't meet the requirements, but my current income does such as current month and maybe past couple months will that be enough? Or does everything have to be pretty spotless as far as the "totality of circumstances" goes? Thank you.

Current income is King.  Tax returns are about the past.  Yes, they evaluate the totality of circumstances but the present is most important.  If you earned 100k a year the last three years, but lost your job last month, your current income is zero and you wouldn't qualify. If you earned nothing in 2022 and took a new job paying 50k on January 1, 2023, your current income is 50k.  If it's the kind of job that would be considered long term, you would be golden.

 

India is an exception but YOUR spouse is from the P. I.

[Unlockable 7,306]

*** Moderator comment: Two threads of the same topic were merged. Please only create one thread per topic.

 

VJ Mod

[Gaiden79 14]

On 2/13/2023 at 11:54 PM, pushbrk said:

Current income is King.  Tax returns are about the past.  Yes, they evaluate the totality of circumstances but the present is most important.  If you earned 100k a year the last three years, but lost your job last month, your current income is zero and you wouldn't qualify. If you earned nothing in 2022 and took a new job paying 50k on January 1, 2023, your current income is 50k.  If it's the kind of job that would be considered long term, you would be golden.

 

India is an exception but YOUR spouse is from the P. I.

Thank you, that really helps a lot. Something I didn't consider before.

[Gaiden79 14]

On 2/13/2023 at 11:54 PM, pushbrk said:

Current income is King.  Tax returns are about the past.  Yes, they evaluate the totality of circumstances but the present is most important.  If you earned 100k a year the last three years, but lost your job last month, your current income is zero and you wouldn't qualify. If you earned nothing in 2022 and took a new job paying 50k on January 1, 2023, your current income is 50k.  If it's the kind of job that would be considered long term, you would be golden.

 

India is an exception but YOUR spouse is from the P. I.

Hi, I just had a few follow up questions about your answer here.

 

1). What did you mean by a job that is considered long term? (does that exclude Uber/Lyft drivers?)

 

2). How exactly do they calculate your income of a job you recently got? Is it the base pay rate or can you include things like overtime, etc into the equation? (for example if I got a job that was like $18/hour instead of the $20/hour that's required, if I worked overtime or extra days does that factor in to make up for the hourly loss?)

 

3). How long would I have to work a new job that meets the income requirements before I could use it to qualify for immigration? 

 

Thank you very much, sorry for so many questions.

[pushbrk 12,134]

49 minutes ago, Gaiden79 said:

Hi, I just had a few follow up questions about your answer here.

 

1). What did you mean by a job that is considered long term? (does that exclude Uber/Lyft drivers?)

 

2). How exactly do they calculate your income of a job you recently got? Is it the base pay rate or can you include things like overtime, etc into the equation? (for example if I got a job that was like $18/hour instead of the $20/hour that's required, if I worked overtime or extra days does that factor in to make up for the hourly loss?)

 

3). How long would I have to work a new job that meets the income requirements before I could use it to qualify for immigration? 

 

Thank you very much, sorry for so many questions.

A job, means actual employment, not self employment.  Are Uber/Lyft drivers employees now?

 

Employed folks get a pay stub each pay period.  The gross pay for a pay period times the number of pay periods in a full year, is the calculation for current income.  If you make a grand a week, your current income is 52k.

 

Your last question is not so simple.  Each decision is a judgment call.  But....once you have a pay stub for a full pay period, you can state that as your current income on the I-864.  If you are STILL employed there by the time the interview takes place, you will have been there some months more.

 

You'll get more meaningful answers, if you'll stop with the hypotheticals and provide your actual circumstances.

Edited February 19, 2023 by pushbrk

[Gaiden79 14]

22 hours ago, pushbrk said:

A job, means actual employment, not self employment.  Are Uber/Lyft drivers employees now?

 

Employed folks get a pay stub each pay period.  The gross pay for a pay period times the number of pay periods in a full year, is the calculation for current income.  If you make a grand a week, your current income is 52k.

 

Your last question is not so simple.  Each decision is a judgment call.  But....once you have a pay stub for a full pay period, you can state that as your current income on the I-864.  If you are STILL employed there by the time the interview takes place, you will have been there some months more.

 

You'll get more meaningful answers, if you'll stop with the hypotheticals and provide your actual circumstances.

Thank you, I appreciate it.