Received 1 RFE and a Case RE

[ShafB 0]

Hi All,

My wife is a US Citizen who filed i130 for me and we got approved in December 2022. Moved forward to NVC and submitted all required documents. My wife is unemployed for the last 3 years and thus $0 income, and have been living with me in Pakistan, and proved her domicile in the US as well. 
Thus, we used my father-in-law as a joint sponsor, who is self-employed as an Uber driver whose current annual household income falls above $80,000, as reported on i-864. However, his total income reported on his 2022 tax return is around $15800, after cutting all expenses relevant. 
I received a case Review that this case does not meet minimum income requirement and a joint sponsor MAY be added. Is that message for my wife's income or my father-in-law's income? Furthermore, they are also asking for my FIL's evidence of income, for which I submitted his most current weekly paystubs from Uber, for this year 2023, that easily averages above $80,000 again. 
Everything else is submitted and accepted. What should I do next? Ignore the review message or get a new joint sponsor lined up?

Please help me out, looking for some good advice here. 
Thanks

[Mill&bill 131]

get a new joint sponsor

[SteveInBostonI130 3,467]

Uber drivers are not employees. They are self employed contractors.  As such, their income is based on their tax return's total income line, not by paystubs.

 

You will need another joint sponsor.

[Joyoussinger 1,425]

Ignoring the message is never a good idea. The required income is based on net income and not gross income. You do need a joint sponsor.

[SalishSea 17,928]

9 hours ago, ShafB said:

Hi All,

My wife is a US Citizen who filed i130 for me and we got approved in December 2022. Moved forward to NVC and submitted all required documents. My wife is unemployed for the last 3 years and thus $0 income, and have been living with me in Pakistan, and proved her domicile in the US as well. 
Thus, we used my father-in-law as a joint sponsor, who is self-employed as an Uber driver whose current annual household income falls above $80,000, as reported on i-864. However, his total income reported on his 2022 tax return is around $15800, after cutting all expenses relevant. 
I received a case Review that this case does not meet minimum income requirement and a joint sponsor MAY be added. Is that message for my wife's income or my father-in-law's income? Furthermore, they are also asking for my FIL's evidence of income, for which I submitted his most current weekly paystubs from Uber, for this year 2023, that easily averages above $80,000 again. 
Everything else is submitted and accepted. What should I do next? Ignore the review message or get a new joint sponsor lined up?

Please help me out, looking for some good advice here. 
Thanks

If you want the visa, you need a new joint sponsor.  Or your wife can return to the US and get a job.

[Alex&Nayden 91]

10 hours ago, ShafB said:

Hi All,

My wife is a US Citizen who filed i130 for me and we got approved in December 2022. Moved forward to NVC and submitted all required documents. My wife is unemployed for the last 3 years and thus $0 income, and have been living with me in Pakistan, and proved her domicile in the US as well. 
Thus, we used my father-in-law as a joint sponsor, who is self-employed as an Uber driver whose current annual household income falls above $80,000, as reported on i-864. However, his total income reported on his 2022 tax return is around $15800, after cutting all expenses relevant. 
I received a case Review that this case does not meet minimum income requirement and a joint sponsor MAY be added. Is that message for my wife's income or my father-in-law's income? Furthermore, they are also asking for my FIL's evidence of income, for which I submitted his most current weekly paystubs from Uber, for this year 2023, that easily averages above $80,000 again. 
Everything else is submitted and accepted. What should I do next? Ignore the review message or get a new joint sponsor lined up?

Please help me out, looking for some good advice here. 
Thanks

I personally think that self-employed individuals are not good for joint sponsors. It’s way more complicated (no point in going in depth into it). 
 

Either get a new sponsor (W2 employee) or your wife has to get a US job.

 

Yes, it’s not ideal but you have to be willing to make sacrifices if you want this to be a smooth process.

[Chancy 6,241]

*** Moved from Bringing Family of USC forum to IR1/CR1 Process & Procedures, where topics about visa case for spouse of USC are discussed ***

 

[pushbrk 12,975]

On 3/22/2023 at 8:47 PM, Joyoussinger said:

Ignoring the message is never a good idea. The required income is based on net income and not gross income. You do need a joint sponsor.

I understand what you mean, but you've used the wrong terminology.  For the self employed, "income" equals revenue minus expenses.  It's not "income" in this context until it appears on the total income line of the 1040.  

 

Yes, they will  need a qualified joint sponsor, with actual qualifying income, not just qualifying gross business revenue.

[Joyoussinger 1,425]

1 hour ago, pushbrk said:

I understand what you mean, but you've used the wrong terminology.  For the self employed, "income" equals revenue minus expenses.  It's not "income" in this context until it appears on the total income line of the 1040.  

 

Yes, they will  need a qualified joint sponsor, with actual qualifying income, not just qualifying gross business revenue.

Thank you for the correction. I see the difference.

[ShafB 0]

3 hours ago, pushbrk said:

I understand what you mean, but you've used the wrong terminology.  For the self employed, "income" equals revenue minus expenses.  It's not "income" in this context until it appears on the total income line of the 1040.  

 

Yes, they will  need a qualified joint sponsor, with actual qualifying income, not just qualifying gross business revenue.

Thanks for your reply!

Here are a few key things:

1) His actual gross income from Uber is $81, 106

2) The actual 'revenue minua expenses' income is $59, 238 (I'm sorry I forgot to mention thia beforehand)

3) The total income as reported on his 2022 tax return is $15, 800 (after more deductions)

 

So, what income are we talking about here to qualify..... I have documentation to prove his 'revenue minus expenses' income as well, that is $59,238

 

I do have another joint sponsor lined up, but wanted my FIL to be one, so wanted to study every corner .... is there any chance he might qualify with his 'revenue minus expenses' income of $59,238? 

[pushbrk 12,975]

4 minutes ago, ShafB said:

Thanks for your reply!

Here are a few key things:

1) His actual gross income from Uber is $81, 106

2) The actual 'revenue minua expenses' income is $59, 238 (I'm sorry I forgot to mention thia beforehand)

3) The total income as reported on his 2022 tax return is $15, 800 (after more deductions)

 

So, what income are we talking about here to qualify..... I have documentation to prove his 'revenue minus expenses' income as well, that is $59,238

 

I do have another joint sponsor lined up, but wanted my FIL to be one, so wanted to study every corner .... is there any chance he might qualify with his 'revenue minus expenses' income of $59,238? 

3 is the answer.  He doesn't qualify.  For any self employed person, their relevant "current income" comes from the "total income" line.

[ShafB 0]

7 minutes ago, pushbrk said:

3 is the answer.  He doesn't qualify.  For any self employed person, their relevant "current income" comes from the "total income" line.

Can I ask him to amend his tax return to bring this amount up? Like removing unnecessary expenses put in the first place? 

[pushbrk 12,975]

1 minute ago, ShafB said:

Can I ask him to amend his tax return to bring this amount up? Like removing unnecessary expenses put in the first place? 

You don't need permission to ask.  It's a little late though.  What would have worked would be to file without those deductions, then amend to add them, AFTER the affidavit of support is submitted.  However, you are at least a year from having a visa, maybe much longer.  It is quite possible they'll want an updated affidavit of support after your AP.  Better to find a different joint sponsor.

[ShafB 0]

3 minutes ago, pushbrk said:

You don't need permission to ask.  It's a little late though.  What would have worked would be to file without those deductions, then amend to add them, AFTER the affidavit of support is submitted.  However, you are at least a year from having a visa, maybe much longer.  It is quite possible they'll want an updated affidavit of support after your AP.  Better to find a different joint sponsor.

A year from having a visa IF I go with this joint sponsor with his amended tax return, right?

 

Should I just go to the interview with a new joint sponsor's documentation and inform the CO to change? 

[pushbrk 12,975]

1 minute ago, ShafB said:

A year from having a visa IF I go with this joint sponsor with his amended tax return, right?

 

Should I just go to the interview with a new joint sponsor's documentation and inform the CO to change? 

Don't confuse your interview date with your visa issue date.  For a Pakistani male, those two dates could be a year or more apart.  I don't know what the wait is for an interview, but it is a few months to a year or more AFTER the interview, before you'll have a visa.  Sounds like you'll DQ without a joint sponsor.  Anytime after that, I would "replace" your joint sponsor with a new one that qualifies without complications.