I-864 for K-1 Green Card

[Michaeld11111 2]

Hello everyone.

 

First of all thank you for your help and support throughout this process.

 

Recently my K-1 fiancé Visa filing was approved.  My fiancé and I got married in February in US, and filed I-485, I-864, I-131 and I-765 forms.

 

I have 2 questions:

 

Question #1:

Regarding Part 5, Household size: I originally submitted 1 for my spouse and 1 for myself, a total of 2. 

My mom and sister live in the same house as me and my wife. They are not my dependents, are not on my tax returns, and I did  not use their income as joint sponsors. Do I need to include them as part of Sponsor's Household Size in future I-864 filing?  

 

The reason I am asking is that I received a Request For Evidence (Form I-485) to submit another I-864. The USCIS letter indicated that my income was not enough to qualify as a sponsor, and that they only accept the "Total Income" on 1040, not the "Gross Receipts" line from Schedule C of taxes.

 

That brings me to 

Question #2:

They had accepted my income before for the K-1 Visa. I understand that the K-1 requirement calls for 100% of HHS Poverty Guidelines, and the Green card (I-485) needs income based on 125% of HHS Poverty Guidelines. But I had enough income showing on tax returns for 125% HHS: My Schedule C for the past 3 years of tax filing showed enough income. These tax returns were the same tax returns that I had submitted for the K-1 Visa. Nothing has changed.

Nevertheless, I ordered an appraisal for my house. The appraisal will be ready this week.

 

The title of the house is in a revocable family living trust, with both me and my sister as trustees. In essence, I own 50% of the house.

The Mortgage is under my mom's name.

 

Is there any problem with the title being under a family trust as far as the USCIS is concerned?

And is there a problem with the mortgage not under my name?

 

My 50% ownership will satisfy the cash value requirement after deducting the mortgage: The 3 times asset requirement rule of either $24,650 for a household of 2, or $37,500 for a household of 4

 

I really appreciate help in this manner.

 

Thank you.

 

 

 

 

 

[Boiler 43,824]

The amount required is based on current income not past taxes

 

Presumably this is an investment property, does it not produce an income?

[Michaeld11111 2]

Hello and thank you.

 

This is the house that we live in. It is not an investment property.

[Boiler 43,824]

Then go with income

[Michaeld11111 2]

But, the problem is the income.

 

They did not accept my income.  That is why I ordered the appraisal.

 

And again, questions regarding:

 

The household size?

The trust?

 

Thank you.

 

[Boiler 43,824]

A Joint Sponsor seems to be the solution

[JeanneAdil 6,289]

20 minutes ago, Michaeld11111 said:

But, the problem is the income.

 

They did not accept my income.  That is why I ordered the appraisal.

 

And again, questions regarding:

 

The household size?

The trust?

 

Thank you.

 

under the terms of the I 864  instructions,  how could u liquate the house into cash

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/i-864-affidavit-faqs.html#aos15

 

What can be used as assets?

Financial sponsors can only include assets that are convertible into cash within one year and without considerable hardship or financial loss to the sponsor and his/her family. Examples of assets easily convertible to cash are savings, stocks, bonds and property.

[Michaeld11111 2]

In the USCIS letter, they are indicating as Acceptable evidence of assets: Evidence of ownership, a recent licensed appraisal or county tax assessment, any mortgagee/lien or lien release of any real estate, and dates acquired.

Right. I don't have a joint sponsor at this time.

 

Thank you.

[SteveInBostonI130 3,329]

The I-134 is a non binding document and is not examined as thoroughly as the I-864.

 

Because you are self employed, you need to use the Total Income amount:  Gross revenue minus expenses.  

 

Per the RFE, it seems your total income does not meet the requirement.

 

Your house is a poor choice because one of the stipulations of using an asset is that it will not result in financial hardship if utilized.

 

At this point, the best option is to find a joint sponsor.

Edited April 4, 2023 by SteveInBostonI130
typos

[Michaeld11111 2]

Thank you.

 

Question #1:

Regarding Part 5, Household size: I originally submitted 1 for my spouse and 1 for myself, a total of 2. 

My mom and sister live in the same house as me and my wife. They are not my dependents, are not on my tax returns, and I did  not use their income as joint sponsors.

 

Do I need to include them as part of Sponsor's Household Size in future I-864 filing? 

[SteveInBostonI130 3,329]

No.  Just you and your spouse.

[Michaeld11111 2]

Thank you.

 

If I end up using either my sister, or my mother or both (Which I don't want to, because they are low income and on social security),

do I add them to household, or still keep the household number to 2?

[Michaeld11111 2]

I am a caregiver for my mom (who lives with me in the same house).

 

The In-home Supporting Services income is not reported to IRS for the purpose of tax filings. That is an IRS ruling.

 

If I resubmit the I-864 with 12 months of IHSS income, do I show my mom as another member of the household? 3 people in the house including myself and my spouse?

 

I am not sure about the size of the household.

 

Thank you.

[SteveInBostonI130 3,329]

10 hours ago, Michaeld11111 said:

The In-home Supporting Services income is not reported to IRS for the purpose of tax filings. That is an IRS ruling.

 

Per the link below, that is incorrect.  There is a difference between reporting income and owing taxes on income. 

 

https://www.irs.gov/businesses/small-businesses-self-employed/family-caregivers-and-self-employment-tax

 

You may need to amend your tax returns.

[beloved_dingo 1,945]

Paging @pushbrk for his expertise in this situation.