Is previous income sufficient for Affidavit of Support?

[jneiku 0]

I have a bit of an unusual situation when it comes to filing the Affidavit of Support.

- I have paid taxes for the last three years and have made more than 125% of required income last year.

- I have worked 9 out of 12 months in the last fiscal year and have made more than 125% or of required income.

- All the money I have made this year, which pass the requirements, are from my previous job which I left this year.

- I haven't yet made any money as a Self Employed freelancer and therefore haven't filed any quarterly tax paperwork.

When filling out the I-864 Form, should I show my current income from the previous job, but check off the Self Employed box?

I'm hesitant in marking the Unemployed box, since that would probably demonstrate a stable income, even if I have made enough money, but if I mark myself as Self Employed, I cannot provide documents of current income.

Is there a significant difference how I file, if I have already met income requirements for this year?

(also my wife will have a joint sponsor to improve her case, it shouldn't be necessary, but we don't want to take any changes)

Hopefully this doesn't too confusing,

Thanks ahead for your help!

[Harpa Timsah 13,258]

If no current job, or proof of current employment, then you cannot be a qualified sponsor, no matter what was in the past. Current income is what counts.

[aaron2020 11,651]

Income from a prior job does not count. You are not understanding the financial requirement. The entire purpose is to show you can support the intending immigrant from your job. The income from the past 3 years is to show how stable your income has been.

You do not qualify to be the sole sponsor for your wife since your current income is zero (you have made no money from your current job freelancing).

It is necessary to have a Joint Sponsor for your wife.

[slowlyman 118]

Being self employed myself. I provided no proof of current income. Only three years tax transcript & bank letter indicating balances & transactions over the previous 12 months. If you met the 125% requirement over the last three years, that is all you need.

Do not lie about your employment status.

Now, that being said. There are some practical considerations. When you file for AOS you will be signing a binding contract stating you take full financial responsibility for your fiance / wife. With no income, a reasonable person would assume you can not do this.

Again purely practical. Your new fiance / wife will not be able to work until she has the EAD. She will not be eligible for any public aid. How will you deal with health insurance or medical care should something unforeseen happen? Also, don;t underestimate the expense of getting a new person set up in your home. It adds up believe me.

Realistically, you need a sponsor for the AOS and a financial plan for your life together.

Edited October 6, 2013 by slowlyman

[jneiku 0]

thanks for all the replies!

I'd like to clarify further, so it seems that:

- if I file the form as self-employed, in current income field, I cannot put the amount I made working this year at my previous job?

- if I file as unemployed, then in current income field, I also cannot declare the amount I made this year from my previous job?

the reason I actually quit my job is to go traveling with my wife and wait until all the documents are ready for us both to return to the states.

however, if I understand correctly, I cannot declare this year's income in "current income" filed, because I no longer work for the same company? that just seems a bit unreasonable, what if I had a life style where I worked half a year and traveled the other half, being more than able to provide for myself and my wife? but because I wasn't employed at the moment of filing the AOS form, the money I had made that very year becomes irrelevant?

[jhunjhun 7]

thanks for all the replies!

I'd like to clarify further, so it seems that:

- if I file the form as self-employed, in current income field, I cannot put the amount I made working this year at my previous job?

- if I file as unemployed, then in current income field, I also cannot declare the amount I made this year from my previous job?

the reason I actually quit my job is to go traveling with my wife and wait until all the documents are ready for us both to return to the states.

however, if I understand correctly, I cannot declare this year's income in "current income" filed, because I no longer work for the same company? that just seems a bit unreasonable, what if I had a life style where I worked half a year and traveled the other half, being more than able to provide for myself and my wife? but because I wasn't employed at the moment of filing the AOS form, the money I had made that very year becomes irrelevant?

It is way safer if there is anyone in your family ( or doesn't have to be a family member) who is willing to back you up as your joint sponsor considering your current income position right now to avoid unnecessary delays. Good luck!

[jneiku 0]

thanks!

we're planning to use a joint sponsor, someone from my wife's family, with a solid income.

however, I would like to file the AOS form as Unemployed and for "Current Income" field, put down the amount of money I have made this year from my previous job?

do you know if that would be sufficient or is there a chance of her being denied?

if there's any chance of denial, I would instead prefer to be safe, and get a new job instead of filing the AOS now.

if I were to get a job it would only be in April, (I'd like to finish our trip first), so I'm not sure if the NVC is ok with having such gaps between us sending them the necessary forms and paperwork.

many options on the table, trying to calculate the best move here

[slowlyman 118]

Nobody said you can't claim your income from this year. But, the form asks for last years tax transcript. That is really the only verifiable income. You can "say" you made a million dollars in the first four months of this year. But until you file your 2013 returns it's just your word. Do you see the problem?

I think you are playing with fire by filing as unemployed.

You mentioned you plan to use your wife's family for the sponsor. I guess I'm not clear on who is the beneficiary. You or your wife? The sponsor needs to be a USC. If your wife is the beneficiary and her family member is not a USC you can not use that person.

"many options on the table, trying to calculate the best move here" There really are no options. You need to show proof of income at or above 125% of poverty in 2012. You do this with tax transcripts, bank letters, and employment letters. If you don;t have all of these items you need a USC sponsor.

Edited October 8, 2013 by slowlyman

[jneiku 0]

My wife is the one who's immigrating. the joint sponsor is her family and a United States Citizen.

I have filed taxes for the last three years. I meet 125% requirements for: 2012, 2011 and 2010.

So now it seems like I can either:

A. File as unemployed and list my income for 2013 so far (I can even provide bank statements)

or

B. Wait until April to finish our trip and return to the States and get a new job. And only then file the AOS

or

C. File as Self-Employed and pickup projects while I travel. As slowlyman mentioned, it seems that the last three years are those that really matter, though I'm still not sure what I can write into "Current Income" all of this years earning or only those made with freelance projects?

It seems though that filing as unemployed doesn't really demonstrate any future income, so I'm probably better off waiting until April?

[slowlyman 118]

If you wait until April, it will be another year before she gets here. If your sponsor is a USC, why not just file with the sponsor and get the process started? If you file now, you may have her here by April.

Edited October 8, 2013 by slowlyman