Tax return transcript for I-864

[mannci]

What is the name of your state? Florida
My wife is sponsoring me for green card. She is self employed. And she doesnt have w2 or 1099. Is a 2006 IRS tax return transcript sufficient to prove her income? She doesnt have any pay stubs either. Should I start looking for a joint sponsor or they are going to accept her as my sponsor? And also in 2005 she had no income, so she did not file taxes and in 2004 she was claimed as a dependent.
Thank you

 

[ImmigAttyLana]

If her income is sufficient, then you do not need any co-sponsor. That is the first question. If she has a 2006 tax return and can document where the income came from (invoices, etc), if need be, then it should suffice. She may need to provide, in addition to the invoices, of if she does not generate those, copies of her bank account deposit records, etc.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[mannci]

I-864

She made $24000 in 2006 which is above powerty line for two of us. She can not generate invoices. So we are going to try to get the previous years bank statements. And we have the tax return transcript from IRS for 2006.
Is that ok that she has not yet paid the balance off to IRS?
And also She has an employer letter that she works at the place and she only gets paid tips. she is an entertainer.
So you think it is going to work?

Thank You
Sincerely
Tom

 

[ImmigAttyLana]

Yes, I think that should work out fine. As far as paying the taxes due to the IRS, if you have an extension granted for doing this, then you are fine, as long as a tax return has been filed.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[mannci]

I-864

Well we looked for bank statements, but she was not putting money in the bank. She used the cash whatever she made. Is the absence of bank statements going to make her sponsorship impossible? I read somewhere, that they can require the source of income only if we are below the powerty line as it follows.



USCIS ISSUES NEW MEMO CONCERNING AFFIDAVIT OF SUPPORT REQUIREMENTS
by Michael J. Gurfinkel, Esq.

If the sponsor's tax return demonstrates that the sponsor's current income is at least 125% above the Poverty Guidelines, then the affidavit of support is sufficient, and the officer does not need to request any further evidence. The adjudicator should request additional evidence (i.e., employment letters, pay stubs, or other financial data from the sponsor) only if the sponsor's tax returns reflects income below the Poverty Guidelines.

Is that true?

 

[mannci]

I-864

This is the official memorandum from USCIS for the change of I-864

If the information on the tax retum establishes that the sponsor's current income meets
the threshold set forth in the Form I-864P, Poverty Guidelines, the adjudicator shall determine
that the Form I-864 is sufficient without requesting any further evidence. The adjudicator should
request additional evidence (i.e., employment letter(s), pay stub(s), or other financial data) only
if the tax retum reflects income below the Form I-864P, Poverty Guidelines and the record does
not already contain additional evidence that would establish the sponsor meets the current
income requirements. The adjudicator should also request additional evidence (i.e., employrnent
letter(s), pay stub(s), or other financial data) if there is a specific reason (other than the passage
of time) to question the veracity of the income stated on Form I-864 or the accompanying
document(s).

Basicaly it is entirely up to the officer who handles my case?

 

[ImmigAttyLana]

If you have a letter from the employer/place where she works, describing what type of work she does and how she earns her living, that might be sufficient as well. It's hard to believe that she was only using cash and not depositing money into a bank account, but if that's the case, then you have to do what you can to show her income.