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Sponsor/Immigration/Adjustment of Status

Seattle, WA |

My wife will be my Sponsor for the Sponsor Application Process with the Immigration. She does make more than 125 percent of the Poverty rate but she needs to show her last three years of Federal Tax Return and one of the years she did not make enough money and then the other two years she did. As a self employee that happens. So what should we do? Could that be a problem? Thanks!

Attorney Answers 3


If USC wife meets the financial requirements of the Affidavit of Support, then all she needs to do is provide her last year's tax returns (only!). Note that Self-Employed individuals cannot provide W2s or pay stubs, nor employment confirmation letters to attach to the Affidavit. Consequently, she will need to provide her business license (if she has one) an at least 6 months worth of business bank account statements, to show money coming in into her business. If a sole proprietorship instead of a corporation or LLC, then provide "Schedule C" of personal income tax Form 1040.

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The USCIS looks at current income primarily and at the total income as shown on the most recently filed federal income tax return statement. The most current year is given the most weight. It should not be a problem, if her most recent tax return is above the poverty income guidelines. Otherwise, you may consider using a joint sponsor.

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Although she only needs to provide a copy of her one most recent year's return, she may need to put information about 3 most recent years on the form. To feel more prepared in the unlikely event it comes up, just get a letter from her CPA or tax preparer that she didn't have sufficient income to be required to file that year. It is true, though, that what matters is her current income.

This reply is intended only as general information and does not constitute legal advice in any particular case. This reply does not create an attorney/client relationship.

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