I will have my marriage-based green card interview next months. My husband is my sponsor. He is self-employed and runs a small business himself, so he doesn't have W-2 or pay stubs. Besides his business registration, certification and the tax return, what other documents can he bring to the interview as the support evidence of I-864? Thank you so much!
The interview notice provides a list of evidence to be presented at your AOS interview.
I always prepare my clients for AOS and attend with them.
A consultation is recommended for further guidance and discussion.
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The USCIS is inconsistent in what it requires for evidence that a self-employed spouse has sufficient earnings. Usually the threshhold issue is to determine whether that spouse indeed is self-employed: when a person owns his own company and it is incorporated and it pays a salary, that may not be deemed "self-employed." In the context of a genuinely self-employed person, generally it is important to include such documents as the company's charter, business license, tax returns, bank statement (of both the business and of the owner -- showing both the income to the business and the actual payments to the owner), etc. The business's and/or owner's tax documents also may be important. If the documentation is insufficient, it may be possible to have a joint sponsor with more conventional evidence of income.
[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] David N. Soloway
The people who review the green card applications look at line 22 of your tax form 1040 (total income) and compare that to the federal income poverty levels. Make sure that the total income line in excess of the 125% poverty levels, otherwise you may need a joint sponsor. Other evidence that you might submit include bank statements showing regular deposits, cash register receipts, and accounting ledger entries that show income. Corroborating documents like state and local tax returns will also help.
I hope this helps.
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