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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28187
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Judith. Hope you're doing well. I went ahead and filed

Customer Question

Hi, Judith. Hope you're doing well. I went ahead and filed all of the paperwork for my wife's U.S. residency. I believe I submitted everything correctly but I got this letter stating that I need to submit some more evidence I believe. Can you please shed some light on this document? Please.Best regards,
Richard
Submitted: 8 months ago.
Category: Immigration Law
Expert:  Judith replied 8 months ago.
RichardI have reviewed our prior question threads and don't see any discussion about your income and assets or related evidence for the I-864.They indicate you did not submit your 1040.Line #37 on your 1040 must show the required income. You state it is $30K but you didn't provide any evidence.This link shows the income amount that needs to be shown as your adjusted gross income on line #37 of the 1040 based on the number of people in your household which would I assume be 2 unless the baby was born.https://www.uscis.gov/sites/default/files/files/form/i-864p.pdfJudith
Customer: replied 8 months ago.
Hi Judith,It's currently just my wife and son so I guess our total household would be 3. I went ahead and checked out my 2014 taxes and It is below the required income. But it's mainly because I'm paid with a 1099 and mostly everything is written off for tax purposes. I'm currently not earning what I was in 2014 and I have started my 2015 taxes but I haven't finished them because I figured it would be best to wait for my wife's SSN. Are there any suggestions? I noticed it says I can send bank statements, pay stubs etc... but do you know any other way? Should I submit my 2015 taxes with out my wife as a dependent?Richard
Expert:  Judith replied 8 months ago.
What is going to be the bot***** *****ne on the 2015 return?Being in business myself I totally get the tax write offs for business expenses, but in the end it is hurting you.So you have to make a choice to pay tax showing the required adjusted gross income or taking the deductions and having to get a joint sponsor.No way around it.There is no need to wait for your wife's SSN. She can file the W7 for a ITIN with the 1040 so you don't have to wait.Do you have substantial cash assets that are 3xs the amount of your shortage? Those assets would qualify.Or if you own your home and your mortgage is less than the assessed value for tax purposes and the equity is 3xs the shortage amount.Judith

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