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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28944
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I am filling Affidavit of support I-864 form spouse. I am

Customer Question

I am filling Affidavit of support I-864 form for my spouse. I am stated as dependent in 2015 Income Tax of my son and his 6year old daughter. So, son was head of household and his daughter and me dependents.
His total income from part 22 on 1040 tax form: 11k
I paid 120$ the AOS fee and now it's time to file I-864 for spouse.
We don't have anybody who could be our co-sponsor because I don't meet the income proof requirement. I am unemployed.
My son started his online business this year selling on Ebay, Amazon, Etsy etc. and he makes 5k/month. This is only income source he receives as self employed.
1. If I file I-864 and my son I-864A, can we meet the income requirement?
2. Is my sons' direct deposit bank statement enough to prove his income to qualify as a sponsor?
3. Is there a timeframe to fill the AOS after the fee is paid?
4. What documents should we provide in details?
5. If the USCIS rejects our AOS I864, what are our options? Send additional documents OR re-do new AOS paying new AOS fees?
Any additional answers in details would be helpful
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 1 year ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

You deserve an honest answer even if it is not an answer you want to hear.

Your combined income of $11K for a household of 4 is not going to meet the regulations which require $30,375

His income from his Ebay sales, etc will not be sufficient to support his claim that he makes the required income.

The direct deposits only show what he is paid for the goods. It does not show what he paid for them and the profit he made selling the goods.

USCIS will not accept that as evidence of income because it is not income after costs.

He has to have either an audited financial statement by a CPA which shows what his costs are and then shows what the net income is. Then he has to pay taxes on that income, self-employment tax, medicare taxes, social security taxes, etc.

Only after all that is deducted from his gross sales can he show what his true income is.

Also since it has only been a short time, NVC will not feel this is guaranteed income, that it will always continue at that amount.

You can use anyone as a joint sponsor. They do not have to live with you and do not have to be a relative. As long as they are a US citizen or a permanent resident and live in the US they qualify. It has nothing to do with you being unemployed.

You have one year from the date the case is sent to the NVC to complete the requirements of paying all fees and providing all documents, including the AOS.

When your I-864 and 864A are rejected you will have an opportunity to provide a joint sponsor.

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