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  • Self-Employed Joint Sponsor Inquiry

    So our situation is a bit of a....yeah...lol

    We (my wife, myself and our 2-year-old) came to the states from Japan after living there for almost 7 years (we've been married for almost 5 of them) and our main purpose was to a 2nd opinion on treatments for my cancer. I was diagnosed in February and we barely got into the U.S. as it was doing its initial lockdown in March. By the time we went through our self-quarantine and finally got to see the doctors to have them give their 2nd opinion, Japan was locked down to anyone coming in that wasn't a citizen. So going back wasn't an option and so we began treatments ASAP. The treatments finished in June.

    My wife is from the Philippines and so is in the states on her multi-entry, B2 visa. We figured we would do an Adjustment of Status after finding out that post-treatment I am to have a lot of follow-up appointments to check that the cancer has been successfully treated.

    We think that the initial I-130/A forms are pretty straightforward. As for the I-485, it is also kinda straightforward but when it comes to the I-864 (and I-864A) it's a little more difficult for us.

    My father is going to be our joint-sponsor and he is a self-employed truck driver. Also, he files his taxes for the year jointly with my mother (her being the reason for the I-864A). Question: Which forms are going to be needed for his tax returns for the past 3 years? (ex. 1040, 1040 Schedule C, 1040 Schedule 1~4, etc.)

    Any other advice on how to file any of the forms for our particular situation (I-130, I-130A & I-485, I-131, I-765, I-864, I-864A, I-944 and G-1145) are especially helpful and appreciated.

  • #2
    If your father uses the tax return transcript, then no additional forms are required. If he uses the actual forms of his tax return, then he will need to attach all scheduled and other forms, including W-2 and 1099. Your mother doesn't need to do I-864A unless your father's own income is insufficient (but if your mother doesn't do I-864A, your father needs to attach W-2 and 1099 even if he uses the tax return transcript).

    You as the petitioner have to fill out an I-864 too, even though there is a joint sponsor.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      I see. Good to know.
      He has only his actual return so I guess we'll be packing up all of the forms together for that part of the filing. Thank you for the explaination.

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      • #4
        He can get tax return transcripts for free from the IRS.

        This is my personal opinion and is not to be construed as legal advice.

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        • #5
          I'll relay the message. I think he is hesitant because he doesn't want to be on their radar for anything so he wants as little contact with them as possible. (He's one of those paranoid kinds of people lol)

          As for me filing the I-864, do I still fill it out even if I have to do an exemption letter? I was supposed to have a job lined up when I got to the states but that fell through and I still have yet to find anything. I'm still in recovery from the treatments and haven't got the clean bill of health (September) so I've just been applying to remote positions. I've only interviewed for 2 positions here in the states. It's a feeding frenzy out there...

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          • #6
            I'm not sure what you mean by "exemption letter". Do you mean you didn't file tax returns for any of the last 3 years? If so, then you need to attach a statement stating that your worldwide income that year was below the threshold for needing to file.

            This is my personal opinion and is not to be construed as legal advice.

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            • #7
              That is exactly what I meant lol. It was referred to as being an exemption letter on another site I was looking for resources.

              Just to make sure, I'm calculating the total number of passport-sized photos we'll need for the packet to be:
              I-130/I-130A - 1 for each of us
              I-485 - 2 for her
              I-765 - 2 for her
              I-131 - 2 for her

              So a total of 7 for her and 1 for me. Does that sound right?

              Thank you so much for all of your help It's much appreciated!

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