FOR GUILLERMO There is someone doing an AOS based on marriage to a US Citizen. The question I have is related to the US

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Customer: FOR GUILLERMOHello sir. There is someone doing an AOS based on marriage to a US Citizen. The question I have is related to the US Citizen sponsor who owns a Corporation and has not been filing tax returns since 2017 (that was his last tax return). He is in the process of getting his 2019 tax return done now, but my question is regarding the 2018 taxes which he did not file just because he didn't want to.Is there possibly going to be a problem because he did not file his 2018 tax return? On the I-864, on the page where it says to list total income from 3 most recent tax years can we put something like:2019: ____(amount on return)
2018: (blank)
2017: ____(amount on return)

Answered by Guillermo Senmartin in 3 days 2 years ago

Guillermo Senmartin

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Guillermo Senmartin, Expert

Yes, of course. He has to explain why he didn't file. You can list it like that, but if you read the form and the instructions, they ask for an explanation. So he has to give one or an accountant does. Will it cause a denial? Not sure, but most likely, unless he can show a very high income and lots of proof of it. Let me know if you need anything else, but please do not forget that positive rating, or at least leave me a "Thank you" note. Thank you for your understanding!

Customer

Let me ask you a follow up. Do you know if the person is self-employed, is the income that is used to see if the minimum is being met ---- is it the "line for total income" on the 1040? Because that's what the instructions state but then I found this web site below which says it is actually adjusted gor net income. It says: "Self-employed sponsors have additional duties. Remember that it is adjusted or net income, after deductions reported on Schedule C (Profit and Loss Statement), that controls. "https://cliniclegal.org/resources/ground-inadmissibility-and-deportability/calculating-income-affidavit-supportI trust your opinion more than this source. What is the actual income they care about from the tax return for self-employed people?

Guillermo Senmartin, Expert

That source is usually good.

Customer

But the instructions state total income, which is line 7b on the 2019 1040.The problem with this case is that the adjusted income would be much lower than the min. required but the total income line 7b is more than needed.Do you know from past cases which one USCIS cares about for self-employed people for certain?

Guillermo Senmartin, Expert

You should always go by the instructions because those are supposed to be the most updated. If for self-employed, they want total income, then use that. But if the instructions state adjusted for self-employed, then you have to use that. I go by the instructions.

Customer

The instructions and the source above are not in accord. So I will take your viewpoint and go with instructions which state:
"For purposes of this affidavit, the line for Total Income on IRS Forms 1040 and 1040A will be considered when
determining income."I've reviewed the entire instructions several times now, and there doesn't appear to be anything states which differentiates regular employment from self-employment. So perhaps it is just the total income line 7b from the 2019 1040's which they care about.

Guillermo Senmartin, Expert

All I see is at the bottom of page 8 on the instructions. Not sure what else I can tell you.

Customer

its page 9 which states "For purposes of this affidavit, the line for Total Income on IRS Forms 1040 and 1040A will be considered when
determining income."

Guillermo Senmartin, Expert

Ok. Then use Total Income.

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