matty29

Dear all,

Thank you for all the great post that are on this forum, I have a couple of questions that I would like to put forward as I am not sure if I can make this work…..

I am USC my wife is EUC we have two kids born in Europe, As Europe is in a bit of a crisis as you know we have been looking at moving to the US. We have been reading here and we have send off the I 130 just a couple of days ago.

As we are preparing for the next face of the process we came about some questions regarding the I-864, We where planning of opening a Restaurant as we are both from this industry and have some savings (not a lot) now here comes the question.

If we would open the Restaurant lets say in the next two month how will I be able to prove income as the business will not have filed a single tax return……??? Would having my own business be a option and how would we prove that I will make sufficient money to sponsor my wife…….???

I have been thinking of putting my self on the payroll of the restaurant and getting a contract as the Restaurant will be run by our LLC so technically not not by us as the LLC is a legal entity by its self and we are just members of the LLC....

I have income from Europe until we can go to the US but to my understanding this will not qualify….. I did do tax returns but before I get my tax return of 2012 it will be almost September October (has been like this last couple of years)

1: Can having a own business be sufficient to sponsor my wife (no tax returns from last 3 years)

2: If I put my self on the payroll and draw wages is this considered legal practice ?

Also how do we calculate the sponsor amount needed as our kids fall under the Child Citizenship Act of 2000 and are exempt of having to be sponsored. Would I them have to calculate a 4 person household ? Me + Wife + 2 kids ? would this be 52,000 US Dollars income needed ?

Thank you for your help !

Matt

Noorah101

Yes, if the business is either located in the USA, or the income will continue from the same source once YOU move to the USA.

Regarding the tax returns, if you've been working outside the USA, you should have been filing a personal US tax return each year, that is all you need for the I-864.

I believe so.

Your kids are included in the household size, yes. So if it's the four of you, it will be a household of four, correct.

Go to www.uscis.gov and look at the I-864P form. Look at the 125% column for a household of 4. That is the amount of income you need to have. If you don't have that amount of income, you can use assets which equal 3x the amount you are lacking in income.

Can you explain more about the restaurant? Will it be located in the UK? Will it continue to run after you move to the USA? Will you strill draw an income from it after you move to the USA?

Rene

matty29

Thank you for your help ! but if i start our business let say today how will I prove income from the business..?

So if i understand you correctly i can use my last tree Us tax returns of income i had from Holland to prove my income for the I -864 ?

Sorry but we want to start a restaurant (is not yet done)

Thanks

Noorah101

Just to clarify, you will be starting the business in Europe, correct? And you will keep it running even after you move to the USA?

If that's the case, then you will need to show some kind of proof of current income by the time the visa interview comes around (I assume you are all together in Europe at the moment, and the I-130 was filed locally there?) Of course if you start the business today, you probably won't be able get paper proof of income for a while, so you'll have to be diligent in keeping records, or if you're paying yourself from the business, wait until you have a few pay stubs to show.

By the way, assuming you will keep the business running even from the USA, you can only use the PROFIT from the business on the I-864. Unless you are paying yourself, then of course you have a paycheck to show.

No, the past tax returns don't show current income. It's just a requirement that the USA present at least the most recent tax return, and sometimes the ConOff asks for the most recent 3 years, so have them ready.

Rene

matty29

Hi Rene thanks,

yes we are in Europe at the moment and want to start the restaurant in the US... we do not have it as of yet...

The best thing to do I think is to put myself on the payroll and pay myself a good income to be able to sponsor my wife...

Thank you again

Noorah101

OK, thanks for clearing that up. So the restaurant will be in the USA, and you will draw a salary from the business. That sounds do-able. Of course it will take some time to get that done, but as long as you have the restaurant up and running, and have a few pay stubs to show by the time of the visa interview, it should be OK.

I should mention, though, that if the business is that new, the ConOff *might* not accept it as sustainable income just yet. Be prepared with a joint sponsor's I-864 just in case.

Rene

jeffreyhy

I don't think this brand new restaurant LLC paying him a salary is going to fly.

He needs a joint sponsor.

Regards, JEff

matty29

Hi jeffreyhy,

Could you explain this a bit more ? How would I be able to make it work....

As we have been looking at a joint sponsor but I do not have relatives in the US (Big problem)

How could I let the business work for me in this case ?

the problem is if I use my savings and put them in my bank account at this time to be able to show that I can sponsor my wife i would not be able to take the restaurant until we have the interview and that could take up to 8 month if we are unlucky.

would appreciate your input !

Noorah101

The joint sponsor does not have to be a relative. It can be anyone who is a USC or US PR, age 18+, living in the USA, who earns enough for their own household size plus the immigrant.

You (the USC) can come to the USA immediately, open the business, and get it running. That way, you'll have 6 months or more of pay stubs to show when it comes time to submit the I-864. That's better than only a few pay stubs. However, for a business, anything under 1 or 2 years might still be considered "new" to the ConOff. Owning your own business is never quite as stable as being employed by others.

I suggest coming to the USA, getting a "regular" job at the income level you need to show support. Work at that job until the I-864 is due, show that income on the I-864, and my guess is that the ConOff will consider that more stable than a brand new restaurant business. Once the rest of the family moves over, then you can dedicate your time to opening the restaurant business.

Do you have 3x the amount you'd need in income right now in savings? By all means, use this as an asset on the I-864! This will be your best guarantee of an approved I-864. Once you are inside the USA as a family, then you can concentrate on opening the restaurant.

Isn't it better to be secure on the I-864 and make sure the Immigrant Visa is issued, rather than be in a hurry to open the restaurant?

To sum up, the 3 ideas I have, in order of my preference would be:

1. Get a joint sponsor.
2. Use your savings as an asset.
3. Move to the USA ahead of time and get a regular job.

Rene


would appreciate your input ![/QUOTE]

jeffreyhy

Is this an established restaurant with a financial history that you'll be taking over? Or is it something new that you'll be starting up? If the latter, I think you'll be on shaky ground, yet you seem to be convinced that the restaurant will be making good money from opening day? Exactly. Regards, JEff

matty29

Hi Noorah101,

Yes you are right... we should look at it from that point thank you for all your advice ! Its greatly appreciated.

kind regards

jeffreyhy

The thing is, the savings can only be spent once. He can spend it getting a restaurant business going, or he can spend it supporting his family. Unless this restaurant turns a profit from Day 1 he's likely to 'starve' either the business or the family.

Regards, JEff

Noorah101

Here are a few more things to think about, in the long run:

1. If you sink all your money into opening a restaurant right now, what will you live on when you first arrive in the USA?

2. If you are the business owner, what will you do for health insurance for the family in the USA? It would be prudent to get health insurance in place *before* everyone arrives in the USA. That would mean you coming here first and securing employment/insurance.

You might have to put the restaurant idea on hold for a while until you get through immigration and get settled somewhat in the USA, then take stock of your funds and location, etc., to see if a restaurant there is viable. It sounds like you haven't lived in the USA for a while.

Rene

matty29

Hi Rene and Jeff,

Jeff thats the way I was looking at it. I have to find something to feed my Fam off when they come to the US. Not only get them here and then look what we are going to do but have a purpose for going to the us.

We have been working on the Restaurant for some time and i would not need all my savings to open, so will have some back-up money for when the Fam comes over.

All people that open a business believe that it will make money from day one if not you should not go into business I think.

Rene I got citizenship from birth but I always lived in the EU.

Health insurance is covert, and is double covert by our Dutch insurance especial for people immigration to the US have 12 month insurance for the US for them.

Yes i would have to pay my own in the US. Or the Restaurant will have to do that.

But how could I convince the ConOff, or what are the exact requirement for stable.... as for me a business that makes profit in this economy is stable, and more people are loosing their job from what is considred a stable job, people that have been working for 35 years for the same company are getting the kick up the *&@#s at the moment. Going off topic here sorry

kind regards

Noorah101

Your savings sitting in the bank right at this moment is THE most stable source to show on the I-864. As long as it's 3x what you would have needed in income.

What exactly is your plan? Are you (the USC) planning to come to the USA ahead of the family and get the restaurant opened and the business started? Is it a brand new restaurant? Is it an existing restaurant that you will be taking over (buying from an existing owner)? It's really hard to guide you without knowing these details.

If it's an existing restaurant, with a good history of turning a profit, that will be a much more stable business than if you're opening a new restaurant from scratch. I know you're planning to pay yourself from the business....if this is the case, all I can say is the more pay stubs you have to show, the better. I can't speak for the ConOff, but all I can say is it would be wise to have a joint sponsor lined up, just in case the ConOff does not consider the business a sustainable income just yet.

Rene