frank09

no worries! Thanks for the other answers

meauxna

Your father is your JOINT Sponsor; if you use the correct terms, it will be easier for you to find the answers in your forms and instructions.

Dependents are not the first thing asked for; you must go through this very carefully, and not shirk because yours are zeros.. you've got to help Dad with this too. Your mother is not your father's dependent. She is his Household Member.

Your math makes sense to me, just check carefully if Dad has any actual dependents (your siblings?). If your parents file income taxes jointly, there will be at least one more step to do to either include your mother's permission to use her income (I-864A) OR to isolate your father's income (W-2s).

Encourage your father to order his income tax transcripts and tell him not to forget proof of his US citizenship.. passport or birth certificate.

frank09

thanks mea, what do u mean by breadcrumbs? (sorry, i know i'm an academic but quyite technically thick!)

frank09

No siblings at home. Mum doesn't work. I'm waiting to get a copy of my dad's latest tax return in the post, but from what I understand is he's self employed and as my mum doesnt work its just him filing a tax return. Does my mum not count as dependant?

meauxna

breadcrumbs are the nested links.. if you read my example and follow the links on the Embassy site, along the right side of the page, see if they match.

meauxna

Well first of all, please encourage your mother to review the Social Security rules for her own benefit and see if she needs to do anything so that she will earn some SS credits in her own name (I grew up in a family business too).

"Dependent" has a specific legal tax definition here; I won't try to quote or look it up but it's minor children (under 18) for example. Your mother IS your father's household member and needs to be counted. "3" is still the corerct answer, just the wrong terminology for mom.

frank09

Thanks, will speak to mum about that!

So, I'm on the right track then with the I864's then. And checked the links and I got to the right page. So now I need to wait for contact from the embassy.

btw, what did u mean that the london embassy isnt DCF??

meauxna

Super, and thanks for repeating back in your own words. I always feel better if I think I've been understood.

DCF is short for Direct Consular Filing. This is a special process for US citizens, resident abroad, who need to have a petition approved so their family member can apply for a visa.
Petitions are approved by USCIS and their offices are mostly in the US. They give special permission to Consulates to accept I-130s in some cases, and approve them, even though they are not being approved by a USCIS employee. So, when a USC files I-130 at the US Consulate where they live, that is Direct Consular Filing.

USCIS does have several overseas offices, they are called Overseas Field Offices. In a country that has one of these offices, the Consulates do not have to do the 'DCF' method because the USC files his I-130 with the USCIS office serving his residence. London has a USCIS Field Office.

Even though they are in the same building ("The Embassy") USCIS and the Dept of State that issues visas are two different agencies/departments. So, in London, you are not doing "DCF", you're just filing at the overseas office.
BUT, since DCF isn't an official term anyway, something like NOA1 that internet people made up, we use it a bit loosely.

I dont' even know if that is understandable!

frank09

Ah I think i get it. As London has a Field Office its processed by them rather than the embassy being the agent for the USCIS

meauxna

Yes!

Makes no difference in the end product, mind you. It's just a whole heck of a lot faster than other methods.

Noorah101

Make sure dad is using only his own personal income from the business on his I-864...not the total business income. And since he's self emplyed, he won't have W-2's, but will probably have 1099's instead. Better yet, have him get IRS tax transcripts, then he won't have to include W-2's or 1099's.

Dad's personal income is calculated by doing this: Total Business Income per year minus Business Expenses (claimed as deductions on his tax return) equals his personal income. Let's say he has $30,000 income from the business, but he has $20,000 in business expenses. His own personal income (profit) would only be $10,000, so he wouldn't qualify if that's the scenario. His own personal income (profit from the business) has to meet the poverty guideline.

Also, his tax return is not proof if his *current* income. He will need to show something that proves he's currently earning that income.

Rene

frank09

Rene. I didn't realise that he has to "prove" his income. I couldnt see anywhere on the form that it asks for that. As I understand it, he is self emplyed as a Realty Manager. I amwaiting to get a copy of his return to see all the exact figures and so will give those figures over when i get them. But what do I get from his as "proof" of income?

frank09

Ah here it is:
You may include evidence supporting your claim about yourexpected income for the current year if you believe thatsubmitting this evidence will help you establish ability tomaintain sufficient income. You are not required to submitthis evidence, however, unless specifically instructed to doso by a Government official. For example, you may includea recent letter from your employer, showing your employer'saddress and telephone number, and indicating your annualsalary. You may also provide pay stub(s) showing yourincome for the previous six months. If your claimed incomeincludes alimony, child support, dividend or interest income,or income from any other source, you may also includeevidence of that income.

Noorah101

I'm not sure what a self employed person can use as proof of current income. If you read the I-864 instructions, it does mention that they need to see proof of current income.

Employees of a company can get a letter from their employer stating their position, how much they earn, etc...plus they will have regular paycheck stubs to show earnings.

Not sure what your dad can show..you'll have to get creative.

Rene

frank09

Although it says your're not required to submit that evidence unless asked to do so by a government official..