Davethegoat

Thanks very much everyone, i was hoping that i was correct with the issue with splitting earnings and assets. Thats still giving me some hope but still alot can go wrong.
She lives in florida and correct she wont be able to leave the state. Ive had a look at jobs and their is a fair few that i could apply my limited skills too so i dont think i will have a problem once there.
Again thank you all very much. Time to do more research in this already long battle that hasnt even started yet. Wish me luck

Davethegoat

Nope it ALL OVER. she has just got back to me with this years salery figure so far which stands at $11000 as most of her pay is cash tips. This means id have to find about $72000 in cash which is never going to happen. Im destroyed as i cant think of any other way. We cant think of anyone who would agree to joint sponser either. Looks like we cant be together ( after 2 years of dating and flying back and forth )

Noorah101

Is her income $11,000 INCLUDING the cash tips? The cash tips are still considered income, and should still be reported on yearly tax returns. Please verify.

Rene

Davethegoat

No. The $11000 is the monet paid by her boss

Davethegoat

When they look at salery do they look at just the past year or last 3 years? She has 3 young kids and has been caring for them most of it. She is only just thia past year starting to work part time again and is looking to up her hours next year and onwards

Davethegoat

As a second thought, as i have stated she is still legally married so does her ex's tax return have anything to do with her previous tax returns ( and this years ) as that was a joint household?. Then from january if she ups her work that can help for 2018 tax return. Feel so sad, lost and confused right now

tom169

Does she have a US citizen or Legal Permanent Resident friend or family who could be a joint sponsor?

Regarding tips, it sounds like she's not declaring the income to avoid tax.

Noorah101

Well, then she needs to declare her Total Income, including tips. Sounds like she isn't properly declaring all her income.

How much is her income including tips?

Rene

Noorah101

They look at current income. The proper thing for her to do is to declare both her payroll checks and cash tips.

Rene

Noorah101

No, her ex's tax returns don't have anything to do with anything. It's her individual current income they will look at.

Rene

Davethegoat

Not sure what she earns in tips but i will ask. So as we are still going through devorce and have time do you think its best to start declaring tips from now on so this next year will look better? Instead of back tracking?

Davethegoat

Still looking at the joint sponser issue, i have an uncle who lives in US but we are not close ( the odd facebook comment ) dont know how the hell you ask someone such a big question like that. Am i right in saying you are asking alot of someone to be a sponser?

Rete

Yes, you most certainly are. The affidavit of support (I-864) is enforceable and it can only be cancelled if:

1. You have earned 40 working quarters of social security (usually 10 years);

2. If you become a US Citizen;

3. He dies and his estate is settled;

4. You die;

6. You voluntarily relinquish or you are stripped of our green card and leave the US.

Noorah101

Not only is it "best", it's the legal thing to do. So far, she hasn't been reporting all of her income to IRS as she should be. Next April, when it's time to do her taxes, she should report ALL income.

Rene

Noorah101

Go to www.uscis.gov and read the I-864 form and instructions. Then you'll know what you are asking of someone.

The joint sponsor doesn't have to be a family member. She doesn't have any friends to help?

Rene