affidavit of support income requirements question

[Chulitna]

Hello,

I am new to this forum and joined it to ask for help. We are in a tricky situation and i hope I find answers for us here.

Here is my question:

I found information on few websites that provide info about free housing that could be counted as income. It says income that is not subject to taxation could be also counted as well as taxable income. I found that we will need to prove the nature and amount of any income that is not included as wages or salary and further I found this could be shown on w 2 form in box 13, form 1099 or other documents that show the claimed income.

My husband lives on site where he works. The employer provides free apartment as a part of his work agreement. However when asked the employer said he can not put that on the W 2 form because it is not counted as income. My husband was left with the impression it is counted as income because the original work offer was to lower my husbands pay and provide him with free rent instead and he has a letter from the employer explaining and he was asked to sign it but it is not an official paperwork. However now we were told that per his employment agreement he is required to live on site and it is also written in his work agreement, the employer has done that so he can avoid problems with IRS. Which again explains why he can not give us proof that this is part of my husbands income and includes it on my husbands W-2.

Now my question is. If we have a copy of the work agreement that states my husband is obligated to live on site but not pay rent, and a copy of the rental lease that shows since what date we live on site plus an official letter that quotes the rate for the apartment unit we live in per month and then we add the unofficial letter that my husband signed that explains the lowering of his pay because of moving to live on sight plus 2 paycheck stubs that show that change of pay do you think this could be counted as enough documentation to count it as income.

Our problem consist of the fact that if he was getting paid the regular pay he would of go more than 125% of the poverty level but because of this agreement /which he was convinced is going to be counted as income/ he is not able to cover it.

Also additional question is, if the employer does not want to write a letter of employment can 1 year of pay stubs cover this part of the requirements.

Thank you so much for your time any help will be appreciated so he knows to collect the paperwork on time.

Have a nice day

 

[ananga73]

I understand your frustration however I do not expect you will be successful. If you want to claim the rental amount as income, then it must be taxable and the W-2 must be corrected accordingly and the correct tax paid.

In effect you cannot eat your cake and have it. The IRS and USCIS are two arms of the same federal government and methinks one cannot claim an income level with one agency [IRS] which is beneficial [smaller income and thus less taxes] while claiming a higher income level with another agency [USCIS] to claim the benefit for higher income while not having paid the commensurate tax. When dealing with USCIS, making their lives as easy for the reviewing officer as possible is in your best interest.

About substituting one year of pay stubs for the employment letter, that is possible though it is not guaranteed to be successful. One USCIS would find it perfectly acceptable while another would go by the letter of the law and RFE for the employment letter. It is not black and white. An employment letter shows ongoing employment as of the time of the application while hypothetically with the paystubs, employment may have been terminated subsequent to the last check but prior to the application.

Overall, not too much harm in trying except a delay although be be prepared to have a Plan B if/when you are rejected and an RFE issued.

Cheers.

Hello,

I am new to this forum and joined it to ask for help. We are in a tricky situation and i hope I find answers for us here.

Here is my question:...................... do you think this could be counted as enough documentation to count it as income.

Also additional question is, if the employer does not want to write a letter of employment can 1 year of pay stubs cover this part of the requirements.

Thank you so much for your time any help will be appreciated so he knows to collect the paperwork on time.

Have a nice day

 

[Jackolantern]

Savings and other assets can be used to cover the income shortfall.

What kind of case is it? Is he a US citizen filing for his noncitizen spouse? If yes, every $3 of assets reduces the required income by $1, so for example if his income is $1000 below 125% of the poverty line, $3000 of assets would make up the difference. Assets from both spouses count.

For other family cases the ratio is 5 to 1, for example $5000 of assets would offset a $1000 shortfall of income.