Someone posted to me about this already but I can't for the life of me find the original post.... HELP.

Ok, if Tan gets his interview in 2009 (even Jan 2009) I will have to show my tax return for 2008 - RIGHT?

If so, how do I generate a tax return for 2008 that quickly? Is there some other statement of proof that will double for an actual tax return? Someone said there was a legal form my employer could give me as fast as Jan 2, 2009 that would work but I can't find that post .... ARGH.

Also, I am getting invoiced with 1099's instead of a w2 ... does that count just as good as w2? I am going to be doing some work for a company I worked for for the past 9 years (not much work in 2007) and it should make around $30,000 total for 2008. What will I need to give Tan to take to the consulate for his 2009 interview?

Thanks all in your help weeding through this tangled web!
ILOVETAN

Thuy

If Tan has his interview before the IRS can supply you with a tax transcript for 2008, you will have to submit your tax return for 2008 with your 1099s since you're not getting W2s.

If Tan has his interview in January or February, You will need to have your employer give you your 1099s asap after December 31, 2008. Then you have to fill out your 2008 tax return in time for his interview.

If Tan has his interview later say in March, and you filled your tax return in January, the IRS could supply you with a tax transcript which is what the Consulate likes to see. Then your 1099s, and tax return aren't required but you can still submit them.

1099s are for independent contractors (self employed) so depending on what your job is, you may need to have a business license. The Consulate requires a business license if you are self employed. If you file a Schedule C for your taxes, you are self employed. (for example, I have a retail business license since I sell music/computer gear). There are many self employed jobs that don't require a license, If you live in Los Angeles you can find out if you need one by clicking here: http://ttc.lacounty.gov/Proptax/Business_license_list.htm If you outside of the city of Los Angeles you have to check with the local government to find out for sure. Chances are the list of businesses will be the same.

If you have an accountant, they will be able to do your taxes, making sure you have filled all the correct forms and schedules. Myself I use tax software which usually available before the end of the taxable year, ie 2008 tax software comes out in October 2008 or so.

You should download the I-134 form since that is what he will need you to fill out, as well as the supporting documents, which is your tax return/transcript and anything else needed.

Peter and Thi

I-129F Sent : 2007-05-26
I-129F NOA1 : 2007-06-11
I-129F RFE(s) :
RFE Reply(s) :
I-129F NOA2 : 2007-10-26
Touched: 2007-11-02
NVC Recieved: 2007-11-16
Consulate recieved ??????
Packet 3 sent 2007-12-11
Packet 3 received 2007-12-24
Packet 3 returned 2007-12-28
Packet 4 sent 2008-1-14
Email Reply with Interview Date 2008-1-23
Interview Date 2008-2-27
Passed Interview 2008-02-27
Visa Pick Up Date 2008-3-05
Received Visa 2008-2-29 (called to pick up earlier)
POE 2008-3-05 Los Angeles
Wedding 2008-4-26

Yes 1099 proves income just like W2 does, W2 is issued in cases where a person works for an employer, 1099 tends to be issued in cases where a person is not an employee but is an independent contractor.

Another thing you can use are IRS transcripts they substitute nicely for (1040/1099/W2)

http://www.irs.gov/faqs/faq1-6.html

Would I be better served if I filed my taxes QUARTERLY?

Also, this employer is willing to sign a 5 year contract with me stating that the work will be solid for 5 years, same income plus bonuses paid. Would this be necessary and/or advantageous?

Thanks again all
ILOVETAN

Yes that would be excellent, the consular officer is concerned with how you will support the prospective immigrant after they enter the USA, so a 5 year contract will be a very powerful evidence of support.

You don't file your taxes quarterly, you pay estimated taxes quarterly if you are self employed. If you don't file quarterly and you owe additional taxes when you file your return, you can pay a penalty. The Government likes having your money sooner than later........
Peter and Thi

I-129F Sent : 2007-05-26
I-129F NOA1 : 2007-06-11
I-129F RFE(s) :
RFE Reply(s) :
I-129F NOA2 : 2007-10-26
Touched: 2007-11-02
NVC Recieved: 2007-11-16
Consulate recieved ??????
Packet 3 sent 2007-12-11
Packet 3 received 2007-12-24
Packet 3 returned 2007-12-28
Packet 4 sent 2008-1-14
Email Reply with Interview Date 2008-1-23
Interview Date 2008-2-27
Passed Interview 2008-02-27
Visa Pick Up Date 2008-3-05
Received Visa 2008-2-29 (called to pick up earlier)
POE 2008-3-05 Los Angeles
Wedding 2008-4-26