Are monthly pay stubs that has no deductions such as federal income tax and social security tax ,are acceptable?

[ianandjan 0]

Hello Everyone, Please to anyone who has idea help me...I would like to ask is it normal in USA pay check stubs that does not have federal income tax deductions.medicare,or not even social security deductions? Because my fiance pay check stubs does not have deductions in his salary,now i am so upset because the consular officer might wonder why the pay stubs of my fiance does not have deductions... to anyone here who is holding a pay check stubs please help me ,tell me if its the same with my fiance?or to anyone who went to interview using pay stubs that has no deductions,did the officer approve your visa?

[piglett 16]

Hello Everyone, Please to anyone who has idea help me...I would like to ask is it normal in USA pay check stubs that does not have federal income tax deductions.medicare,or not even social security deductions? Because my fiance pay check stubs does not have deductions in his salary,now i am so upset because the consular officer might wonder why the pay stubs of my fiance does not have deductions... to anyone here who is holding a pay check stubs please help me ,tell me if its the same with my fiance?or to anyone who went to interview using pay stubs that has no deductions,did the officer approve your visa?

is your fiance working as a private contractor? if so they will take nothing out of his pay.

if this is the case he will get his check & at the end of the year he will be sent a form 1099

just ask if he gets a 1099 at the end of the year, if so then you then know what's going on

piglett

[Anh map 2,098]

Hello Everyone, Please to anyone who has idea help me...I would like to ask is it normal in USA pay check stubs that does not have federal income tax deductions.medicare,or not even social security deductions? Because my fiance pay check stubs does not have deductions in his salary,now i am so upset because the consular officer might wonder why the pay stubs of my fiance does not have deductions... to anyone here who is holding a pay check stubs please help me ,tell me if its the same with my fiance?or to anyone who went to interview using pay stubs that has no deductions,did the officer approve your visa?

Have you asked your fiance to explain the circumstances to you so that you will be able to answer any questions at the interview? That would be my first suggestion.

*Moving thread from Employment Visas form to Embassy and Consulate forum*

Edited December 1, 2010 by Anh map

[ianandjan 0]

Thank you so much anh map and piglett,i am teary eyes here knowing that you guys are here to answer my fears i am still bless despite of this visa trials...yes my fiance was a private contractor.Is being a private contractor would still be possible for him to sponsor me ? Yes he said all his deductions will be in his 1099 form ,but 1099 form for the year 2010 will be released in march 2011 and my interview is on january 2011...what i have now is pay stubs of his september and october earrning 1600 and november and december and soon january earning 3000 and all these 5 pay stubs has no deductions,since his deductions will show in 1099 form which will be on march 2011...what will i do so that consul officer will accept pay stubs with no deductions?thank you so much...will this be a problem of having my visa approve because pay stubs has no deductions yet?

[ianandjan 0]

by the way friends he was earning in september 1600 and another 1600 for october, and 3000 monthly for november,december and all following months. only no deductions in pay stubs yet thats why I dont know if he is above poverty guideline? Do you have idea if he is above poverty guideline since theres no deductions yet in pay stubs because 1099 form will be on march and my interview will be this january

[Anh map 2,098]

If he files taxes as self employed then the income that will be evaluated is line 22 from his 2009 income tax return.

[piglett 16]

If he files taxes as self employed then the income that will be evaluated is line 22 from his 2009 income tax return.

will he hit the $18,212 mark for income this year?

did he make that much last year?

as long as he filed his taxes for 2009 & he was over the $18,212 mark i myself would say that you should be ok

my understanding is that the person doing the interview can also decide to accept or not accept

just those pay stubs if they really want to (others "here" may say different though)

best of luck

piglett

[JimVaPhuong 4,864]

Thank you so much anh map and piglett,i am teary eyes here knowing that you guys are here to answer my fears i am still bless despite of this visa trials...yes my fiance was a private contractor.Is being a private contractor would still be possible for him to sponsor me ? Yes he said all his deductions will be in his 1099 form ,but 1099 form for the year 2010 will be released in march 2011 and my interview is on january 2011...what i have now is pay stubs of his september and october earrning 1600 and november and december and soon january earning 3000 and all these 5 pay stubs has no deductions,since his deductions will show in 1099 form which will be on march 2011...what will i do so that consul officer will accept pay stubs with no deductions?thank you so much...will this be a problem of having my visa approve because pay stubs has no deductions yet?

This is not correct. By law, 1099's have to be sent out by January 31st every year.

The consulate is going to want a copy of his most recent tax return, or an IRS transcript of that tax return. If your interview is in January, 2011, then they're going to want a copy of his 2009 tax return, which he would have filed by April 15th, 2010. If he didn't file a tax return in 2010 then he'll need to include a letter explaining why he wasn't required to file.

I kind of doubt the consulate in Manila is going to accept four or five check stubs from a self-employed contractor as proof that his income qualifies for the affidavit of support. The fact that no taxes were deducted from the checks is not the problem. The problem is that, as a self-employed contractor, he will be able to deduct his business expenses on schedule C of his tax return. Presuming he makes $3000 every month for a year, his gross income would be $36,000. His actual TOTAL income on line 22 of his 1040 could be much lower than that because of his business deductions. I've seen many self-employed people whose gross income was much higher than your fiance's, and their total income on their 1040 was zero. The consulate can't possibly know what his total income is going to be until he files a tax return.

[ianandjan 0]

My fiance is a full time contractor of a private company. His last year income in 2009 was short of about $2900 but we could justify it with his credit union savings for he has 15000 savings deposits there already and we will put it in his 1-134.

For his current sustained income we will have pay stubs and and employers letter... pay stubs shows all details except that it has no deductions. And he said his deductions will be shown in 1099 form and it will be release in march when my interview is before january 31..Can he go to tax office and ask for estimated deductions in each pay checks per month he recieved? example for september he has 1600 he will ask for estimated deduction in that monthly income and same as with the other months that follows, so that we can show it to Consular officer... I am so worried because the current sustained income that we can show for now are those pay check stubs and that has no deductions.

[piglett 16]

This is not correct. By law, 1099's have to be sent out by January 31st every year.

The consulate is going to want a copy of his most recent tax return, or an IRS transcript of that tax return. If your interview is in January, 2011, then they're going to want a copy of his 2009 tax return, which he would have filed by April 15th, 2010. If he didn't file a tax return in 2010 then he'll need to include a letter explaining why he wasn't required to file.

I kind of doubt the consulate in Manila is going to accept four or five check stubs from a self-employed contractor as proof that his income qualifies for the affidavit of support. The fact that no taxes were deducted from the checks is not the problem. The problem is that, as a self-employed contractor, he will be able to deduct his business expenses on schedule C of his tax return. Presuming he makes $3000 every month for a year, his gross income would be $36,000. His actual TOTAL income on line 22 of his 1040 could be much lower than that because of his business deductions. I've seen many self-employed people whose gross income was much higher than your fiance's, and their total income on their 1040 was zero. The consulate can't possibly know what his total income is going to be until he files a tax return.

I may run into some problems myself with my ajusted gross income being too low if i take all the deductions that i would normally take. i have a part time evening job (only about 10k there)

all the rest of my income will be from me being self employed

my accountant says just don't deduct much this year & write a check for about $2000 to the IRS ....OUCH

but what other choices do i have??? it's either that or my wife can't get her CR1

so i guess i get to write a check.

piglett

[piglett 16]

My fiance is a full time contractor of a private company. His last year income in 2009 was short of about $2900 but we could justify it with his credit union savings for he has 15000 savings deposits there already and we will put it in his 1-134.

my understanding is this (others may correct me if i am off the mark here)

if his earnings come up short but he has a healthy savings account they should be OK with this.

so if he makes $15,000 this year his savings will be counted to make up the rest.

good luck

piglett

[ianandjan 0]

This is not correct. By law, 1099's have to be sent out by January 31st every year.

The consulate is going to want a copy of his most recent tax return, or an IRS transcript of that tax return. If your interview is in January, 2011, then they're going to want a copy of his 2009 tax return, which he would have filed by April 15th, 2010. If he didn't file a tax return in 2010 then he'll need to include a letter explaining why he wasn't required to file.

I kind of doubt the consulate in Manila is going to accept four or five check stubs from a self-employed contractor as proof that his income qualifies for the affidavit of support. The fact that no taxes were deducted from the checks is not the problem. The problem is that, as a self-employed contractor, he will be able to deduct his business expenses on schedule C of his tax return. Presuming he makes $3000 every month for a year, his gross income would be $36,000. His actual TOTAL income on line 22 of his 1040 could be much lower than that because of his business deductions. I've seen many self-employed people whose gross income was much higher than your fiance's, and their total income on their 1040 was zero. The consulate can't possibly know what his total income is going to be until he files a tax return.

Jim thank you and i am so sorry i mislead you .my fiance is a full time contract worker only not the contractor.

[ianandjan 0]

I may run into some problems myself with my ajusted gross income being too low if i take all the deductions that i would normally take. i have a part time evening job (only about 10k there)

all the rest of my income will be from me being self employed

my accountant says just don't deduct much this year & write a check for about $2000 to the IRS ....OUCH

but what other choices do i have??? it's either that or my wife can't get her CR1

so i guess i get to write a check.

piglett

Piglett i think CR1 visa could have co sponsor but in my case K! visa in manila does not allow co sponsor..Good luck

[JimVaPhuong 4,864]

Jim thank you and i am so sorry i mislead you .my fiance is a full time contract worker only not the contractor.

No, you didn't mislead me. A self-employed worker is a "contractor", meaning they work under a contract agreement that stipulates a specific job for a specific amount of money.

My fiance is a full time contractor of a private company. His last year income in 2009 was short of about $2900 but we could justify it with his credit union savings for he has 15000 savings deposits there already and we will put it in his 1-134.

For his current sustained income we will have pay stubs and and employers letter... pay stubs shows all details except that it has no deductions. And he said his deductions will be shown in 1099 form and it will be release in march when my interview is before january 31..Can he go to tax office and ask for estimated deductions in each pay checks per month he recieved? example for september he has 1600 he will ask for estimated deduction in that monthly income and same as with the other months that follows, so that we can show it to Consular officer... I am so worried because the current sustained income that we can show for now are those pay check stubs and that has no deductions.

I think your fiance may be misinformed about how this stuff works, or he's not properly conveying the information to you. His 1099's will be sent to him by January 31st. This is required by law. They can't legally send them in March because it doesn't give the employee sufficient time to prepare their own tax returns and submit them by April 15th.

Employers usually do not withhold income taxes from the pay of a contract employee. If they withhold anything then they are required to disclose this on the pay statement. Money they withhold for income tax payments are sent to the IRS quarterly as a single payment for all employees. The IRS doesn't get the breakdown of how much was paid for each employee until the employee files their annual income tax return.

If the employer is withholding anything from his pay then the employer should be able to provide a statement showing the details. The IRS would only know how much the employer has submitted for employee payroll taxes in total. If the sum total amount of his checks is less than the sum total amount that he's actually being paid (i.e., the employer is withholding some of the money) then the employer should provide a statement showing this.

Because he's self-employed, the consulate is still allowed to presume that a portion of his gross earnings will be deducted as legitimate business expenses. Exactly how much will be deducted will not be known until he files his taxes. They may accept the check stubs as proof that he's working, but may rely on the income tax return to determine how much he's earning.

[ianandjan 0]

No, you didn't mislead me. A self-employed worker is a "contractor", meaning they work under a contract agreement that stipulates a specific job for a specific amount of money.

I think your fiance may be misinformed about how this stuff works, or he's not properly conveying the information to you. His 1099's will be sent to him by January 31st. This is required by law. They can't legally send them in March because it doesn't give the employee sufficient time to prepare their own tax returns and submit them by April 15th.

Employers usually do not withhold income taxes from the pay of a contract employee. If they withhold anything then they are required to disclose this on the pay statement. Money they withhold for income tax payments are sent to the IRS quarterly as a single payment for all employees. The IRS doesn't get the breakdown of how much was paid for each employee until the employee files their annual income tax return.

If the employer is withholding anything from his pay then the employer should be able to provide a statement showing the details. The IRS would only know how much the employer has submitted for employee payroll taxes in total. If the sum total amount of his checks is less than the sum total amount that he's actually being paid (i.e., the employer is withholding some of the money) then the employer should provide a statement showing this.

Because he's self-employed, the consulate is still allowed to presume that a portion of his gross earnings will be deducted as legitimate business expenses. Exactly how much will be deducted will not be known until he files his taxes. They may accept the check stubs as proof that he's working, but may rely on the income tax return to determine how much he's earning.

Jim thank you so much,yes i talked to my fiance he said he will really have 1099 misctax form by january 31 2011 and will pass it on march 2011. But my interview will be before january 31. IF you were in my place what will you do?My fiance said he will go to tax office and bring his 4 recent check stubs with him from his recent job and ask for estimated tax deductions of each of that check stubs and i will let consul officer see it to determine if he is above poverty guideline... will that be the correct thing to do in our case? Are my pay stubs acceptable even it has no deductions yet?

The only income tax return he have is on year 2009 and it was below poverty guideline his short of about 2900 we suffice it with his credit union savings amounting to $15000.

What i am worried is his current sustained income which i know will play a big part in determining whether i will be a public charge or not..as his recent pay stubs shows no deductions...any advice on what to do? thank you so much