I-134 Affidavit of Support (Self-Employed)

[heidi.kp 0]

hi everyone. i just completed my I-129F packet and am mailing it tomorrow, but i'm already thinking forward to the I-134. i'm afraid it will be tricky for me because, i'm self-employed (i do massage) and i make quite decent money, but i don't have much proof on paper of what i earn. i haven't filled out my taxes in years and past taxes from years ago don't reflect anything close to what i earn. basically i keep practically all of my money in cash. will i have to go fill out back taxes for last year or something? how thoroughly can i expect them to look into my occupation? does anyone know what a commercial rating concern is? thanks guys!

[Chris921 13]

well you should be paying taxes even if it is cash work :S they technically could class it as tax evasion :S i dunno any other way you can prove self employment other then tax forms which you should fill out (as self employed you could get alot of the tax you'd normally pay on the income back) but personally i would get a reputable account to handle it to make sure it is properly filed

[heidi.kp 0]

well you should be paying taxes even if it is cash work :S they technically could class it as tax evasion :S i dunno any other way you can prove self employment other then tax forms which you should fill out (as self employed you could get alot of the tax you'd normally pay on the income back) but personally i would get a reputable account to handle it to make sure it is properly filed

yes i'm aware that cash income is also meant to be reported in taxes. but tax evasion isn't in the field of jurisdiction of the immigration department. but thanks though, i may have to do that...

[Ning 619]

yes i'm aware that cash income is also meant to be reported in taxes. but tax evasion isn't in the field of jurisdiction of the immigration department. but thanks though, i may have to do that...

I doubt members here are going to assist you in this to a certain degree. However you admit you are breaking the laws. USCIS isnt the IRS but I have seen cases where they worked together to make sure taxes were paid.

You may get away with this by some means now but in the near future the siuation will change. When you file the AOS you will have to submit tax records. If you were caught & charged with tax fraud it would be tough to clear up.

You should consider filing back taxes for at least 3 years to enable you to submit the transcripts in the future. I am not a tax accountant but you might find that the pain of filing taxes wasnt as bad as you suspect.

[Penguin_ie 5,999]

You will need to file back taxes for at least the last 3 years, as the embassy will want to see it and later for AOS you will need it also.

[Winning23 25]

yes i'm aware that cash income is also meant to be reported in taxes. but tax evasion isn't in the field of jurisdiction of the immigration department. but thanks though, i may have to do that...

"tax evasion isn't in the field of jurisdiction of the immigration department. ".. Not isn't entirely true.

By virtue of not filing taxes as a US Citizen, and having earned a large cash income base, while attempting to document this will be a big problem when your application is reviewed. I hate to be the bearer of bad news, but, IRS comes after even small time evaders, and simply thinking immigration will overlook this is highly naive.

If you going to sponsor someone, I would advise to file back taxes, and get yourself in the IRS system so you can

A. Legitimize your payments of taxes to the government. Be clear of red flags down the road.

B. Establish your creditability for immigration and IRS

Good luck

[Nich-Nick 3,354]

The embassy in London doesn't actually require a tax return if you have other ways to prove your income. Common ways are a letter from an employer or pay stubs. You have neither so proving income will be hard without a tax return. You could get someone else to sponsor or if you or the fiance have large sums of $$$$$ in assets, that would work for the visa. But for the greencard, there's no way around not providing information from 3 tax returns and sending in the most recent. If you have a legitimate reason for not filing a tax return, you can provide a statement to the USCIS, but just not bothering to file isn't acceptable. You are not only responsible for income tax, but also self-employment tax which covers your social security and medicare. You do have some problems to iron out if you want to get your fiance here as a permanent resident.

[Gary and Alla 3,694]

hi everyone. i just completed my I-129F packet and am mailing it tomorrow, but i'm already thinking forward to the I-134. i'm afraid it will be tricky for me because, i'm self-employed (i do massage) and i make quite decent money, but i don't have much proof on paper of what i earn. i haven't filled out my taxes in years and past taxes from years ago don't reflect anything close to what i earn. basically i keep practically all of my money in cash. will i have to go fill out back taxes for last year or something? how thoroughly can i expect them to look into my occupation? does anyone know what a commercial rating concern is? thanks guys!

If you do not know what a commerical rating is, you do not have one.

You can expect them to demand proof of income. You will need to provide it. YES you will need to fill out tax returns for the previous three years as they will be required for the AOS OR provide an explanation why you didn;t citing tax code which makes you exempt. rom what you say here you are not exempt.

If any tax is owed you will have to pay it and a penalty and interest. If no tax is owed, there is no penalty or payment but then you cannot sponsor a fiancee either and you will need a co-sponsor.

Google "1040 (year)" for the necessary forms

The embassy in London doesn't actually require a tax return if you have other ways to prove your income. Common ways are a letter from an employer or pay stubs. You have neither so proving income will be hard without a tax return. You could get someone else to sponsor or if you or the fiance have large sums of $$$$$ in assets, that would work for the visa. But for the greencard, there's no way around not providing information from 3 tax returns and sending in the most recent. If you have a legitimate reason for not filing a tax return, you can provide a statement to the USCIS, but just not bothering to file isn't acceptable. You are not only responsible for income tax, but also self-employment tax which covers your social security and medicare. You do have some problems to iron out if you want to get your fiance here as a permanent resident.

The consulate may not for employed people, for self employed they alomost always do. Even if they do not the USCIS will require it for the AOS.

yes i'm aware that cash income is also meant to be reported in taxes. but tax evasion isn't in the field of jurisdiction of the immigration department.

Yeah, go with that.

[Nich-Nick 3,354]

The consulate may not for employed people, for self employed they alomost always do. Even if they do not the USCIS will require it for the AOS.

That was pretty much my point Gary. No way to prove income except with a tax return because she doesn't have things employees can get for proof.

[maning 36]

hi everyone. i just completed my I-129F packet and am mailing it tomorrow, but i'm already thinking forward to the I-134. i'm afraid it will be tricky for me because, i'm self-employed (i do massage) and i make quite decent money, but i don't have much proof on paper of what i earn. i haven't filled out my taxes in years and past taxes from years ago don't reflect anything close to what i earn. basically i keep practically all of my money in cash. will i have to go fill out back taxes for last year or something? how thoroughly can i expect them to look into my occupation? does anyone know what a commercial rating concern is? thanks guys!

Don't let anyone here scare you by telling you you're going to get in trouble for tax evasion. Just file back for 3 years 2010, 2009, 2008. The IRS will work with you concerning paying back taxes. As long as you come forward and pay your taxes, you won't get in trouble. If you can't pay all at once, you can get a installment agreement where you can pay in 60 months or less. Expect to pay a lot of back taxes, penalties, and interest.

Tip: Even if you are paid in cash, you still have to file. It's up to you what to declare, but you better have receipts to back up them up with... because the longer you don't pay... the more taxes, penalties, and interest you will end up paying. Which can end you up paying for years and if you can't pay... the government will put a lien on anything you own.

[heidi.kp 0]

alright, thanks everyone for your input. it's helped paint a clearer picture for me of what i have to consider and deal with.

[heidi.kp 0]

by the way, why three years? is that how far back they check then? i just didn't see anything on the I-134 about that.

[Matt & Bing 56]

by the way, why three years? is that how far back they check then? i just didn't see anything on the I-134 about that.

The USCIS may only be concerned with 3 years but the IRS will want tax returns for all years you had a filing obligation but neglected to file - No statute of limitations on that.

[Penguin_ie 5,999]

Some embassies only ask for one year, but most want to see three. At AOS, you will be asked for 3.

[Jim N Augie 16]

Unless something has changed that I am not aware of you only need the previous years tax report. Going back 3 years is optional. You do have to be in goodstanding ( current) in tax reporting. My understanding for immigration it is ok to be paying back taxes but failing to report is a problem. Maybe they will catch the previous years or not but what an issue if they do. As for verification of employment you can have your accountant sign a letter just verifying fiscal year to date numbers etc. I would also include schedule C profit/loss business report etc. If you are making good money as you say you need to at the least be paying quarterly even if estimated to avoid penalties and a large bill at end of year. Jim.