This is complicated ! Help Affadavit support question

[Freedove7 17]

Hi everyone.I posted a question related to this topic a couple of times and received good advice,but the issue still remains complicated ! My husband works at night clubs ,promoting parties and events.Prior to that,he worked as an Administrative Assistant.We requested Income Tax transcripts from the IRS for the past 3 years that he did pay taxes (2007,2008,2009) and he made well above the 125 % poverty line.2009 was the last year he worked as an Administrative Assistant.In 2010,he was practically unemployed,but made some money on the side by promoting for night clubs and sometimes doing handyman work.So he lables this as being self employed (or private contractor).He now works for two night club owners and I have copies of his 4 recent checks.He says he filled out a W9...Honestly,he doesn't bring home the same amount of money every week and sometimes 2 weeks passes by without him getting paid.How do I explain this complicated situation to immigration ? Maybe his income was too low to file for income tax in 2010 ? I know we wont have to worry about 2011 because I am sending my application before the deadline to file for taxes ends.Please tell me what to do..Oh and I also have a joint sponsor who makes a pretty good salary and has no dependents.Any advice would be appreciated !

[ceadsearc 516]

First you need to determine if his income was too low to file for 2010. That threshold is pretty low - around 9,500 for a year. If he made more than that, he needs to file and you need to include it or you will be denied. If he made less, you need to include a letter stating under penalty of perjury that he was not required to file based on the IRS laws and include what he actually made. If you aren't sure what he made I suggest he talk to his previous employer, check his bank statements, etc. If he was a private contractor he should have received a 1099 to use in filing taxes.

As for what he currently makes, you can estimate. Take the average he makes in a week and multiply by 52 or the average in a month and multiply by 12.

Unfortunately, even with a cosponsor, there is NO way to avoid the tax situation. If he was required to file he has to file and if he was not required he needs to prove that.

Edited March 9, 2012 by ceadsearc

[Freedove7 17]

First you need to determine if his income was too low to file for 2010. That threshold is pretty low - around 9,500 for a year. If he made more than that, he needs to file and you need to include it or you will be denied. If he made less, you need to include a letter stating under penalty of perjury that he was not required to file based on the IRS laws and include what he actually made. If you aren't sure what he made I suggest he talk to his previous employer, check his bank statements, etc. If he was a private contractor he should have received a 1099 to use in filing taxes.

As for what he currently makes, you can estimate. Take the average he makes in a week and multiply by 52 or the average in a month and multiply by 12.

Unfortunately, even with a cosponsor, there is NO way to avoid the tax situation. If he was required to file he has to file and if he was not required he needs to prove that.

Yes,his income was too low.We even had to get food stamps and cash assistance.How can we prove that his income was too low ? He had no bank account...and I dont even think he had an employer.He basically promotes events for nightclubs.Its not like this is a stable job with a stable income...Sometimes he doesnt even bring home money.This is so complicated and stressful !

[sheeshkabelle 153]

Yes,his income was too low.We even had to get food stamps and cash assistance.How can we prove that his income was too low ? He had no bank account...and I dont even think he had an employer.He basically promotes events for nightclubs.Its not like this is a stable job with a stable income...Sometimes he doesnt even bring home money.This is so complicated and stressful !

If he makes over $300 doing his promoting and handy man work he has to file as self-employed with the IRS and pay self-employment taxes. They pay him in checks, so there is a paper trail, if he filled out a W-9 he is supposed to get 1099's showing what the clubs pay him. The IRS has a copy of that too.

Even if he makes very little self-employed he can write most of it off,leaving very little if any tax liability, but that effects your bottom line of adjusted gross income, and he will probably not qualify. But he still has to file.

for example;

I made 80,000.00 in 2009 being self-employed but I wrote off to $34,000.00 and my EIC, child tax credits took care of my tax liability. In 2010 work was slow, I only made $12,000.00 again, my EIC and child tax credit took care of my tax liability. Being self-employed has it's down side. One week you're eating steak, the next ramen noodles.

If your husband did get food stamps and TANF, even with a co-sponsor they might still reject you. Even though, technically the USC can get means tested benefits, he got them and has such a low income he didn't file taxes, they might consider you a high risk of being a public charge.

Even though people say 'it's not April 15th yet, they don't need the 2011 taxes' a lot of people have found out they DO want the 2011 taxes and have had to scramble to get them done.

[LIFE'SJOURNEY 970]

There is nothing stressful about this either he file stating that his income was too low,or he file his taxes showing the income number he can account for.

As for everything else, you may want to consider getting some type of software that will allow you'll to keep track of those checks he get for doing his nightclub job.

[KayDeeCee 4,892]

Yes,his income was too low.We even had to get food stamps and cash assistance.How can we prove that his income was too low ? He had no bank account...and I dont even think he had an employer.He basically promotes events for nightclubs.Its not like this is a stable job with a stable income...Sometimes he doesnt even bring home money.This is so complicated and stressful !

If he is an independent contractor (self-employed) and not an employee that receives a W-2, then he needed to file taxes if he made over $400 in the year. Self-employed must pay self-employment taxes. If he made over $600 in the year from the same client, he would get a 1099 from them. He needs to file his back taxes, so he should file for 2010 and 2011 at the same time then. Check the bank statements to track down how much was deposited over the year, and he really needs to start keeping track of that. Part of being self-employed means you have to keep up with your own incoming income to report to the IRS. If he doesn't make enough to reach the 125% for your household size, then you will need a co-sponsor.

Edited March 10, 2012 by Jay-Kay

[Freedove7 17]

If he is an independent contractor (self-employed) and not an employee that receives a W-2, then he needed to file taxes if he made over $400 in the year. Self-employed must pay self-employment taxes. If he made over $600 in the year from the same client, he would get a 1099 from them. He needs to file his back taxes, so he should file for 2010 and 2011 at the same time then. Check the bank statements to track down how much was deposited over the year, and he really needs to start keeping track of that. Part of being self-employed means you have to keep up with your own incoming income to report to the IRS. If he doesn't make enough to reach the 125% for your household size, then you will need a co-sponsor.

I already have a relative that is willing to be a co sponsor.He never received a 1099 .He has no bank account...How do we go about filing back taxes when he did not keep track of thr money he made ?

There is nothing stressful about this either he file stating that his income was too low,or he file his taxes showing the income number he can account for.

As for everything else, you may want to consider getting some type of software that will allow you'll to keep track of those checks he get for doing his nightclub job.

Is a letter stating that the ncome was too low sufficient or will we need to prove it ? Right now,we are photo copying his checks

[Freedove7 17]

If he makes over $300 doing his promoting and handy man work he has to file as self-employed with the IRS and pay self-employment taxes. They pay him in checks, so there is a paper trail, if he filled out a W-9 he is supposed to get 1099's showing what the clubs pay him. The IRS has a copy of that too.

Even if he makes very little self-employed he can write most of it off,leaving very little if any tax liability, but that effects your bottom line of adjusted gross income, and he will probably not qualify. But he still has to file.

for example;

I made 80,000.00 in 2009 being self-employed but I wrote off to $34,000.00 and my EIC, child tax credits took care of my tax liability. In 2010 work was slow, I only made $12,000.00 again, my EIC and child tax credit took care of my tax liability. Being self-employed has it's down side. One week you're eating steak, the next ramen noodles.

If your husband did get food stamps and TANF, even with a co-sponsor they might still reject you. Even though, technically the USC can get means tested benefits, he got them and has such a low income he didn't file taxes, they might consider you a high risk of being a public charge.

Even though people say 'it's not April 15th yet, they don't need the 2011 taxes' a lot of people have found out they DO want the 2011 taxes and have had to scramble to get them done.

He now gets paid in checks but was paid mostly in cash in 2010. We didnt get TANF ,only foodstamps...will it matter that Ive been here since I was a child ? i mean,will they take that into consideration when they decided whether or not they think I will be a public charge ? my co sponsor has a high income and has been working for the same company for almost 20 years.

[LIFE'SJOURNEY 970]

I already have a relative that is willing to be a co sponsor.He never received a 1099 .He has no bank account...How do we go about filing back taxes when he did not keep track of thr money he made ?

Is a letter stating that the ncome was too low sufficient or will we need to prove it ? Right now,we are photo copying his checks

The IRS will take his word that his income was too low to report,until they can prove other wise. Just fill out the form with an esitmate number.

[Freedove7 17]

The IRS will take his word that his income was too low to report,until they can prove other wise. Just fill out the form with an esitmate number.

Ok,but which form are you referring to ?

[LIFE'SJOURNEY 970]

Ok,but which form are you referring to ?

He can send in a signed 1040A form to the IRS. Since you are not fimilair with the US tax code, I would suggest that you'll spend some money wisely by seeking the service of a tax accountant.

[Freedove7 17]

Alright.I will do that.Is this a quick and easy process ? I want to send the AoS application as soon as im done with the medical exam part.I know someone who prepares tax forms.I will bring copies of my husband's checks and we'll go from there.Thanks

[sheeshkabelle 153]

You're in a rather bad place because of the situation from when you were a child, that wasn't your fault and caused all the other complications.

Poor accounting on your husband's part doesn't justify not filing taxes like he should have been. Ignorance is no excuse of the law. I'm not trying to be harsh, just make you understand. The Federal Government is all ready up your grill for immigration and the over stay, don't give them any more excuses to deny your application. Being settled in the US for 18 years, married to a USC, having a family and a joint sponsor that has a steady income does give some brownie points.

Speaking from experience being self-employed makes the IRS look even harder at your taxes and your chance of an audit sky rockets. I've been audited twice in the past five years!

TANF and Food stamps are two different things. TANF is welfare and you get a check from the state every month to pay the bills, and it isn't much. Food stamps are just food stamps.

Will you be denied for any of the above, maybe. And that maybe could mean a lot if you're sent packing back to a country that hasn't been home for 18 years.