proof of financial support as self employed poker player

[Harm1307 0]

Here's the situation. I am in a 3 year relationship with a girl I met online. I am in California, she's in Indonesia. After a couple years of talking on Skype everyday, we finally met in person about nine months ago and spent a month together at her home in Indonesia. I proposed and we are now set to begin the process of a K-1 visa to bring her here. This is where I have some questions. First, I am in a unique situation of being a professional poker player for the last seven years. This is my only source of income (make more than poverty line of 21,000 but less than 32,000 on average a year). Now while I know it is unlawful to not pay taxes on my income, I have been under the radar as a cash game casino poker player and simply have never filed as a self employed poker player. I do not have any large assets so it has been easy not to file taxes in the past as I do rent here in California. Anyways, obviously I can not continue this if I am going to bring her over here. I have done the research on how to file as a poker player, this is not a issue, but I am not sure how far back I must go to prove financial support for bringing her here. Must I show the most recent year of taxes for last year or do I have to show 3 years of taxes. I have read both. I have been told that if my current bank statement shows less than poverty line (about 20-21,000) then I must show I made atleast the 21,000 for the last 3 years in a row, but if I have that amount in my bank account I only need to show 1 year of taxes. Unsure if this is accurate information. If I must show 3 years worth, then I will owe quite a bit in taxes ( I did this on paper according to my situation) it would be in the neighborhood of 8,000-10,000 owed in back taxes, which I already found out I can set up a payment plan on that amount fairly easily to be paid off over a 3 year period. I have no problem doing this for the woman I love if it is what I have to do to bring her over, but obviously I would prefer 1 year of taxes as proof to be sufficient since I could then afford to just pay those taxes off immediately or over a couple months at worst. Also is this something I provide in immigration process before or after she is approved for visa, sounds stupid, I'm pretty sure it is before, but I may have read some forum stating you provide the proof of support after she has come over here with her visa. Anyone with knowledge, please help me. Thanks a million!

[sadavis5 46]

I've read that you can use assets to make up for any salary deficiencies - so if you're $2,000 a year short of the poverty line, you can show 5 times the difference in your bank account - but I haven't seen anything about your bank account being the deciding factor between 1 or 3 years of taxes.

You should read up on the Indonesia portal and Indonesian consulate reviews to see what they usually want for the I-864 or I-134. Some consulates are pickier and want more info than others.

You'll need to have the tax info ready for her visa interview, and also again after when you send out the AOS forms.

[christeen 966]

You must backfile for the past 3 years to show that your have filed taxes as the law requires. They will look at your current income which must exceed the 150% poverty... Regardless of what the past 3 years taxes show, most consulates are more interested in your a ability to support the immigrant now.... Not 3 years ago.. To use assets, they need to be 3x the 150% or around 60k.

[christeen 966]

No need to post multiple topics... People will get to you... Patience grasshopper

[Harm1307 0]

I apologize, I posted in tax section but then saw the k-1 visa section, wasn't sure which was appropriate spot to post, I'm a newbie

[sadavis5 46]

It's 125% of the poverty level, and assets will need to be 5X as she is not yet a spouse.

I-864 Instructions:

Annual Household Income.

This section is used to determine the sponsor's household income. Take your annual individual income from Item Number 5. and enter it on Item Number 6.c. If this amount is greater than 125 percent (or 100 percent if you are on active duty in the U.S. military and sponsoring your spouse or child) of the Federal Poverty Guidelines for your household size from Part 5., Item Number 8., you do not need to include any household member's income. See Form I-864P for reference on the Poverty Guidelines.

Total Value of Assets.

In order to qualify based on the value of your assets, the total value of your assets must equal at least five times the difference between your total household income and the current poverty guidelines for your household size. However, if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only be equal to at least three times the difference. If the intending immigrant is an alien orphan who will be adopted in the United States after the alien orphan acquires permanent residence, and who will, as a result, acquire citizenship under section 320 of the Act, the total value of your assets need only equal the difference.

[Hypnos 6,576]

By the time they file an I-864, they will be a spouse.

It will be 5x for the I-134, if that has a comparable requirement, due to them not being a spouse at that point.

[Boiler 43,622]

Use a co sponsor seems easier.

You have to prove current income and that you have filed taxes, separate issues.

[Harm1307 0]

thanks for response, but isn't my filing of taxes how I show my proof of income? how is it not inter related? Also how does a co-sponser save me from showing proof of income and filing taxes? are you implying I will need a co sponser in my situation even though my income meets the required above poverty line? thanks again for any help

[KayDeeCee 4,892]

How much you have in the bank has nothing to do with your current annual income. For someone that is self-employed, tax transcripts are the way to prove your current income. Three years of tax transcripts is suggested for someone that is self-employed, but I believe just the most recent tax transcript, showing that you meet the requirement with total income from line 22 of the 1040, is enough for the I-134 at the K-1 visa interview. Bank statements can also be helpful to show the amount of income that deposited to your account each month. You can supply the most recent 6 months worth of those too.

After the K-1 is issued, used and you are married in the US, the foreign spouse must file for adjustment of status. At that point you will need to provide an I-864 and provide the total income amounts from the last 3 years on the form and submit a copy of the most recent one again. The total income amount on line 22 of the 1040 is the important number for you. You need to file your back taxes for at the least the last 3 years and be careful how many deductions you take for your business because that lowers the total income on line 22. It means you pay more taxes, but it also means you will qualify to sponsor your fiance(e)/spouse.

Even if you get a co/joint sponsor for one or both of the processes, you will still have to file the back taxes. You must list the amounts on the I-864 from the last 3 years or provide a statement as to why you were not legally required to file. Since you were legally required to file, then you must get them filed before being able to sponsor.

Edited July 6, 2014 by KayDeeCee

[Girl from Celebes 588]

thanks for response, but isn't my filing of taxes how I show my proof of income? how is it not inter related? Also how does a co-sponser save me from showing proof of income and filing taxes? are you implying I will need a co sponser in my situation even though my income meets the required above poverty line? thanks again for any help

US embassy in Jakarta is very picky regarding co-sponsor. Some people are allowed to have co-sponsor and some others don't.

http://www.visajourney.com/forums/topic/436944-us-embassy-jakarta-allows-co-sponsor/#entry6322234

[Harm1307 0]

thank you KayDeeCee for your thorough response, filing 3 years worth will be costly, but not a big of deal, it needs to be done anyways. I will be setting it up on a payment plan over 3 years though, will that make a difference in being approved? I assume I just need to show proof that I have filed it showing a paper trail of how much I earn, right? Being on a payment plan wont affect us, will it? thanks again

[Sirliner 26]

Checking the Jakarta, Indonesia, U.S. Embassy/Consulate Info page here on VJ shows for K-1 Visa they want the I-134 along with supporting evidence: most recent 1040 tax return with W-2's, bank statement and proof of assets. Since you would be considered self-employed a 1099 would substitute for the W-2, but obviously you don't have that. Bank statements are your next best thing since they are required, although it doesn't say how far back in time you need to go.

Not sure what your 1040 Schedule C is going to look like. You realize the IRS is going to tack on interest and penalties, right? A payment plan shouldn't affect anything.

Edited July 6, 2014 by Sirliner

[Harm1307 0]

thank you sirliner for your response, yes I am aware of penalties involved, not much I can do but pay it out through payment plan, I love her and if its only money standing in the way of us being together then so be it. Bank statements are easy to come up with, although I will need to start depositing more money in my account as I usually just keep majority of my money in safe at home since I play poker and money is in and out on a daily basis, I usually just make one lump deposit for bills in my account which obviously doesn't show how much I actually have to my name in savings. I can start that now, planning a 2nd trip next month and then beginning the process of filing this when I come back or as late as beginning of new year to get all paperwork in order. As far as not having a 1099, I will obviously have that once I have properly filed. Any other concerns or thoughts you may have regarding my situation will be very helpful, thanks again!

[novedsac 355]

As far as not having a 1099, I will obviously have that once I have properly filed. Any other concerns or thoughts you may have regarding my situation will be very helpful, thanks again!

Huh? The 1099s are not generated by you; they come from the entities paying out to you, issued on an annual basis. That is, if the games and payouts are legit and aboveboard.

I had a friend in college, many years ago, and her dad earned a six figure income as a professional bridge player. The tournaments and casinos he played in payed out with a 1099 and he had to report that income, but he also played side games for money which he did not declare.

I think getting your taxes in order is going to be a challenge.