Financial/Income Question

[Divalicious 2]

I just got back from visiting my fiance and we've been talking about the K1 Visa some more and have decided this is the route we want to take.

He is currently working for a licensed and registered company doing repair and painting work. (This is the company - http://www.manta.com...ing-and-cleani)

He is getting pay cheques each week which he takes to the bank and gets the money in cash. He has been copying all his cheques and will be filing a tax return for the work he did the last two months at this job although we are aware that he will get nothing etc because he's only been there two months.

My question is, does this count as under the table work as he is technically getting paid under the table? or does this count as being self-employed? Although they are a registered company. Please help a very confused girl!

[mstee81 28]

If the company is paying him via check it is not under the table. Under the table pay is done in cash with not trace. If there is no tax being held from his pay it is his responsibility to pay the IRS.

[Nich-Nick 3,353]

He is not working under the table unless he does not report his earnings to the IRS. "Under the table" indicates slipping somebody money in secret that they hide from the tax man.

He may be considered a subcontractor to them where he is paid only when he does a job and is not considered their employee. If they are reputable, then they keep up with his total earnings and issue him a 1099-MISC showing total wages earned in a calendar year. (And they report it to the IRS as well). That is similar to a W-2 wage statement that employers give to employees for the purpose of filing their tax return.

It is easy enough for him to ask them if they are going to give him a 1099 showing his 2014 earnings.

Subcontractors are considered self-employed for tax purposes. His tax return would include a Schedule C determining his profit or loss from the business. Also Schedule SE which determines his self-employment tax. The easiest way to explain that is SE tax figures what he pays in (himself) toward his Social Security and Medicare. If he was an employee, that would be held out of his check each week. The employer would roughly pay half of the total and the other half would come out of his check. A self-employed subcontractor pays the full amount. There is a deduction on the tax form where he gets to reduce his income for part of the self-employment figure.

Tax form 1040 is here http://www.irs.gov/pub/irs-pdf/f1040.pdf

Line 7 is where employees report their wages.

Line 12 is where self-employed put their income.

Line 27 is where some of the SE tax gets to be subtracted to reduce his taxable income.

Line 44 shows his income tax

Line 57 is where his self employment SE tax is shown. (His Social Security and Medicare contributions)

Even if he doesn't get a 1099 for the wages he is paid, he can still report his earnings and comply with the tax laws. Hiding income is illegal.

Edited January 7, 2015 by Nich-Nick

[Divalicious 2]

The reason I ask is because we want to apply for the K1 Visa next January 2016 once he has his first full tax return as only the most recent is required and the previous two years he was unemployed so he was not eligible to file.

If he continues to work at this job, he will be considered self employed, am I right? and therefore for the K1 Visa will need to show proof of 3 years worth of tax returns.

However, he does have the chance to work for a restaurant, they have asked him to come fill out a application form and I believe this would be his best route. Once Jan 2016 comes, he would have the tax return which we would use to apply for the K1 Visa.

[Nich-Nick 3,353]

The reason I ask is because we want to apply for the K1 Visa next January 2016 once he has his first full tax return as only the most recent is required and the previous two years he was unemployed so he was not eligible to file.

If he continues to work at this job, he will be considered self employed, am I right? and therefore for the K1 Visa will need to show proof of 3 years worth of tax returns.

However, he does have the chance to work for a restaurant, they have asked him to come fill out a application form and I believe this would be his best route. Once Jan 2016 comes, he would have the tax return which we would use to apply for the K1 Visa.

It sounds like he is self employed, but he needs to ask the cleaning service if they consider him a contractor or employee.

For a K1 visa, London has no tax return requirement if he can prove his income in another way. A letter from the company stating he works for them and earns an average of $x.xx per week or month could be used. Or the photocopies of his checks with maybe a spread sheet totaling his year to date. He doesn't need to have a year's worth but enough to show evidence of what he would likely earn in a year's time. The income reported is current income carried forward to what a total year will be. That proof of finances is submitted for the first time at the London interview. It is not part of the fiancé petition package.

After marriage, the greencard application requires another affidavit of support. It does require the one most recent tax return OR a statement why he was not required to file (unemployed, did not earn enough to file). The form also asks for numbers off the three most recent returns. Again, a statement why there are not three available works.

If he is currently earning around $1700 a month then there is no need to wait to start the process which will be many months before the visa interview even happens. If he doesn't earn that much, you may need to look for a joint sponsor or wait until he gets a better paying job.

[baron555 934]

The reason I ask is because we want to apply for the K1 Visa next January 2016 once he has his first full tax return as only the most recent is required and the previous two years he was unemployed so he was not eligible to file.

That is totally wrong. Current income is key for the financial support part, which is only required at the interview phase and there is no minimum amount of time they need to have been working. He is ready NOW. File NOW.

If he continues to work at this job, he will be considered self employed, am I right? and therefore for the K1 Visa will need to show proof of 3 years worth of tax returns.

No

However, he does have the chance to work for a restaurant, they have asked him to come fill out a application form and I believe this would be his best route. Once Jan 2016 comes, he would have the tax return which we would use to apply for the K1 Visa.

Wrong....file now. You guys have met in person.

[Divalicious 2]

I have one more question...

If my fiance is considered a self employed person and when we file for AOS, he only has 1 tax return (1099 ) because he was unemployed before hand, would that be accepted? We were planning on writing a note explaining why he was exempt but I heard you need 3 tax returns for Adjustment of Status

[Nich-Nick 3,353]

I have one more question...

If my fiance is considered a self employed person and when we file for AOS, he only has 1 tax return (1099 ) because he was unemployed before hand, would that be accepted? We were planning on writing a note explaining why he was exempt but I heard you need 3 tax returns for Adjustment of Status

First of all a 1099 is not a tax return. That's a wage statement used to fill out a tax return.

I already said above my input on tax returns and adjustment of status:

After marriage, the greencard application requires another affidavit of support. It does require the one most recent tax return OR a statement why he was not required to file (unemployed, did not earn enough to file). The form also asks for numbers off the three most recent returns. Again, a statement why there are not three available works.

.

So now you have "heard" two different things. The answer can be found in the written instructions that go with the I-864 affidavit of support. The government explains it to you. Form here http://www.uscis.gov/i-864