About I134-documents and requirements

[starlisle 0]

So the employer says he can probably sort the employment letter out when he has some time over one day but he said there's no way he can get paystubs, will that give us trouble? And he said he filed for W10 taxes, that they dont do W2 taxes. He says he pays his taxes independently, and his employer doesnt do it.

But him not having paystubs, that means we will need a co-sponsor? He earns enough money and he will pay his taxes and can get an employment letter but no paystubs. Please help.

[Ash.1101 1,757]

So the employer says he can probably sort the employment letter out when he has some time over one day but he said there's no way he can get paystubs, will that give us trouble? And he said he filed for W10 taxes, that they dont do W2 taxes. He says he pays his taxes independently, and his employer doesnt do it.

But him not having paystubs, that means we will need a co-sponsor? He earns enough money and he will pay his taxes and can get an employment letter but no paystubs. Please help.

... A W10 is for child care and tax credits for someone with children or dependants.

He would do a W10 if he was paying someone for babysitting/child care or he would do a W10 is if he was on a dependant care plan through the company, but that would require him to have a child. It's main purpose is to get tax credits.

W10 form is below, the second link is a lawyer page talking about the W10. The others are.. child care websites. Because that's the purpose of a W10... You don't pay W10 taxes, all you get from a W10 is showing how much you paid for childcare so you can get a tax credit...

http://www.irs.gov/pub/irs-pdf/fw10.pdf

http://www.doughroller.net/personal-finance/what-is-a-w-10-form/

http://www.daycare.com/forum/showthread.php?t=25772

http://www.familychildcaretaxes.com/tax_tips_article.php?blRecordNumber=100

"Purpose of form. You must get the information shown in Part I from each person or organization that provides care for your child or other dependent if: 1. You plan to claim a credit for child and dependent care expenses on Form 1040 or 1040A, or 2. You receive benefits under your employer’s dependent care plan. If either 1 or 2 above applies, you must show the correct name, address, and taxpayer identification number (TIN) of each care provider on Form 2441, Child and Dependent Care Expenses."

I think that you truly need to get all of this straight. This gets weirder and weirder everytime there's a new post. Like, it seriously continuously sounds like they're cheating the IRS with all this not paying taxes and now going for tax credits.

If you're willing to give the info, where does he work? What does he do for work specifically if that's less info?

And yes, no paystubs will give you trouble. Like I said, anyone can cook up an employment letter. Paystubs back up that letter. Things like this are something that you can't get around. You're already at the end of your options for proof, you can't afford to wing it.

I HEAVILY suggest to not go through with this until he has a real job. This keeps getting weirdy and keeps sounding more and more like there's something illegal going on. Not paying taxes since 2008, his dad not paying taxes since 2005, him not filling out a W4 at his company but somehow has done a W10 for child tax credits?

Edited September 22, 2015 by Ash.1101

[starlisle 0]

... A W10 is for child care and tax credits for someone with children or dependants.

He would do a W10 if he was paying someone for babysitting/child care or he would do a W10 is if he was on a dependant care plan through the company, but that would require him to have a child. It's main purpose is to get tax credits.

W10 form is below, the second link is a lawyer page talking about the W10. The others are.. child care websites. Because that's the purpose of a W10... You don't pay W10 taxes, all you get from a W10 is showing how much you paid for childcare so you can get a tax credit...

http://www.irs.gov/pub/irs-pdf/fw10.pdf

http://www.doughroller.net/personal-finance/what-is-a-w-10-form/

http://www.daycare.com/forum/showthread.php?t=25772

http://www.familychildcaretaxes.com/tax_tips_article.php?blRecordNumber=100

I think that you truly need to get all of this straight. This gets weirder and weirder everytime there's a new post. Like, it seriously continuously sounds like they're cheating the IRS with all this not paying taxes and now going for tax credits.

If you're willing to give the info, where does he work? What does he do for work specifically if that's less info?

And yes, no paystubs will give you trouble. Like I said, anyone can cook up an employment letter. Paystubs back up that letter. Things like this are something that you can't get around. You're already at the end of your options for proof, you can't afford to wing it.

I HEAVILY suggest to not go through with this until he has a real job. This keeps getting weirdy and keeps sounding more and more like there's something illegal going on. Not paying taxes since 2008, his dad not paying taxes since 2005, him not filling out a W4 at his company but somehow has done a W10 for child tax credits?

He hasnt paid taxes because like I said he has had a rocky economy the last few years and this is his first job since 2008, he hasnt had a job he needs to pay taxes for until now. I just asked him and he said the form is a W9 and not W10.

So if he gives me employment letter, and a draft from his bank account (showing the money coming in) we still stand no chance, with or without a co-sponsor? Because the employer said he doesnt get pay stubs as hes employed as an independent worker. When does the W9 has to be filed, at the end of the year? Do we get any receipt that we could use to build our case?

Like Ive said before, he earns enough money, can probably get the employment letter and he will pay taxes. Only the paystubs missing, is there anything else we can do instead of paystubs like the bank draft? Or copy his pay checks two months back prior to the interview?

[starlisle 0]

He hasnt paid taxes because like I said he has had a rocky economy the last few years and this is his first job since 2008, he hasnt had a job he needs to pay taxes for until now. I just asked him and he said the form is a W9 and not W10.

So if he gives me employment letter, and a draft from his bank account (showing the money coming in) we still stand no chance, with or without a co-sponsor? Because the employer said he doesnt get pay stubs as hes employed as an independent worker. When does the W9 has to be filed, at the end of the year? Do we get any receipt that we could use to build our case?

Like Ive said before, he earns enough money, can probably get the employment letter and he will pay taxes. Only the paystubs missing, is there anything else we can do instead of paystubs like the bank draft? Or copy his pay checks two months back prior to the interview?

Also his dad has nothing to do with this anymore because we will not attempt to use him as a co-sponsor due to him not paying taxes as he should and trust me noone is more upset about this than me. But his dad was wondering if he pays the 2014 and 2015 taxes if he could be a co-sponsor then? Or will they see that he didnt pay taxes for so long and there would be legal procedures to be taken towards his dad?

[starlisle 0]

And his employer says he doesnt get pay stubs as hes a freelancer or independent worker, I dont know what else he can submit. But I know we will get the employment letter in time, and I also know he will do his W9 taxes. Theres gotta be a way to sort this. We shouldnt even need a co-sponsor as my fiance earns enough money. But like I said, its the paystubs that are the problems.

I'm reading here: https://turbotax.intuit.com/tax-tools/tax-tips/IRS-Tax-Forms/What-Is-IRS-Form-W9-/INF14813.htmland trying to understand if he needs to send the W9 and 1099 to IRS himself or its the employer's job to do that? Because I do not trust his employer so I dont want it to be his job to send the tax papers in, who knows if he really does it? Then my fiance would get legal actions taken towards him right?

I dont really understand that website, does both the employer and independent worker fill in the W9 and 1099? Can someone please clarify this because every time I read the text in the link I get even more confused about the process, which I want to know how it works so I can assure nothing is left out, I am a very organized person but all of this is so different for me (in my country taxes are withdrawn from your paycheck automatically).

[starlisle 0]

If the employer would agree, could I write his paystubs (obviously the employer would provide me with the correct salary he has gotten)? How many paystubs would I need for the interview? This is driving me crazy, literally. But I can easily do the paystubs and send it to the employer so he can just check its right and sign it.

[Ash.1101 1,757]

If the employer would agree, could I write his paystubs (obviously the employer would provide me with the correct salary he has gotten)? How many paystubs would I need for the interview? This is driving me crazy, literally. But I can easily do the paystubs and send it to the employer so he can just check its right and sign it.

Honestly.

After this I can't help anymore. I don't know if he's a freelancer, if he's an independant contractor, a subcontractor, if he is actually employed by the company. You honestly don't seem to know anymore than anyone else does either.

No, you can never do this. Never ever ever ever ever. You have no right to do this, even with this premission WHICH IS INSANE it is considered fraud. Even someone sending a digital signature and telling you "put this on a paper and give it to the government" is fraud. You can NOT make up papers for him.

The only advice I can give you from this point on, is that if your fiance is truly a freelancer that he needs to get an accountant and that you should wait until next year to file your 129F. Wait until he has done his taxes, and has a tax return to show his income. You'll have something more than a non-backed up employment letter. If he's considered self-employed, he needs to file his taxes quarterly.

The only person who can sort these out are your fiance. If he wants you in the country as bad as you do (seriously you want to make some paystubs), let him get it sorted out.

Find another cosponsor if you have too.

I wish ya'll the best of luck and hope that you both truly sort out your priorities in life. You're willing to make up some documents because some guy gives you the okay, and your fiance is playing fast and loose with the IRS. Be careful out there, the government isn't one to be messed with.

Edited September 22, 2015 by Ash.1101

[KayDeeCee 4,903]

I will ignore the mention of writing your fiance's pay stubs yourself, as I have no words to respond to that nonsense.

Freelance/independent contractors = self-employed = he is still legally required to file taxes whether or not he was given a 1099 from his contracted, hiring client. He is legally required to file and pay his taxes, and he must do so. He cannot sponsor you unless he does.

Even if you somehow get approved for the K-1 visa with a letter from his not-actually-his-employer and pay stubs, using a co-sponsor or whatever other documentation, he will have to fill out an I-864 for your AOS once you are married. He will NOT get around not legally paying his taxes with that form. He must have legally filed for the last 3 years or provide a statement explaining exactly why he was not legally obligated to file. Since he is legally obligated to file, he must, or you will not be able to receive US permanent residency.

Here is the link again. HE needs to read and file. HE is responsible for filing his taxes, especially being self-employed. He may want to visit with a CPA > http://www.irs.gov/Individuals/Self-Employed

[starlisle 0]

I will ignore the mention of writing your fiance's pay stubs yourself, as I have no words to respond to that nonsense.

Freelance/independent contractors = self-employed = he is still legally required to file taxes whether or not he was given a 1099 from his contracted, hiring client. He is legally required to file and pay his taxes, and he must do so. He cannot sponsor you unless he does.

Even if you somehow get approved for the K-1 visa with a letter from his not-actually-his-employer and pay stubs, using a co-sponsor or whatever other documentation, he will have to fill out an I-864 for your AOS once you are married. He will NOT get around not legally paying his taxes with that form. He must have legally filed for the last 3 years or provide a statement explaining exactly why he was not legally obligated to file. Since he is legally obligated to file, he must, or you will not be able to receive US permanent residency.

Here is the link again. HE needs to read and file. HE is responsible for filing his taxes, especially being self-employed. He may want to visit with a CPA > http://www.irs.gov/Individuals/Self-Employed

I dont know where anyone of you people see that he doesnt want to pay taxes because every post I have written says that he wants to pay taxes.

He has every intention to pay taxes, we are just trying to figure out if he does it through his employer somehow (I read he should get forms from his employer when he's an independent worker, which is NOT the same as selfemployed) or if he needs to get the forms himself.

Before he was only given pocket money from his dad for doing some chores for him, well under the amount you dont need to file taxes for.

Because it says here https://turbotax.intuit.com/tax-tools/tax-tips/IRS-Tax-Forms/What-Is-IRS-Form-W9-/INF14813.htmlthat he should get it from his employer as an independent worker. We are trying to push his employer for the pay stubs and employment letter but damn its not easy, I dont know why, because i know his employer pays taxes and keeps record of everything (i have even seen the paycheck book where he keeps a track of everything).

Does he not know he has a duty to provide him with these documents? I have read online others having the same issue as an independent worker so hes hardly alone about this problem.

I just wish the tone of you guys were nicer because I sense you being very judgmental and acting like we are doing something criminal. When in fact you should feel sorry for us that he has an employer not wanting to give us the proper documents. And no more mentioning about him paying taxes-HE WANTS TO PAY TAXES AND HE IS GOING TO PAY TAXES. Thank you, just wanted to clarify that one more last time!

Would still very much appreciate advise from someone that actually has something to add to this case but insults or patronizing comments.

Questions:

Such as what do we do if he doesnt get paystubs and only retrieves the employment letter and then he files his w9 (with form 1099) taxes? Is a co-sponsor the only solution then?

Do we have to have a co-sponsor even if he will get paystubs and employment letter because he doesnt have tax return going three years back? Or will employment letter, paystubs and the last tax return be enough?

When will he get the tax return (so we can plan accordingly because I have understood that the problems may occur when the support of affidavit turns to form I864 and not on the fiance I134). We will want him to have his tax return back at that point. And also, if he goes abroad will this cause problems? Because he is planning to come here for 2-3 months (like in november or december) which will obviously affect his taxes right, but we can easily prove he was having time off work right by showing the plane tickets, boarding passes etc. Right?

Help highly appreciated.

Edited September 22, 2015 by starlisle

[Transborderwife 4,666]

Firstly, don't take things here so personally. You can't tell people here how to act specially if you want their advice. That's the way an open forum works, asking for advice you don't get to choose what's given back. Nobody is being. Judgemental simply telling you what's needed.

I still think that your fiance's job is murky at best. An employer giving 2-3 months off? What exactly does he do?

He must meet the guidelines of a sponsor income wise. If not, then get a joint sponsor. A vacation doesn't circumvent this. As for the taxes, he needs to either file for the past 3 years or provide a letter of explanation as to why he hasn't been required to file.

[noxavis 0]

Hi,

I am not a tax expert so unfortunately I can't help you there. However, repeating what others have said so far: For the K1 application it is sufficient to have ONE year of tax returns. If you have the employment letter and do manage to get paystubs that will be sufficient for NOW (for my application it seemed to be enough anyway)....BUT once you file for adjustment of status, from what I know, you will need THREE past tax returns. If he wasn't employed at all during the time before this coming tax return then you will most likely have to explain why.

Getting his tax returns back will depend on when you file for the taxes. So far for me I always got them back a few weeks (about a month) after filing.

He is the USC petitioner and therefore can travel how much he wants. My fiancé came to visit me for 4 weeks last month. Not a problem. If he's lucky enough to have a job where he can take that much time off, good for him. Just be sure that he will have a job to go back to.

[KayDeeCee 4,903]

It is not judgmental to tell you what needs to be done for immigration. That is what you came here asking about. I will not stop talking about him paying taxes because THAT IS THE ANSWER.

For any of the last 3 years that he did not file because his income was too low and below the IRS filing threshold, that is fine. For any of them that he was above the threshold and did not file, that is not fine and he needs to file the back taxes. He should get the info on filing taxes from an accountant and/or the IRS > http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Filing-Past-Due-Tax-Returns

A freelancer/independent contractor IS self-employed, and would receive a 1099 from anyone that contracted them for more than $600 in a year. However, you can still file taxes if you cannot get the 1099. You file as self-employed > http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Independent-Contractor-Defined

If he signed a contract as an actual employee and filled out a W-4 for work. He should receive pay stubs showing how much in taxes were withheld from each check, and would receive a W-2. If this is not the case, then he can report the employer for not providing the W-2. If this is not the case, then he is NOT an employee and is self-employed as an independent contractor. Honestly, he should know whether or not he is an employee or self-employed.

You will need a co-sponsor if you cannot prove current income. Those that are self-employed mainly use their taxes to prove income and they will go by line 22 of the 1040, which is Total Income. I do not know if your consulate would insist on seeing his tax return too.

Even if you get through the K-1 visa interview without the taxes and a co-sponsor with the I-134, he must have any taxes filed for the last 3 years in which he was legally required to do so.