Affidavit of support issue

[martako 8]

Hey guys! I have some issue with I-134.

My fiancé (American) is a server. On w2 he has annual income something over $25k. They have tips included so he pays the taxes from tips too. But not his overtips(tips people give him over the tips that are included) so he doesn't pay the taxes from this "income". Is it legal?

His bank confirmed his deposit is around $50k per year, his employer also confirmed his early income is almost $50k.

So now, I have no idea, what should I put to the form. $25k or $50k?

Please help me guys!

Thank you

[almost_umrican 53]

USCIS will only care what the W-2 states.

[Amhara 460]

Yeah, the USCIS and DoS will use the $25K as he's not reporting or paying taxes on $25K of income each year, which is not the way your fiance should be submitting his returns.

Sure wish I could have $25K annually tax free...

[martako 8]

I know I told him it's weird. Apparently it is considered as a gift. Idk we will have to find out.

[almost_umrican 53]

you guys need a third party to sponsor you.

[Amhara 460]

I know I told him it's weird. Apparently it is considered as a gift. Idk we will have to find out.

No, Tips are never considered a gift.

[martako 8]

According this http://aspe.hhs.gov/2015-poverty-guidelines#guidelinesthe poverty guideline for two people in the household is $15,930. So we fit in that no? (125% of 15,930 is 19,913)

Am I wrong???

[Ash.1101 1,755]

No, Tips are never considered a gift.

This 100%. If you give someone with a gift, it's with no intent to have a service or because you received a service.

In this case, people tip him as a thank you for his service, but it's not a gift, it's voluntary compensation for the service he provided.

As for the question. If you put 50k, and only show a tax return for 25k, they're going to ask where the rest of the money is coming from. You have PROOF via tax returns he makes 25k, so you just need to put 25k.

And yes, for two people, sponsor and beneficiary, you only need 19912$ per year. You're fine on that, but I would recommend getting the taxes straight.

Edited September 18, 2015 by Ash.1101

[martako 8]

This 100%. If you give someone with a gift, it's with no intent to have a service or because you received a service.

In this case, people tip him as a thank you for his service, but it's not a gift, it's voluntary compensation for the service he provided.

But the tips are already included, and from that he does pay the taxes. Anyway, I don't know about that, now let's back to affidavit.. Do we need another sponsor? What is the poverty line? I'm super confused right now!

Ok thank you very much guys!!! ❤️

[almost_umrican 53]

i am sorry but please ignore my last reply. the information was not correct.

[Lian&David 6]

You might see what he reported as his adjusted gross income on his federal taxes. His W2 might say $25,000 but he could have also declared the tips as income on the tax return. So the W2 can be different than his tax transcripts. His luck. Hope he followed the law and declared the tips.

[gw68ad78 64]

Sounds like he didn't.

[Ash.1101 1,755]

Yea, I don't think something like "overtips" are exempt from declaration.

Any money you make is suppose to be taxed, just because some of his tips are taxed doesn't mean he shouldn't be paying taxes on the other 25000$ that he makes.

Either way, you need to put down what ever it says on his W2 and he also needs to see about getting his taxes in order.