Working Remotely and Sponsoring

[RioJaguarJr 0]

I live/work in the US but am considering moving to Mexico to be with my girlfriend while waiting for either the K1 or CR1 Visa (yet to decided). I meet the income requirement for sponsoring, but have doubts over if my income would count towards this requirement. I haven't worked out all the details with my employer, but likely I would have to switch to 1099 contractor instead of my usual W2 in order to work remotely from Mexico. Once the visa arrives I would switch back to W2 with my employer and live in the US.

 

Would working as 1099 in Mexico and then move to US after the visa with the same company as W2 work with CR1 or K1 visa?

 

I think I would apply the foreign tax credit to my US taxes after paying in Mexico but still trying to figure out all the tax details. If I can't sponsor with my income as remote 1099 than I would have to scrap this plan and just stay as W2 in the US.

[Timona 4,207]

I haven't delved into this but I think 1099 or W2 doesn't matter to USCIS as long as you make enough. So, I think you'll be okay

[Sarah&Facundo 595]

I sponsored my husband with 1099s. I don't think having a W2 or 1099 matters. You just need to prove the income, which you can do with your taxes too. 

[Ontarkie 14,280]

~~Duplicate thread removed. Please do not start more than one thread for the same or related topic~~

[Villanelle 4,122]

https://immigrantsrising.org/resource/working-for-yourself-guide/

 

This is a link for a pdf geared towards DACA individuals explaining the general distinctions between 'employees' and 'self employed'

 

Honestly you are probably better off remaining a W2 employee. In addition to the 864 income concerns, you do realize you need to establish domicile. Were you planning on maintaining your US address? 

 

Also for the 864 as a self employed individual you need to show 1 year min of tax returns showing such self employed income over the guidelines. Will you be able to present so and when? 864 is for CR. 134 is for K and later 864 for AOS.  Check out the guides at the top of VJ. 

[pushbrk 12,979]

The issue with becoming a 1099 contractor, is that you are then self employed. The self employed state their current income as the "total income" line of their 1040 for the most recent tax year.  Depending on timing, you may not have yet filed a tax return as self employed, so you'll state your current income as zero.

 

Best to stay W2 if you can.

 

If not, perhaps showing a paper trail of your change of status with the same company and a signed letter from that company's HR department that you will return to a W2 job once back in the USA will carry the day.  Exactly how to handle this will depend on the timing and facts on the ground at the time you submit the I-864.

 

The proper label for 1099 payments would be "Business Revenue", not "Income".  Business income is revenue minus expenses.  1099s in this case are evidence of revenue, not evidence of income.

Edited June 25, 2022 by pushbrk

[RioJaguarJr 0]

Thanks everyone, think I will just stick with W2 and only visit her to keep things simple from visa application perspective