
Freedove7
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Posts posted by Freedove7
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If someone pays you cash, what you are suppose to do is log it and claim it on your taxes as a self-employed person. For example, if i mow the neighbors lawn and they pay me $20 cash... this would be taxed as if i was self employed, or running my own business. If i only mowed 1 lawn all summer and the mower was $200, I would write off the cost of the mower and gas and pay nothing in taxes... but still have to file. Just because you get cash, does not mean it is not supposed to be claimed and taxed. Do it as self employed... if you wanted to be legal about it.
You are right.I dont see why he doesnt just do that.He's been lazy about this whole green card process and im doing everything alone.What you and other people are advising sound straight foward and simple.I am dragging him to someone who prepares taxes in our neighborhood today ! So we just giive an estimate of what he makes correct ? Will the accountant need proof ?
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Some general principles:
- A cosponsor can take on the full burden of support. My USC now-wife was unemployed through the entire process. We had a cosponsor with more than sufficient income. We sent an I-864 for my wife, showing zero current income and only one tax return from the preceding 3 years, and an I-864 for our cosponsor, with a full set of tax returns and evidence, and everything worked fine.
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Everything you send USCIS, including any and all I-864 documentation you send for any I-864 MUST MUST MUST be completely, utterly, unimpeachably true. Any false or misleading documents you introduce into your immigration file are a slowly growing cancer that can surface years later and erase your entire immigration status, even years after you eventually become a US citizen!
- Looking ahead, you will not be able to get through Removal of Conditions or citizenship unless you can produce, personally, a tax return with your name on it each year. File as "married filing separately" if you must, to keep your tax issues separate from your husbands', but regardless of how you do it you will have to file taxes each year, even if your husband is apparently [or thinks he is] getting away without it.
Do we write a letter stating that the co sponsor will take on the full responsibility of supporting me or will they automatically assume it ? There are no long time benefits that come from not paying your taxes.Honestly though,he lost his job in 2009 and was unemployed in 2010.. He made extra cash here in there but I wouldnt call it employed.So for 2010 I could say just that.He only owes money for 2011 and tax season is not over yet.
- A cosponsor can take on the full burden of support. My USC now-wife was unemployed through the entire process. We had a cosponsor with more than sufficient income. We sent an I-864 for my wife, showing zero current income and only one tax return from the preceding 3 years, and an I-864 for our cosponsor, with a full set of tax returns and evidence, and everything worked fine.
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Thank you all for your advice.I really appreciate it
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You will need to request bank deposit notices and follow when he deposits the money / checks. Then tax the money at the rate for the year this is why he needs to hire a professional. He will owe the IRS.
He cashes them at a cash check..He has nombank qccount :-/
He has no bank account.sorry for the typos !
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You have several issues going here.
By working under the books, he is not only cheating himself, but it is illegal as he is lying to the government. You do need to come clear with IRS, even if you don't make any money you are still required to file taxes. I would recommend hiring a CPA, who can do your taxes for missing years.
While having a co-sponsor is helpful, your husband will still need to file an I-864 for your sponsorship and he will be required to show documentation. The co-sponsor will be used if he doesn't make enough to support you, but he is still responsible to provide the documentation. I don't see how can you explain that you didn't file taxes, the law is pretty clear. Back file the taxes and then submit your paperwork. Don't lie to the government they will find out and hunt you, as well as they will penalize you for that.
The problem is,we have no idea how to prove how much he made over the past two years.We might have an issue with the IRS,but will this really matter to immigration? The thing is,no tax is taken off his checks,so how can he file for taxes if he doesnt pay them ? He's procrastinating about going to see a CPA and I really need to send my application.This is so exhausting.
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My petitioner is my husband who does not pay taxes and gets paid off the book.Again,he works for nightclubs doing promotion for their events.The club owners did not ask for his social security number and his checks are not under his full name.They did not issue him any form related to tax or anything.He does not get paid on the same day every week and the amount varies.He lost his "real" job in 2009 and thats the last year he paid taxes.In 2010,we were broke and were financially suported by family.He did this promoting thing on the side and was paid mostly in cash.In 2011, he started getting paid in checks...Now we ordered transcripts from 2007,2008 and 2009. Should we send them ? Should we write a letter explaining why he did not pay taxes for the last. 2 years ? Aside from him cheating himself of future benefits,and not following tax rules...Will my adjustement of status be jeopordized ? My sponsor has a salary way above the poverty lne and has been working for the same company for 20 yrs.Will that be taken into consideration ? can my joint sponsor be responsible for my full support ? any advice will be appreciated.Im ready to send this application now,but this tax issue is bothering me and I dont know what to do ! Also keep in mind that Ive been here for 19 yrs,I have a social,work permit,and legal status as of last yr.Will they take this into consideration?
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Thanks guys.$99 is a lot of money ! I found a place that does it for about $55.I had no idea that you could translate it yourself.Wow...To be on the safe side,I'll go to a professional translator instead.
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I asked this question a while ago and just want to confirm.I sent the I-130 as a stand alone back in January.I plan on submitting the I 485 this month or in April the latest.If I send the NOA along with the application will my case become concurrent or is it too late by now ? When should I expect my greencard in my hands if I send the application in April ? My husband is a US citizen and im adjusting from temporary protected status.
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Alright.I will do that.Is this a quick and easy process ? I want to send the AoS application as soon as im done with the medical exam part.I know someone who prepares tax forms.I will bring copies of my husband's checks and we'll go from there.Thanks
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The IRS will take his word that his income was too low to report,until they can prove other wise. Just fill out the form with an esitmate number.
Ok,but which form are you referring to ?
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If he makes over $300 doing his promoting and handy man work he has to file as self-employed with the IRS and pay self-employment taxes. They pay him in checks, so there is a paper trail, if he filled out a W-9 he is supposed to get 1099's showing what the clubs pay him. The IRS has a copy of that too.
Even if he makes very little self-employed he can write most of it off,leaving very little if any tax liability, but that effects your bottom line of adjusted gross income, and he will probably not qualify. But he still has to file.
for example;
I made 80,000.00 in 2009 being self-employed but I wrote off to $34,000.00 and my EIC, child tax credits took care of my tax liability. In 2010 work was slow, I only made $12,000.00 again, my EIC and child tax credit took care of my tax liability. Being self-employed has it's down side. One week you're eating steak, the next ramen noodles.
If your husband did get food stamps and TANF, even with a co-sponsor they might still reject you. Even though, technically the USC can get means tested benefits, he got them and has such a low income he didn't file taxes, they might consider you a high risk of being a public charge.
Even though people say 'it's not April 15th yet, they don't need the 2011 taxes' a lot of people have found out they DO want the 2011 taxes and have had to scramble to get them done.
He now gets paid in checks but was paid mostly in cash in 2010. We didnt get TANF ,only foodstamps...will it matter that Ive been here since I was a child ? i mean,will they take that into consideration when they decided whether or not they think I will be a public charge ? my co sponsor has a high income and has been working for the same company for almost 20 years.
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If he is an independent contractor (self-employed) and not an employee that receives a W-2, then he needed to file taxes if he made over $400 in the year. Self-employed must pay self-employment taxes. If he made over $600 in the year from the same client, he would get a 1099 from them. He needs to file his back taxes, so he should file for 2010 and 2011 at the same time then. Check the bank statements to track down how much was deposited over the year, and he really needs to start keeping track of that. Part of being self-employed means you have to keep up with your own incoming income to report to the IRS. If he doesn't make enough to reach the 125% for your household size, then you will need a co-sponsor.
I already have a relative that is willing to be a co sponsor.He never received a 1099 .He has no bank account...How do we go about filing back taxes when he did not keep track of thr money he made ?
There is nothing stressful about this either he file stating that his income was too low,or he file his taxes showing the income number he can account for.
As for everything else, you may want to consider getting some type of software that will allow you'll to keep track of those checks he get for doing his nightclub job.
Is a letter stating that the ncome was too low sufficient or will we need to prove it ? Right now,we are photo copying his checks
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First you need to determine if his income was too low to file for 2010. That threshold is pretty low - around 9,500 for a year. If he made more than that, he needs to file and you need to include it or you will be denied. If he made less, you need to include a letter stating under penalty of perjury that he was not required to file based on the IRS laws and include what he actually made. If you aren't sure what he made I suggest he talk to his previous employer, check his bank statements, etc. If he was a private contractor he should have received a 1099 to use in filing taxes.
As for what he currently makes, you can estimate. Take the average he makes in a week and multiply by 52 or the average in a month and multiply by 12.
Unfortunately, even with a cosponsor, there is NO way to avoid the tax situation. If he was required to file he has to file and if he was not required he needs to prove that.
Yes,his income was too low.We even had to get food stamps and cash assistance.How can we prove that his income was too low ? He had no bank account...and I dont even think he had an employer.He basically promotes events for nightclubs.Its not like this is a stable job with a stable income...Sometimes he doesnt even bring home money.This is so complicated and stressful !
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Hi everyone.I posted a question related to this topic a couple of times and received good advice,but the issue still remains complicated ! My husband works at night clubs ,promoting parties and events.Prior to that,he worked as an Administrative Assistant.We requested Income Tax transcripts from the IRS for the past 3 years that he did pay taxes (2007,2008,2009) and he made well above the 125 % poverty line.2009 was the last year he worked as an Administrative Assistant.In 2010,he was practically unemployed,but made some money on the side by promoting for night clubs and sometimes doing handyman work.So he lables this as being self employed (or private contractor).He now works for two night club owners and I have copies of his 4 recent checks.He says he filled out a W9...Honestly,he doesn't bring home the same amount of money every week and sometimes 2 weeks passes by without him getting paid.How do I explain this complicated situation to immigration ? Maybe his income was too low to file for income tax in 2010 ? I know we wont have to worry about 2011 because I am sending my application before the deadline to file for taxes ends.Please tell me what to do..Oh and I also have a joint sponsor who makes a pretty good salary and has no dependents.Any advice would be appreciated !
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If a sponsor is legally required to file a tax return (according to IRS rules) then USCIS will require that the tax return was properly filed or they won't accept his affidavit of support, even if a joint sponsor is being used. However, his 2011 tax return won't be required with the affidavit of support until after the tax filing deadline, which is April 17, 2012. If he's submitting the affidavit of support before the tax filing deadline then he won't need his 2011 tax return. His 2010 transcript should be enough. If you're using a joint sponsor then his current employment and income won't be relevant.
Well I guess I better hurry up and send the application by April 17th.Thank you for your reply .Good info :-)
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Oops..Thanks for moving it to the right forum :-)
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My husband refuses to take the necessary steps to file for income taxes because of his pure laziness.For the past two years,he has been working in upscale nightclubs as a promoter.He gets paid with checks by various club owners, and doesnt bring home the same amount of money every week.I followed someone's advice on this forum and requested transcripts of his last 3 income tax returns(2008,2009', 2010). He usedto work in an office at that time...We called the IRS and asked about the proper steps to take inorder to report his income and pay taxes,but he hasnt done anything...Can I just have him fill out the affadavit and write a notice stating that he wasnt making enough to file for income tax ? My joint sponsor makes well above the povertiy line.Shouldnt that be enough ? Is my husbands employment and salary info important ?
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I'm really not sure, it is a lot less complicated if you are already in the US but it sounds like you're not there at the moment. It is unfortunate your husband is not being supportive at this time, my best piece of advice is to see if you can hold on till the paperwork pulls through before you make any drastic decisions, I do think it would be hard to process the application without his support even though you have been married a while. I am very sorry for what you are going through though and hope things get better. If things are that terrible and you need options, I think you should try and get legal advice, there are lawyers who will charge 30 dollars to answer an immigration question, if you are able to do something like that, I would recommend it so that you have your options if things don't work out.
Again, I'm sorry, I hope for the sake of you and your child things go well.
Im in the U.S.I've been here since I was a kid.Thanks for the advice though.Im hoping for the best.
Hopefully things workout between the two of you
Thanks :-)
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We've been together for 10 yrs and married for almost 5 years.Plus we have a kid. I cant believe how spiteful he could be at times.He threatens to not allow me to get the Green Card.We sent the I 130 which I learned was a mistake to send as a stand alone.Anyhow,I could wait since I did it the long way..What bothers me is the constant threats.ahe also needs to gather his tax information and still hasnt.My Joint Sponsor will have my documents ready by next week and after that,I just need to do my Medical.My husband is causing alot of stress.Do I have any rights as his wife for half a decade and the mother of his child ?? i mean,just incase he does something ?
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I read that they need to send their w-2 ,1099 and internal Revenue income tax return ( not the state income tax..? whats the difference?)What are those ? What else do they need to send ?
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Is your uncle a USC or LPR?
He's a USC.
Great advice everyone.Thank you all !!
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Hi everyone.Im in a bit of a mess here.My husband works in nightclubs as an Event Promoter and doesnt file for taxes.He told me he would file ,but he has a problem doing what he says he's going to do.Also I think he has trouble proving hisincome since he works under the table.He gets paid with checks though..What makes matters worse,he's not making enough money at all lately.We are behind on our bills and could barely make ends meet.I just received my social security number and work authorization about two months ago( I filed for an immigration benefit 2 yrs ago and finally fot approved...) Anyhow,my uncle is willing to be a co sponsor.He makes a grat and has no dependents.amy husband is thinking of getting financial assistance from the government and im scared that this will affect me getting my green card. We've always struggled,but we never ended up homeless or hungry.He managed to support me even berore we got married about 5 yrs ago.He also supports our child.We do get a helping hand from relatives here and there as well. We are both young and he made many mistakes that he is now paying the consequences for ( getting fired,not finishing his degree,not planning for success,etc). Some will ask how will he support me if he's in a financial crisis...All I know is that I've been living in the US. since I was a child and have never been in the streets or a beneficiary of governmnt assistance ( not that ai would qualify anyway lol). And we've been struggling together for 5 + years.I dont know how to answer this question honestly.?.So if he gets public asstistance will this affect my petition even though I will have a co sponsor ?
Mixed stories about petitioner and affadavit of support,someone please clarify.
in K-1 Fiance(e) Visa Process & Procedures
Posted · Edited by Freedove7
We have copies of some of his checks and could estimate how much he made for the year.The issue was that we dont have a copy of all his checks and I thought we would need the, to file.So an estimate of his income is sufficient without proof when we fo to file ?