Employer Letter

[bobbicho 0]

I work for a company that lists me as a independent contractor. When I called them and asked if they would write me a letter saying that I work for them they said they can't do that... I've worked for them for over 2 years and can submit 2 years of tax returns with Schedule C, bimonthly invoice statements and bank statements as proof of steady income. Will that be enough evidence?

[Otto 83]

I work for a company that lists me as a independent contractor. When I called them and asked if they would write me a letter saying that I work for them they said they can't do that... I've worked for them for over 2 years and can submit 2 years of tax returns with Schedule C, bimonthly invoice statements and bank statements as proof of steady income. Will that be enough evidence?

It is rare to get an employment letter (be it self employed/contractor or full-time/permanent) - Your tax returns and other documentation should be fine.

[bobbicho 0]

I work for a company that lists me as a independent contractor. When I called them and asked if they would write me a letter saying that I work for them they said they can't do that... I've worked for them for over 2 years and can submit 2 years of tax returns with Schedule C, bimonthly invoice statements and bank statements as proof of steady income. Will that be enough evidence?

It is rare to get an employment letter (be it self employed/contractor or full-time/permanent) - Your tax returns and other documentation should be fine.

ty very much, that is a big relief!

[Gary and Alla 3,694]

I work for a company that lists me as a independent contractor. When I called them and asked if they would write me a letter saying that I work for them they said they can't do that... I've worked for them for over 2 years and can submit 2 years of tax returns with Schedule C, bimonthly invoice statements and bank statements as proof of steady income. Will that be enough evidence?

If you are an independent contractor, you "work" for the company but you are not "employed" by that company and you cannot list them as your "employer". Declining to give you an employment is correct on thier part. You are "self employed". Your tax returns with schedule C and other supporting documents are sufficient. Bear in mind, they do not want to see the revenues of your business, they want to see your income, that which you claim as gross income on your 1040. Line 22. Schedule C is attached as a means of showing the source of income. The copies of invoices to the company you do work for would not be as helpful as your persoanl bank statements (not business bank statements) as a means to provde a "check and balance" to your claimed income. If you claim to make $40,000 per year, your tax return shows you claimed (and paid tax) on $40,000 per year AND your bank says you have deposited about that amount in your account...you are good to go. The bank figures would not have to match exactly, maybe you withold some cash when you make a deposit, but it needs to be in the "ballpark" to effectively support your other claims of income.

[bobbicho 0]

I work for a company that lists me as a independent contractor. When I called them and asked if they would write me a letter saying that I work for them they said they can't do that... I've worked for them for over 2 years and can submit 2 years of tax returns with Schedule C, bimonthly invoice statements and bank statements as proof of steady income. Will that be enough evidence?

If you are an independent contractor, you "work" for the company but you are not "employed" by that company and you cannot list them as your "employer". Declining to give you an employment is correct on thier part. You are "self employed". Your tax returns with schedule C and other supporting documents are sufficient. Bear in mind, they do not want to see the revenues of your business, they want to see your income, that which you claim as gross income on your 1040. Line 22. Schedule C is attached as a means of showing the source of income. The copies of invoices to the company you do work for would not be as helpful as your persoanl bank statements (not business bank statements) as a means to provde a "check and balance" to your claimed income. If you claim to make $40,000 per year, your tax return shows you claimed (and paid tax) on $40,000 per year AND your bank says you have deposited about that amount in your account...you are good to go. The bank figures would not have to match exactly, maybe you withold some cash when you make a deposit, but it needs to be in the "ballpark" to effectively support your other claims of income.

On both my '07 & '08 tax returns, my Line 22 reflects my business and standard deductions so the amounts are roughly $5,800 and $8,000 respectively. But my Schedule C Gross receipts are approx $25K per year. I'm afraid they will they consider the Line 22 as my income - which is below poverty level standards.

[Matt & Bing 56]

On both my '07 & '08 tax returns, my Line 22 reflects my business and standard deductions so the amounts are roughly $5,800 and $8,000 respectively. But my Schedule C Gross receipts are approx $25K per year. I'm afraid they will they consider the Line 22 as my income - which is below poverty level standards.

Gross receipts per your Sch C is not the same as income. There is also a differnce between your business deductions on Sch C and your standard or itemized deductions. The standard deduction is not reflected on line 22. Its after your adjusted gross income, on line 40.

[bobbicho 0]

On both my '07 & '08 tax returns, my Line 22 reflects my business and standard deductions so the amounts are roughly $5,800 and $8,000 respectively. But my Schedule C Gross receipts are approx $25K per year. I'm afraid they will they consider the Line 22 as my income - which is below poverty level standards.

Gross receipts per your Sch C is not the same as income. There is also a differnce between your business deductions on Sch C and your standard or itemized deductions. The standard deduction is not reflected on line 22. Its after your adjusted gross income, on line 40.

Technically, you could be right but my question is will my tax returns, invoices and bank statements showing that I make approximately $25K a year be sufficient proof that I can support my fiance? Will I be penalized for taking the deductions that Im allowed?

[JimVaPhuong 4,863]

On both my '07 & '08 tax returns, my Line 22 reflects my business and standard deductions so the amounts are roughly $5,800 and $8,000 respectively. But my Schedule C Gross receipts are approx $25K per year. I'm afraid they will they consider the Line 22 as my income - which is below poverty level standards.

Gross receipts per your Sch C is not the same as income. There is also a differnce between your business deductions on Sch C and your standard or itemized deductions. The standard deduction is not reflected on line 22. Its after your adjusted gross income, on line 40.

Technically, you could be right but my question is will my tax returns, invoices and bank statements showing that I make approximately $25K a year be sufficient proof that I can support my fiance? Will I be penalized for taking the deductions that Im allowed?

I'm no tax attorney, but I think deductions presume expenses are being paid, and the money spent is not going to be taxed. The presumption is that what's left after deductions is what you have available to support yourself and your spouse, which is your adjusted gross income.

Will you be penalized? No, you're getting a tax break for your deductions. Will the consulate hold it against you if those tax breaks mean your AGI is too low to support your fiancee? I would think the answer is yes.

[Goober 0]

I work for a company that lists me as a independent contractor. When I called them and asked if they would write me a letter saying that I work for them they said they can't do that... I've worked for them for over 2 years and can submit 2 years of tax returns with Schedule C, bimonthly invoice statements and bank statements as proof of steady income. Will that be enough evidence?

Here's what I'd do

Since you are your "own" employer. Design some letterhead and mimic the standard employment letter and attach your tax documents to it.

YOUR LETTERHEAD

To whom it may concern,

This will show that during the past 2 years John Smith Consulting Services has provided the services of John Smith to the ABC Corporation on a (pick one - full time or part time) basis. John Smith provides (brief description e.g. if you are a consultant put "Consulting" if you are a trainer put "Training") services.

During the 2007calendar year (Jan 1 through December 31) ABC Corporation paid John Smith $10,000 (see attached form 1099)

During the 2008 calendar year (Jan 1 through December 31) ABC Corporation paid John Smith $10,000 (see attached form 1099)

John Smith Consulting Services currently has a contract with ABC Corporation to provide services for the 2009 calendar year and the prospects for continuation of this contract are excellent.

Should you have any question please contact me at (xxx)xxx-xxxx

Sincerely,

John Smith Consulting Services

By John A. Smith

[Matt & Bing 56]

On both my '07 & '08 tax returns, my Line 22 reflects my business and standard deductions so the amounts are roughly $5,800 and $8,000 respectively. But my Schedule C Gross receipts are approx $25K per year. I'm afraid they will they consider the Line 22 as my income - which is below poverty level standards.

Gross receipts per your Sch C is not the same as income. There is also a differnce between your business deductions on Sch C and your standard or itemized deductions. The standard deduction is not reflected on line 22. Its after your adjusted gross income, on line 40.

Technically, you could be right but my question is will my tax returns, invoices and bank statements showing that I make approximately $25K a year be sufficient proof that I can support my fiance? Will I be penalized for taking the deductions that Im allowed?

I'm no tax attorney, but I think deductions presume expenses are being paid, and the money spent is not going to be taxed. The presumption is that what's left after deductions is what you have available to support yourself and your spouse, which is your adjusted gross income.

Will you be penalized? No, you're getting a tax break for your deductions. Will the consulate hold it against you if those tax breaks mean your AGI is too low to support your fiancee? I would think the answer is yes.

The bolded sentence is incorrect. Adjusted gross income is before you take the standard or itemized deductions. They do not care about how many deductions you have. They look at your income. To the original OP, you won't get penalized for taking deductions but the problem is your income comes from Schedule C. Gross income is not the same as taxable income. They have to look at your net income after your business deductions on Schedule C. And then later, you take the standard deduction or itemized deductions to deduct your home mortgage interest and property taxes, etc.

What's left after deductions is not "what you have available to support yourself and your spouse". The amount before deductions is what you have available for support. After all, paying your mortgage is part of supporting yourself.

I work for a company that lists me as a independent contractor. When I called them and asked if they would write me a letter saying that I work for them they said they can't do that... I've worked for them for over 2 years and can submit 2 years of tax returns with Schedule C, bimonthly invoice statements and bank statements as proof of steady income. Will that be enough evidence?

Here's what I'd do

Since you are your "own" employer. Design some letterhead and mimic the standard employment letter and attach your tax documents to it.

YOUR LETTERHEAD

To whom it may concern,

This will show that during the past 2 years John Smith Consulting Services has provided the services of John Smith to the ABC Corporation on a (pick one - full time or part time) basis. John Smith provides (brief description e.g. if you are a consultant put "Consulting" if you are a trainer put "Training") services.

During the 2007calendar year (Jan 1 through December 31) ABC Corporation paid John Smith $10,000 (see attached form 1099)

During the 2008 calendar year (Jan 1 through December 31) ABC Corporation paid John Smith $10,000 (see attached form 1099)

John Smith Consulting Services currently has a contract with ABC Corporation to provide services for the 2009 calendar year and the prospects for continuation of this contract are excellent.

Should you have any question please contact me at (xxx)xxx-xxxx

Sincerely,

John Smith Consulting Services

By John A. Smith

That's all fine but if his income does not meet the required level its meaningless.

[JimVaPhuong 4,863]

On both my '07 & '08 tax returns, my Line 22 reflects my business and standard deductions so the amounts are roughly $5,800 and $8,000 respectively. But my Schedule C Gross receipts are approx $25K per year. I'm afraid they will they consider the Line 22 as my income - which is below poverty level standards.

Gross receipts per your Sch C is not the same as income. There is also a differnce between your business deductions on Sch C and your standard or itemized deductions. The standard deduction is not reflected on line 22. Its after your adjusted gross income, on line 40.

Technically, you could be right but my question is will my tax returns, invoices and bank statements showing that I make approximately $25K a year be sufficient proof that I can support my fiance? Will I be penalized for taking the deductions that Im allowed?

I'm no tax attorney, but I think deductions presume expenses are being paid, and the money spent is not going to be taxed. The presumption is that what's left after deductions is what you have available to support yourself and your spouse, which is your adjusted gross income.

Will you be penalized? No, you're getting a tax break for your deductions. Will the consulate hold it against you if those tax breaks mean your AGI is too low to support your fiancee? I would think the answer is yes.

The bolded sentence is incorrect. Adjusted gross income is before you take the standard or itemized deductions. They do not care about how many deductions you have. They look at your income. To the original OP, you won't get penalized for taking deductions but the problem is your income comes from Schedule C. Gross income is not the same as taxable income. They have to look at your net income after your business deductions on Schedule C. And then later, you take the standard deduction or itemized deductions to deduct your home mortgage interest and property taxes, etc.

What's left after deductions is not "what you have available to support yourself and your spouse". The amount before deductions is what you have available for support. After all, paying your mortgage is part of supporting yourself.

You are correct. AGI is before standard or itemized deductions. However, as you noted, the deductions the OP was talking about were his business deductions, which are calculated on schedule C, and are reflected on line 22 - total income, which is also before AGI.

And yes - AGI is what you have left to live on. Deductions like mortgage interest are taken AFTER the AGI is calculated. Where I erred was implying that AGI was the basis for determining whether you meet the minimum income requirements to sponsor. The basis is total income - line 22, and not AGI. The OP's total income on line 22 is not high enough.

[Gary and Alla 3,694]

I work for a company that lists me as a independent contractor. When I called them and asked if they would write me a letter saying that I work for them they said they can't do that... I've worked for them for over 2 years and can submit 2 years of tax returns with Schedule C, bimonthly invoice statements and bank statements as proof of steady income. Will that be enough evidence?

If you are an independent contractor, you "work" for the company but you are not "employed" by that company and you cannot list them as your "employer". Declining to give you an employment is correct on thier part. You are "self employed". Your tax returns with schedule C and other supporting documents are sufficient. Bear in mind, they do not want to see the revenues of your business, they want to see your income, that which you claim as gross income on your 1040. Line 22. Schedule C is attached as a means of showing the source of income. The copies of invoices to the company you do work for would not be as helpful as your persoanl bank statements (not business bank statements) as a means to provde a "check and balance" to your claimed income. If you claim to make $40,000 per year, your tax return shows you claimed (and paid tax) on $40,000 per year AND your bank says you have deposited about that amount in your account...you are good to go. The bank figures would not have to match exactly, maybe you withold some cash when you make a deposit, but it needs to be in the "ballpark" to effectively support your other claims of income.

On both my '07 & '08 tax returns, my Line 22 reflects my business and standard deductions so the amounts are roughly $5,800 and $8,000 respectively. But my Schedule C Gross receipts are approx $25K per year. I'm afraid they will they consider the Line 22 as my income - which is below poverty level standards.

They will not consider gross revenues of the business, it is your NET profit which gets reported on line 22 that they consider. Better line up a co-sponsor.

[Gary and Alla 3,694]

I work for a company that lists me as a independent contractor. When I called them and asked if they would write me a letter saying that I work for them they said they can't do that... I've worked for them for over 2 years and can submit 2 years of tax returns with Schedule C, bimonthly invoice statements and bank statements as proof of steady income. Will that be enough evidence?

Here's what I'd do

Since you are your "own" employer. Design some letterhead and mimic the standard employment letter and attach your tax documents to it.

YOUR LETTERHEAD

To whom it may concern,

This will show that during the past 2 years John Smith Consulting Services has provided the services of John Smith to the ABC Corporation on a (pick one - full time or part time) basis. John Smith provides (brief description e.g. if you are a consultant put "Consulting" if you are a trainer put "Training") services.

During the 2007calendar year (Jan 1 through December 31) ABC Corporation paid John Smith $10,000 (see attached form 1099)

During the 2008 calendar year (Jan 1 through December 31) ABC Corporation paid John Smith $10,000 (see attached form 1099)

John Smith Consulting Services currently has a contract with ABC Corporation to provide services for the 2009 calendar year and the prospects for continuation of this contract are excellent.

Should you have any question please contact me at (xxx)xxx-xxxx

Sincerely,

John Smith Consulting Services

By John A. Smith

He can do that, but his income is still not high enough. It is a problem with many self employed people. As much as possible is written off as a business expense to reduce tax liability, but it also reduces income. They do not care that the business pays for your car or utilities and that you actually live much better than indicated by line 22. Line 22 is not enough. You need a co-sponsor

[Gary and Alla 3,694]

On both my '07 & '08 tax returns, my Line 22 reflects my business and standard deductions so the amounts are roughly $5,800 and $8,000 respectively. But my Schedule C Gross receipts are approx $25K per year. I'm afraid they will they consider the Line 22 as my income - which is below poverty level standards.

Gross receipts per your Sch C is not the same as income. There is also a differnce between your business deductions on Sch C and your standard or itemized deductions. The standard deduction is not reflected on line 22. Its after your adjusted gross income, on line 40.

Technically, you could be right but my question is will my tax returns, invoices and bank statements showing that I make approximately $25K a year be sufficient proof that I can support my fiance? Will I be penalized for taking the deductions that Im allowed?

You are not "penalized" I do not think you thought you were penalized when you saved all that tax money. Invoices mean nothing as they do not reflect YOUR income, they reflect the business income. They care about your income. Line 22. I wasw self employed the year before the interview and after reviewing the requirements for the I-134 I did not take legitimate business expenses in order to keep my income, and the tax I paid, above the guideline. It cost a me a few thousand in extra tax. In retrospect, I should have kept the money and used a so-sponsor.