At the embassy interview, do you need to present pay stubs aswell as a tax return and employers letter?

[RUSSandRACHEL 3]

My fiance has been self employed for many years. He doesnt have tax returns to prove this and earnt very little during that time (not enought to meet the poverty line requirements). He now has a permanent job and by the time of our interview will have 6 months pay stubs showing a very good salary.

Upon preparing for the interview, would it suffice, having several pay stubs and his employers letter? Or does he need to give me a tax return? I thought that was only necessary for self employed people? If so, we need to do this now so he can get his tax return sorted as its already late April. And also, if they do need the tax return, how do they take into account whether he meets the requirements? By his current situation or his past?

Sorry for all the questions, just very confused...

[elmcitymaven 9,712]

Moved to US Embassy and Consulate forum as OP is asking about documents to be presented at the interview.

[baron555 934]

My fiance has been self employed for many years. He doesnt have tax returns to prove this and earnt very little during that time (not enought to meet the poverty line requirements). He now has a permanent job and by the time of our interview will have 6 months pay stubs showing a very good salary.

Upon preparing for the interview, would it suffice, having several pay stubs and his employers letter? Or does he need to give me a tax return?

Everyone who earns an income, above some very small minimum level, MUST pay federal and state income taxes. He will have one from last year and if not then that is not good.

I thought that was only necessary for self employed people? If so, we need to do this now so he can get his tax return sorted as its already late April. And also, if they do need the tax return, how do they take into account whether he meets the requirements? By his current situation or his past?

My belief is the current, with some consideration of the past.

Sorry for all the questions, just very confused...

[Anh map 2,098]

To echo what baron said, most folks are required to file a tax return even if they do not owe taxes. I have heard that the UK embassy takes the I-134/support aspect seriously. You should post your question in the UK regional forum to get specific embassy comments regarding tax returns / transcripts.

Present pay stubs, employer letter are expected at the interview.

Also, at the AOS phase (after you marry) the I-864 affidavit of support will be required. That looks for tax return information. Here is an excerpt from the I-864 instructions:

If you were required to file a Federal income tax return during any of the previous three tax years but did not do so, you must file any and all late returns with IRS and attach an IRS-generated tax return transcript documenting your late filing before submitting the I-864 Affidavit of Support. If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it.

Not trying to worry you, rather offering a peek ahead so that if your fiance does need to get anything taken care of you folks won't be scrambling to meet a deadline.

Edited April 28, 2009 by Anh map

[Gary and Alla 3,694]

My fiance has been self employed for many years. He doesnt have tax returns to prove this and earnt very little during that time (not enought to meet the poverty line requirements). He now has a permanent job and by the time of our interview will have 6 months pay stubs showing a very good salary.

Upon preparing for the interview, would it suffice, having several pay stubs and his employers letter? Or does he need to give me a tax return? I thought that was only necessary for self employed people? If so, we need to do this now so he can get his tax return sorted as its already late April. And also, if they do need the tax return, how do they take into account whether he meets the requirements? By his current situation or his past?

Sorry for all the questions, just very confused...

Current situation is usually more important. I think you will have no problem with proof of his current situation. Remember, they are trying to make a judegement if you will become a public charge. If he has a history of working and currently makes enough, there is no problem.

A tax return for the previous year is usually required by most consulates, do not confuse instructions for the I-134 with desires of the consulates, they are not the same thing. If he does not have one for 2008 because he did not earn enough money (and that is difficult to imagine as a self employed person must report his gross business income on schedule C) then he must give an explanation of why there is no return.

I think he should look at his situation very carefully, it is the very rare person that is not required to submit a tax return, though there are about 40% of people not required to pay income tax. Two very different things. Yes, he can prepare and send an income tax return now for 2008 (or 2007 and 2006 for that matter) if no tax is owed there is no penalty for filing late.

It is also an extremely rare thing for a self employed person not to owe "self employment" tax, which is not the same as "income" tax.

[thepizzadude 26]

It is also an extremely rare thing for a self employed person not to owe "self employment" tax, which is not the same as "income" tax.

Sorry

Could you please explain what "self employment tax" is then....?

[Gary and Alla 3,694]

It is also an extremely rare thing for a self employed person not to owe "self employment" tax, which is not the same as "income" tax.

Sorry

Could you please explain what "self employment tax" is then....?

Sure.

"Self Employment tax" is the 15.3% medicare and social security tax paid by self employed people on every dollar they earn. Up to a certain limit on SS and no limit on medicare. A person employed by another company (not self employed) pays half this amount in payroll deductions, the employer pays the pther half. Self employed people get to pay all of it. The first $400 of income is exempt (that may have been raised to $600, it is so low I wouldn't even bother to look) Which is why I say it is very rare for self employed individuals to be exempt from self-employment tax. Anything more than a lemonade stand will generate enough income that you owe the tax. No deductions, credits etc. are allowed against this. You make $1000, you owe $153.

Income tax, on the other hand, a person making $40,000+ can easily be exempt from ALL income tax, through deductions, credits, etc., depending on family size.