Working off the books......

[Jauque 1]

Question 7 of the I-134 :

I derive an income of (If self employed, I have attached a copy of my last income tax return or report of commercial rating concern which I certify to be true and correct to the best of my knowledge and belief. See instructions for nature of evidence of net worth to be submitted.)

Without having previously claimed his 'self-employment' income, I believe the point is mute.

[Gary and Alla 3,694]

Question 7 of the I-134 :

I derive an income of (If self employed, I have attached a copy of my last income tax return or report of commercial rating concern which I certify to be true and correct to the best of my knowledge and belief. See instructions for nature of evidence of net worth to be submitted.)

Without having previously claimed his 'self-employment' income, I believe the point is mute.

"Moot" ...and NO, it isn't "moot" either.

Yes he has to attach a copy of last year's tax return. Maybe he doesn't meet the guidelines for last year because he didn't claim his cash income. And what? You do not have to meet this year's guidelines with last years income. You need to meet the guidelines with this years "current" income. I had exactly the same situation. My 2007 income did not meet the guidelines but my "current" income in 2008 did (we had our interview in August 2008) and my "current income" at the time was adequately verified. The visa was approved no questions asked.

For the AOS (also in 2008) my previous THREE years did not meet the guidelines, but my current income in November of 2008 when I filed the AOS, did and our AOS was approved...no questions asked. None of this was because I "cheated" but because as a self employed business owner much of my income was expensed or costed out to the business and little came "to me", not at all unusual for self employed people filing a legal and legitimate tax return. I changed my own employment status late in 2007 (just for that purpose) and have left it as such until now as it really works better for me anyway.

And I only stated PART of my "current" 2008 income, the part that was easy to prove. My bank deposits indicated much more. BUT there is no need to claim ALL your income on the I-134 if you do not need to (just as there is no need to list assets) and nothing says your bank deposits (or prior year tax returns) need to match. If you say you make $40,000 and your personal bank deposits for the last 12 months are $86,000, its a pretty good bet you make at least the claimed amount, which is plenty.

Like it or not...

He is currently doing nothing illegal and if he can adequately document ALL his current income he can list it on his I-134. If he cannot document it, then it will not be considered.

[TomT2566 1]

Debo,

If the interview date is in 2010, you will probably have enough time (if you are quick) to file a 2009 Form 1099 MISC, report your under-the-table income on your 2009 Form 1040 (as business or other income) and send a copy of the return to the beneficiary to bring to the Consulate. You will have to pay taxes on the previously hidden cash, of course. The changes in your return could trigger an IRS audit but that's an unavoidable risk.

p.s.

Tend your thread; it's tiresome for members to feel that they are posting into a vacuum.