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Posted

Hi everyone, thanks for taking the time out to read my post!

My Fiance in the US does not pay taxes at her job she makes about 40K a year none taxed just; got this job this year. what should we do.... ? we do have a co-sponsor to cover the poverty guideline but I know she has to file out an affidavit as well... should she include her income. should she not?

should she put on the form a portion of it...? she sometimes get paid in cash some checks.

PLEASE PLEASE YOUR ADVICE IS GREATLY APPRECIATED! WE DONT KNOW WHAT TO DO.

THNX,

JOE

Filed: Other Country: Guyana
Timeline
Posted

I would think she shouldnt report any income but thats my thoughts on that(if the co-sponsor reaches the guidelines should be okay).....good question thou.

Ro

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Filed: Citizen (apr) Country: Mexico
Timeline
Posted

The bigger question here is why doesn't your fiance pay taxes?

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Filed: K-1 Visa Country: Canada
Timeline
Posted

If she makes 40K a year and it is just you two, you won't need a co-sponsor.

I do pay taxes, but just recently started my job so I didn't have W2 or 1040 to turn in (I did volunteer work for the previous two years as well, so no relevant tax records at all). I handed in a letter from my employer stating how much I make and that I was in good standing. I also handed in the one pay stub I got before going to direct deposit. I also printed out all my bank statements since I got the job and highlighted the direct deposits into my bank account to prove how much I was getting paid. I make between 30K and 40K a year and there was no problems. Your consulate may be different. Where are you from?

I'm more concerned about why she doesn't pay taxes? Most everyone in America need to pay taxes. Those who make less than $9500 do not need to pay taxes. Even if her employer doesn't withhold any, or is self-employed, she is still required to file and pay taxes. If she is getting money under the table in that large amount, I'm sure you will have trouble with affidavit.

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

Hi everyone, thanks for taking the time out to read my post!

My Fiance in the US does not pay taxes at her job she makes about 40K a year none taxed just; got this job this year. what should we do.... ? we do have a co-sponsor to cover the poverty guideline but I know she has to file out an affidavit as well... should she include her income. should she not?

should she put on the form a portion of it...? she sometimes get paid in cash some checks.

PLEASE PLEASE YOUR ADVICE IS GREATLY APPRECIATED! WE DONT KNOW WHAT TO DO.

THNX,

JOE

If she is considered a contractor, and thus files taxes as self employed then you may need a joint/co sponsor if she has not filed a tax return so far.

If she's just avoiding the income tax that is a separate issue that may have other life consequences. As far as satisfying the affidavit of support she will have to prove her income. Being paid in cash is tough to prove without records of deposits that match the cash claimed. This could become a "bigger" issue later on at the Adjustment of Status phase when the I-864 is required.

Being untruthful on immigration related documents can have dire consequences. So choose your path carefully. There are no "simple excuses" for knowingly giving false information.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Posted

Thank you guys for your reply.

She is a nanny and her boss pays her with sometimes cash or checks....

Can she get a letter saying stating her position from the employer? and maybe show some checks she's received...

As you all know a nanny position is most likely unpaid....

or should we just use the co sponsor and not include anything for her?

Thanks for your replies

Joe

Posted

If she is considered a contractor, and thus files taxes as self employed then you may need a joint/co sponsor if she has not filed a tax return so far.

If she's just avoiding the income tax that is a separate issue that may have other life consequences. As far as satisfying the affidavit of support she will have to prove her income. Being paid in cash is tough to prove without records of deposits that match the cash claimed. This could become a "bigger" issue later on at the Adjustment of Status phase when the I-864 is required.

Being untruthful on immigration related documents can have dire consequences. So choose your path carefully. There are no "simple excuses" for knowingly giving false information.

I understand, and thanks for your advice. that was a concern for us....the i-864 step that would be required later....

She will be looking for another job in the new year, but for the 1864 stage can we just use a co-sponsors information if she is, lets say unemployed ? hypothetically ....

I hate this situation so much... thanks again for your replies

joe

Filed: K-1 Visa Country: Canada
Timeline
Posted (edited)

Joe,

I would say this would be the correct way to do this. She should be keeping track of all the money she gets paid. This is her income. The best way would be to deposit it in a bank account as soon as she gets it. Then she can print out her bank statements and show her income. If she hasn't deposited them, the copies of the checks should help to. I would definitely do a letter from the employer as well. However, since she has an 'irregular' income I would probably recommend a co-sponsor as well. It won't hurt.

I'm not going to bug you or her about it any more, but she should be paying taxes on it. There was a recent post on here about a man who was deported 20 years after coming to the US for tax fraud he committed when he first came. Tax crimes are some of the worst in the eyes of the government.

To be honest, I would feel very uncomfortable listing her as 'unemployed' when she makes 40K a year. If they somehow asked where that money comes from, or how she makes a living, how would you answer?

Unlike some countries, nanny positions here in USA are paid, and usually quite well at that.

Edited by szemek
Filed: AOS (pnd) Country: Croatia
Timeline
Posted

Sticky grounds. If she is getting paid 40K a year as a nanny and not paying taxes, she is breaking the rules.

I used to be a nanny, and my employers had to report this to taxes, in which I paid taxes as a self-employed individual. (1099-E)

If it's a NEW job, and she will be paying taxes after January, then she can submit her tax returns with the appropriate files, as well as letters from her employers.

"Let me tell you the secret that has led me to my goal. My strength lies solely in my tenacity. " ~ Louis Pasteur.

Met Online - 01/2010
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Engaged - 12/31/2010

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*Started the AOS process a bit late cuse I'm a slacker and suck

But, we've had no issues. It's coming along. Interview should

be shortly coming. Married life is great*

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Filed: AOS (pnd) Country: Croatia
Timeline
Posted

Sorry, forgot to add. If she's not paying her taxes, aside from the fact that she needs to. You'll need a co-sponsor.

"Let me tell you the secret that has led me to my goal. My strength lies solely in my tenacity. " ~ Louis Pasteur.

Met Online - 01/2010
Met in Person - 12/21/2010

Engaged - 12/31/2010

File - 07/26/2011

NOA1 - 08/02/2011

NOA2 - 12/22/2011 (e-mail notice)
Visa Approved - 03/13/2012

Married - 03/31/2012 <3

*Started the AOS process a bit late cuse I'm a slacker and suck

But, we've had no issues. It's coming along. Interview should

be shortly coming. Married life is great*

jest.gif

  • 4 weeks later...
Posted

Sorry, forgot to add. If she's not paying her taxes, aside from the fact that she needs to. You'll need a co-sponsor.

We do have a co sponsor.... ahh ill just wait it out and see how things go with the interview. I know its quite "sticky" thats why i asked you guys's opinion on this...becuz i feel uncomfortable in some way .

Thnx

 
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