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TN Status + 1099-MISC + AOS

By IPv6Freely in Adjustment of Status from Work, Student, & Tourist Visas

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IPv6Freely Community Regular

IPv6Freely   64

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

I'm currently on a TN visa, and for some reason (not thinking ahead) I did some freelance work on the side. I didn't realize at the time that this wasn't allowed under TN (since I wasn't employed by them... I had assumed that W-2's have to come from sponsoring employer, but 1099-MISC would be permitted from anyone). If I had thought ahead, I would have put my wife's name on the invoices and had the 1099 sent to her instead.

So, that mistake aside (not much I can do about it now), I have some thoughts...

a) I could file the 1099-MISC on our joint 2010 tax return and just hope nobody notices

b) I could put off filing our 2010 tax return until after I have my EAD, assuming I get it in time

c) I could file our 2010 tax return missing the 1099-MISC, and file an adjustment after I have my EAD

I'm inclined to choose (b)...

05/15/2006 - Moved to Kansas, USA on TN Status

10/16/2009 - Married in Missouri, USA
 

Family-based AOS from TN Status - Complete

Spoiler

(DAY 00) 06/18/2012 - Sent AOS Package to Chicago Lockbox

(DAY 01) 06/19/2012 - AOS Package received

(DAY 04) 06/22/2012 - Texts/Emails from USCIS confirming receipt

(DAY 07) 06/25/2012 - I-130 and I-485 checks cashed

(DAY 08) 06/26/2012 - NOA received in the mail

(DAY 12) 06/30/2012 - Biometrics appointment letter received in the mail. Appointment for 7/17/2012

(DAY 29) 07/17/2012 - Biometrics completed.

(DAY 51) 08/08/2012 - Interview email received. Scheduled for 9/11.

(DAY 53) 08/10/2012 - Paper Interview notice received in mail.

(DAY 86) 09/11/2012 - Interview. Approved on the spot.

(DAY 86) 09/11/2012 - GC Production ordered

(DAY 86) 09/11/2012 - EAD production ordered (not that I need it now...)

(DAY 87) 09/12/2012 - Case status moved from "card production" to "decision"

(DAY 89) 09/14/2012 - 2nd GC production ordered notice

(DAY 92) 09/17/2012 - EAD and GC mailed

(DAY 94) 09/19/2012 - EAD and GC IN HAND!

 

 

N-400 Application (5 year residency) - San Diego Field Office - Complete

Spoiler

 

(DAY 000) 08/15/2017 - N-400 Filed Online

(DAY 000) 08/15/2017 - Receipt Received, Case number assigned

(DAY 004) 08/19/2017 - Biometrics Appointment notification received

(DAY 010) 08/25/2017 - Biometrics Appointment PDF Posted (Date: 09/05/2017)

(DAY 013) 08/28/2017 - Biometrics Appointment Completed Early (Walk-In)

(DAY 014) 08/29/2017 - Case status now "We Reviewed Your Biometrics". 

(DAY 053) 10/06/2017 - In-line for interview. EGOV updated to "Interview Was Scheduled"

(DAY 054) 10/07/2017 - Interview scheduled. ELIS updated to "View your letter on your documents tab"

(DAY 057) 10/10/2017 - Interview PDF posted (Interview Date: 11/14/2017)

(DAY 092) 11/14/2017 - Interview in San Diego (Approved)

(DAY 112) 12/04/2017 - EGOV updated to "Oath Ceremony Notice Was Mailed"

(DAY 113) 12/05/2017 - ELIS updated to "View your letter on your documents tab"

(DAY 128) 12/20/2017 - Oath Ceremony Completed.

 

 

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CC90 Collaborator

CC90   90

Posted
Filed: Timeline
Posted (edited)

Do you mean your 2011 return?

Having an EAD doesn't make the previous work legal, but the previous work doesn't disqualify you from adjusting status. Filing your return without the 1099 (assuming you mean 2011) is going to cause the IRS to scrutinize every part of your return.

The IRS does not care that you worked illegally; it's DHS that enforces these rules. I would definitely file the 1099, and put "/SELF" next to your employment line on the G-325A to be perfectly safe. The IRS and DHS do not communicate these things; otherwise, it would discourage illegal workers from paying their taxes!

It will not disqualify you from adjusting (statutorily), and you should be upfront with this. Not filing the return on time or, especially, filing it without the 1099, is not a good idea.

If you do mean your 2010 return, file the amended return with the 1099 ASAP.

Edited by CC90
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IPv6Freely Community Regular

IPv6Freely   64

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
  • Author
Posted (edited)

Sorry, yes I meant my 2011 return. Keep forgetting it's 2012...

I only worry because we have to submit a copy of our 2011 tax return as part of the AOS package, on which they will obviously see that I "broke the rules".

Are you saying that it wont matter if I broke the TN rules at this point and it wont count against me for my AOS application?

Like I said though, I'm not going to just NOT file the 1099-MISC, I'll just immediately file an adjustment on my 2011 taxes once my EAD is approved. The idea being that DHS won't see the self-employment work during the process.

I'm not worried about the IRS scrutinizing my return - it's a VERY straightforward return, and I certainly plan on filing the 1099 as an adjustment immediately.

To summarize... I'd much rather the IRS take issue with me than DHS...

Edited by IPv6Freely

05/15/2006 - Moved to Kansas, USA on TN Status

10/16/2009 - Married in Missouri, USA
 

Family-based AOS from TN Status - Complete

Spoiler

(DAY 00) 06/18/2012 - Sent AOS Package to Chicago Lockbox

(DAY 01) 06/19/2012 - AOS Package received

(DAY 04) 06/22/2012 - Texts/Emails from USCIS confirming receipt

(DAY 07) 06/25/2012 - I-130 and I-485 checks cashed

(DAY 08) 06/26/2012 - NOA received in the mail

(DAY 12) 06/30/2012 - Biometrics appointment letter received in the mail. Appointment for 7/17/2012

(DAY 29) 07/17/2012 - Biometrics completed.

(DAY 51) 08/08/2012 - Interview email received. Scheduled for 9/11.

(DAY 53) 08/10/2012 - Paper Interview notice received in mail.

(DAY 86) 09/11/2012 - Interview. Approved on the spot.

(DAY 86) 09/11/2012 - GC Production ordered

(DAY 86) 09/11/2012 - EAD production ordered (not that I need it now...)

(DAY 87) 09/12/2012 - Case status moved from "card production" to "decision"

(DAY 89) 09/14/2012 - 2nd GC production ordered notice

(DAY 92) 09/17/2012 - EAD and GC mailed

(DAY 94) 09/19/2012 - EAD and GC IN HAND!

 

 

N-400 Application (5 year residency) - San Diego Field Office - Complete

Spoiler

 

(DAY 000) 08/15/2017 - N-400 Filed Online

(DAY 000) 08/15/2017 - Receipt Received, Case number assigned

(DAY 004) 08/19/2017 - Biometrics Appointment notification received

(DAY 010) 08/25/2017 - Biometrics Appointment PDF Posted (Date: 09/05/2017)

(DAY 013) 08/28/2017 - Biometrics Appointment Completed Early (Walk-In)

(DAY 014) 08/29/2017 - Case status now "We Reviewed Your Biometrics". 

(DAY 053) 10/06/2017 - In-line for interview. EGOV updated to "Interview Was Scheduled"

(DAY 054) 10/07/2017 - Interview scheduled. ELIS updated to "View your letter on your documents tab"

(DAY 057) 10/10/2017 - Interview PDF posted (Interview Date: 11/14/2017)

(DAY 092) 11/14/2017 - Interview in San Diego (Approved)

(DAY 112) 12/04/2017 - EGOV updated to "Oath Ceremony Notice Was Mailed"

(DAY 113) 12/05/2017 - ELIS updated to "View your letter on your documents tab"

(DAY 128) 12/20/2017 - Oath Ceremony Completed.

 

 

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CC90 Collaborator

CC90   90

Posted
Filed: Timeline
Posted

For your purposes, it will not count against you at all. The only way it could count against you is if you needed a waiver of inadmissibility; it would be counted as a small adverse factor in exercising their discretion. By statute, illegal work or presence cannot prevent you from adjusting status as an immediate relative of a US citizen. It's vastly irrelevant.

However, if you file now, you do not need to send a copy of your 2011 return. It is not due until April. You would send your 2010 return (if you have one). I assume that you're using some of your legal income as part of sponsoring yourself financially? The 1099 income obviously can't count toward the income requirement, but it doesn't sound like you were going to use it.

Nobody here will tell you to knowingly cover things up. The simple fact is that you cannot be prevented from adjusting status by working illegally as an immediate relative of a US citizen.

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