Quick question to clear up unncertainty

[Mrs5k 2]

Hi everyone,

I just have a quick question that I'm a little confused about. My fiance worked for himself for about half of last year after he was made redundant, he now has another job and has been working there since January. My question is in regards to showing how much he makes....is it ok that his tax returns only show how much he made for half of the year? he wasn't making enough on his own to file taxes ( it was just a small eBay thing ) so he didn't file taxes when he wasn't employed. Should he send tax returns from more than just last year? should he send in pay stubs that show how much he makes now? I just want to make sure that it is ok that he didn't make enough last year for the visa limits but he now does.

Thank you everyone.

[KayDeeCee 4,893]

Hi everyone,

I just have a quick question that I'm a little confused about. My fiance worked for himself for about half of last year after he was made redundant, he now has another job and has been working there since January. My question is in regards to showing how much he makes....is it ok that his tax returns only show how much he made for half of the year? he wasn't making enough on his own to file taxes ( it was just a small eBay thing ) so he didn't file taxes when he wasn't employed. Should he send tax returns from more than just last year? should he send in pay stubs that show how much he makes now? I just want to make sure that it is ok that he didn't make enough last year for the visa limits but he now does.

Thank you everyone.

Current income is the most important factor. He can figure up what his yearly income will be for this entire year based on what he makes per month times 12 (or per week times 52). He will provide a letter from his employer stating his position and salary plus a few months worth of his most recent pay stubs. If the tax returns for the couple years prior to this most recent one can help show his ability to sponsor you, then yes, he should provide those too.

[LeftCoastLady 441]

Hi everyone,

I just have a quick question that I'm a little confused about. My fiance worked for himself for about half of last year after he was made redundant, he now has another job and has been working there since January. My question is in regards to showing how much he makes....is it ok that his tax returns only show how much he made for half of the year? he wasn't making enough on his own to file taxes ( it was just a small eBay thing ) so he didn't file taxes when he wasn't employed. Should he send tax returns from more than just last year? should he send in pay stubs that show how much he makes now? I just want to make sure that it is ok that he didn't make enough last year for the visa limits but he now does.

Thank you everyone.

If your fiancé filed an income tax return for 2011 (Jan. 1, 2011 - Dec. 31, 2011), then he should have included the income earned from his job as well as any money from his self-employment stint. Are you saying he didn't report the income he earned doing the Ebay thing? Depending on how much he earned, and he should check the IRS site to confirm, he may need to report that income, too. He has until April 17 to amend the return if he's already filed.

And now that he has a new job in 2012, it would be a good idea to include pay stubs along with the employment letter and tax transcript to show that he makes above the poverty level now.

[Gary and Alla 3,694]

Hi everyone,

I just have a quick question that I'm a little confused about. My fiance worked for himself for about half of last year after he was made redundant, he now has another job and has been working there since January. My question is in regards to showing how much he makes....is it ok that his tax returns only show how much he made for half of the year? he wasn't making enough on his own to file taxes ( it was just a small eBay thing ) so he didn't file taxes when he wasn't employed. Should he send tax returns from more than just last year? should he send in pay stubs that show how much he makes now? I just want to make sure that it is ok that he didn't make enough last year for the visa limits but he now does.

Thank you everyone.

He most likely did need to file taxes. Filing is not the same as "paying". He may well be exempt from paying tax but still needs to file. For the VISA, one year of tax returns will be enough. For the AOS he needs to attach one year tax return and a statement of how much he reported in income for the previous three years. He can't do that. OR he needs to provide a statement as to why he did not file taxes citing the IRS code that exempts him. There is none. It is not possible he could have made less than the threshold for filing a tax return and been able to feed himself.

Google "1040-(year)" to get the necessary forms and file his taxes for thse previous years. If no tax is due there is no penalty for filing late.

Depending on other factors, he may actually be due a refund from something like the Earned income credit. No way to know if you don't file.

[Mrs5k 2]

Hi everyone,

Thank you for your fast response. He was only making about $100 a month from what he was doing on eBay so he didn't eat into his savings as much whilst he was looking for a job so he didn't declare it but I will check the website. Thank you for clarifying that he should send pay stubs, hopefully we can get started on our journey soon!

[Gary and Alla 3,694]

Hi everyone,

Thank you for your fast response. He was only making about $100 a month from what he was doing on eBay so he didn't eat into his savings as much whilst he was looking for a job so he didn't declare it but I will check the website. Thank you for clarifying that he should send pay stubs, hopefully we can get started on our journey soon!

$100 per month exceeds the amount to file a tax return. He needs to file. He cannot claim an exemption under IRS regulations for the AOS. He is also self employed and therefore needs to file a schedule C.

He is required to pay self employment tax on every dollar he earns of 15.2%, this is in addition to any INCOME tax he may be required to pay. Self employment tax is Social Security and Medicare, everyone has to pay that on every dollar they earn. It is included in a regular tax return, schedule SE. The only way to avoid this is to offset his income with expenses, costs and depreciation, which he may be able to do with an online business and maybe not, but he would need to "zero out" his income from the business to avoid that tax.

[L+T 71]

$100 per month exceeds the amount to file a tax return. He needs to file. He cannot claim an exemption under IRS regulations for the AOS. He is also self employed and therefore needs to file a schedule C.

He is required to pay self employment tax on every dollar he earns of 15.2%, this is in addition to any INCOME tax he may be required to pay. Self employment tax is Social Security and Medicare, everyone has to pay that on every dollar they earn. It is included in a regular tax return, schedule SE. The only way to avoid this is to offset his income with expenses, costs and depreciation, which he may be able to do with an online business and maybe not, but he would need to "zero out" his income from the business to avoid that tax.

IRS Guides for requirement to file taxes... (here is $400 / year, self employed files)

http://www.irs.gov/i...d=96623,00.html

Edited March 11, 2012 by Thomas70

[Nich-Nick 3,354]

Hi everyone,

I just have a quick question that I'm a little confused about. My fiance worked for himself for about half of last year after he was made redundant, he now has another job and has been working there since January. My question is in regards to showing how much he makes....is it ok that his tax returns only show how much he made for half of the year? he wasn't making enough on his own to file taxes ( it was just a small eBay thing ) so he didn't file taxes when he wasn't employed. Should he send tax returns from more than just last year? should he send in pay stubs that show how much he makes now? I just want to make sure that it is ok that he didn't make enough last year for the visa limits but he now does.

Thank you everyone.

He can get approved for a visa in London with no tax return if he has other proofs of current income. So poor 2011 tax return won't be an issue (or needed) for London.

When you apply for your greencard, the Affidavit of Support will require his 2011 tax return. His previous two will show a better picture so good to send them too. And his current 2012 salary will be proved with employer letter and pay stubs.

[Mrs5k 2]

Ok I will let him know to look into that so thank you for your advice. He only has about 5 months missing from 2011 but in 2010 and 2009 he was working the same job, full time so I think we will just go ahead and give them as much evidence as possible lol.

[Gary and Alla 3,694]

IRS Guides for requirement to file taxes... (here is $400 / year, self employed files)

http://www.irs.gov/i...d=96623,00.html

I knew it was very low. Unless your job was a lemonade stand you basically have to file. Self employed ALWAYS has to file due to self employment tax. Before this is over he will need to have three years tax returns prepared. 2011, 2010 and 2009. He will not need it for the visa but he will for the AOS. Incidentally LPRs must ALWAYS file a tax return to keep their LPR status, it can be a joint return with their spouse. They WILL require them when you go for your citizenship.

[Nich-Nick 3,354]

I knew it was very low. Unless your job was a lemonade stand you basically have to file. Self employed ALWAYS has to file due to self employment tax. Before this is over he will need to have three years tax returns prepared. 2011, 2010 and 2009. He will not need it for the visa but he will for the AOS. Incidentally LPRs must ALWAYS file a tax return to keep their LPR status, it can be a joint return with their spouse. They WILL require them when you go for your citizenship.

Gary, I believe he filed a tax return but the adjusted gross income is low because he got laid off. He probably didn't claim his ebay amounts under self employment, but who will really know? Not USCIS. Not advocating tax fraud here but the average Joe has no clue and the IRS isn't bothered to suspect or know he sold some stuff on ebay. I've sold things on ebay and didn't do self employment taxes. It's a common mistake, though not excusable, that is not going to be discovered.

Okay...start yelling at me now for saying that.

[Reyan 56]

Well, the IRS is cracking down on this. EBay and other vendors are required to send you a 1099-K if you meet certain criterias (see link below)..

http://www.irs.gov/businesses/article/0,,id=251489,00.html

[Nich-Nick 3,354]

Well, the IRS is cracking down on this. EBay and other vendors are required to send you a 1099-K if you meet certain criterias (see link below)..

http://www.irs.gov/businesses/article/0,,id=251489,00.html

I think the guy falls short by about $19,500 for eBay to report his earnings, but that is good information to know.

[Gary and Alla 3,694]

Gary, I believe he filed a tax return but the adjusted gross income is low because he got laid off. He probably didn't claim his ebay amounts under self employment, but who will really know? Not USCIS. Not advocating tax fraud here but the average Joe has no clue and the IRS isn't bothered to suspect or know he sold some stuff on ebay. I've sold things on ebay and didn't do self employment taxes. It's a common mistake, though not excusable, that is not going to be discovered.

Okay...start yelling at me now for saying that.

I don't care if he cheats on taxes personally. we ought to throw the entire tax in the trash and start over without basing anything on income. As we see, that is too easy to avoid.

I was referring to the initial post which suggested he did not file taxes for some previous years. If he has tax returns for those years, then you are correct, who will know any better