Mixed stories about petitioner and affadavit of support,someone please clarify.

[Freedove7 17]

My petitioner is my husband who does not pay taxes and gets paid off the book.Again,he works for nightclubs doing promotion for their events.The club owners did not ask for his social security number and his checks are not under his full name.They did not issue him any form related to tax or anything.He does not get paid on the same day every week and the amount varies.He lost his "real" job in 2009 and thats the last year he paid taxes.In 2010,we were broke and were financially suported by family.He did this promoting thing on the side and was paid mostly in cash.In 2011, he started getting paid in checks...Now we ordered transcripts from 2007,2008 and 2009. Should we send them ? Should we write a letter explaining why he did not pay taxes for the last. 2 years ? Aside from him cheating himself of future benefits,and not following tax rules...Will my adjustement of status be jeopordized ? My sponsor has a salary way above the poverty lne and has been working for the same company for 20 yrs.Will that be taken into consideration ? can my joint sponsor be responsible for my full support ? any advice will be appreciated.Im ready to send this application now,but this tax issue is bothering me and I dont know what to do ! Also keep in mind that Ive been here for 19 yrs,I have a social,work permit,and legal status as of last yr.Will they take this into consideration?

[Oksana & Max 94]

My petitioner is my husband who does not pay taxes and gets paid off the book.Again,he works for nightclubs doing promotion for their events.The club owners did not ask for his social security number and his checks are not under his full name.They did not issue him any form related to tax or anything.He does not get paid on the same day every week and the amount varies.He lost his "real" job in 2009 and thats the last year he paid taxes.In 2010,we were broke and were financially suported by family.He did this promoting thing on the side and was paid mostly in cash.In 2011, he started getting paid in checks...Now we ordered transcripts from 2007,2008 and 2009. Should we send them ? Should we write a letter explaining why he did not pay taxes for the last. 2 years ? Aside from him cheating himself of future benefits,and not following tax rules...Will my adjustement of status be jeopordized ? My sponsor has a salary way above the poverty lne and has been working for the same company for 20 yrs.Will that be taken into consideration ? can my joint sponsor be responsible for my full support ? any advice will be appreciated.Im ready to send this application now,but this tax issue is bothering me and I dont know what to do ! Also keep in mind that Ive been here for 19 yrs,I have a social,work permit,and legal status as of last yr.Will they take this into consideration?

You have several issues going here.

By working under the books, he is not only cheating himself, but it is illegal as he is lying to the government. You do need to come clear with IRS, even if you don't make any money you are still required to file taxes. I would recommend hiring a CPA, who can do your taxes for missing years.

While having a co-sponsor is helpful, your husband will still need to file an I-864 for your sponsorship and he will be required to show documentation. The co-sponsor will be used if he doesn't make enough to support you, but he is still responsible to provide the documentation. I don't see how can you explain that you didn't file taxes, the law is pretty clear. Back file the taxes and then submit your paperwork. Don't lie to the government they will find out and hunt you, as well as they will penalize you for that.

[Freedove7 17]

You have several issues going here.

By working under the books, he is not only cheating himself, but it is illegal as he is lying to the government. You do need to come clear with IRS, even if you don't make any money you are still required to file taxes. I would recommend hiring a CPA, who can do your taxes for missing years.

While having a co-sponsor is helpful, your husband will still need to file an I-864 for your sponsorship and he will be required to show documentation. The co-sponsor will be used if he doesn't make enough to support you, but he is still responsible to provide the documentation. I don't see how can you explain that you didn't file taxes, the law is pretty clear. Back file the taxes and then submit your paperwork. Don't lie to the government they will find out and hunt you, as well as they will penalize you for that.

The problem is,we have no idea how to prove how much he made over the past two years.We might have an issue with the IRS,but will this really matter to immigration? The thing is,no tax is taken off his checks,so how can he file for taxes if he doesnt pay them ? He's procrastinating about going to see a CPA and I really need to send my application.This is so exhausting.

[Inky 1,111]

The problem is,we have no idea how to prove how much he made over the past two years.We might have an issue with the IRS,but will this really matter to immigration? The thing is,no tax is taken off his checks,so how can he file for taxes if he doesnt pay them ? He's procrastinating about going to see a CPA and I really need to send my application.This is so exhausting.

You will need to request bank deposit notices and follow when he deposits the money / checks. Then tax the money at the rate for the year this is why he needs to hire a professional. He will owe the IRS.

[baron555 934]

Ask him to do some research about how well his non-reporting worked for Al Capone!

[Freedove7 17]

You will need to request bank deposit notices and follow when he deposits the money / checks. Then tax the money at the rate for the year this is why he needs to hire a professional. He will owe the IRS.

He cashes them at a cash check..He has nombank qccount :-/

He has no bank account.sorry for the typos !

[HeatDeath 430]

Some general principles:

• A cosponsor can take on the full burden of support. My USC now-wife was unemployed through the entire process. We had a cosponsor with more than sufficient income. We sent an I-864 for my wife, showing zero current income and only one tax return from the preceding 3 years, and an I-864 for our cosponsor, with a full set of tax returns and evidence, and everything worked fine.
  
• Everything you send USCIS, including any and all I-864 documentation you send for any I-864 MUST MUST MUST be completely, utterly, unimpeachably true. Any false or misleading documents you introduce into your immigration file are a slowly growing cancer that can surface years later and erase your entire immigration status, even years after you eventually become a US citizen!
  
• Looking ahead, you will not be able to get through Removal of Conditions or citizenship unless you can produce, personally, a tax return with your name on it each year. File as "married filing separately" if you must, to keep your tax issues separate from your husbands', but regardless of how you do it you will have to file taxes each year, even if your husband is apparently [or thinks he is] getting away without it.
  

[sheeshkabelle 153]

1. he needs to find copies of those checks and fast. He needs to contact every business he worked for pronto and ask for their records. From there you can try to piece together his income.

2. Ignorance is no excuse of the law. He should have been reporting income cash, check, trade or otherwise on an IRS Schedule C as a sole proprietor of an unincorporated business. He's been committing tax fraud by evasion.

3. Find a CPA that specializes in taxes. Not someone that worked at H&R Block for a season, a real bonafide tax accountant. Explain the situation, take what evidence you have and let them advise you as to what to do.

4. At least open a savings account at a credit union, so accounting is easier on everyone.

This problem stacked on your overstay problem is going to make it a tough row to hoe for you two.

I wish you luck!

[Freedove7 17]

Thank you all for your advice.I really appreciate it

[L+T 71]

The problem is,we have no idea how to prove how much he made over the past two years.We might have an issue with the IRS,but will this really matter to immigration? The thing is,no tax is taken off his checks,so how can he file for taxes if he doesnt pay them ? He's procrastinating about going to see a CPA and I really need to send my application.This is so exhausting.

If someone pays you cash, what you are suppose to do is log it and claim it on your taxes as a self-employed person. For example, if i mow the neighbors lawn and they pay me $20 cash... this would be taxed as if i was self employed, or running my own business. If i only mowed 1 lawn all summer and the mower was $200, I would write off the cost of the mower and gas and pay nothing in taxes... but still have to file. Just because you get cash, does not mean it is not supposed to be claimed and taxed. Do it as self employed... if you wanted to be legal about it.

[KayDeeCee 4,894]

If someone pays you cash, what you are suppose to do is log it and claim it on your taxes as a self-employed person. For example, if i mow the neighbors lawn and they pay me $20 cash... this would be taxed as if i was self employed, or running my own business. If i only mowed 1 lawn all summer and the mower was $200, I would write off the cost of the mower and gas and pay nothing in taxes... but still have to file. Just because you get cash, does not mean it is not supposed to be claimed and taxed. Do it as self employed... if you wanted to be legal about it.

This is sort of correct. If you only made $20 the entire year, then you would not be legally required to file taxes on it as self-employed. Self-employed are required to file and pay their self-employment taxes if they make at least $400 in a year. You could still file if you wanted to, but not legally obligated in that case. The OP's husband was supposed to keep track of the income he was receiving and file and pay his taxes. It is his responsibility to do so, whether he has a bank account or not. That much is completely correct.

[Freedove7 17]

Some general principles:

• A cosponsor can take on the full burden of support. My USC now-wife was unemployed through the entire process. We had a cosponsor with more than sufficient income. We sent an I-864 for my wife, showing zero current income and only one tax return from the preceding 3 years, and an I-864 for our cosponsor, with a full set of tax returns and evidence, and everything worked fine.
  
• Everything you send USCIS, including any and all I-864 documentation you send for any I-864 MUST MUST MUST be completely, utterly, unimpeachably true. Any false or misleading documents you introduce into your immigration file are a slowly growing cancer that can surface years later and erase your entire immigration status, even years after you eventually become a US citizen!
  
• Looking ahead, you will not be able to get through Removal of Conditions or citizenship unless you can produce, personally, a tax return with your name on it each year. File as "married filing separately" if you must, to keep your tax issues separate from your husbands', but regardless of how you do it you will have to file taxes each year, even if your husband is apparently [or thinks he is] getting away without it.
  

Do we write a letter stating that the co sponsor will take on the full responsibility of supporting me or will they automatically assume it ? There are no long time benefits that come from not paying your taxes.Honestly though,he lost his job in 2009 and was unemployed in 2010.. He made extra cash here in there but I wouldnt call it employed.So for 2010 I could say just that.He only owes money for 2011 and tax season is not over yet.

[Freedove7 17]

If someone pays you cash, what you are suppose to do is log it and claim it on your taxes as a self-employed person. For example, if i mow the neighbors lawn and they pay me $20 cash... this would be taxed as if i was self employed, or running my own business. If i only mowed 1 lawn all summer and the mower was $200, I would write off the cost of the mower and gas and pay nothing in taxes... but still have to file. Just because you get cash, does not mean it is not supposed to be claimed and taxed. Do it as self employed... if you wanted to be legal about it.

You are right.I dont see why he doesnt just do that.He's been lazy about this whole green card process and im doing everything alone.What you and other people are advising sound straight foward and simple.I am dragging him to someone who prepares taxes in our neighborhood today ! So we just giive an estimate of what he makes correct ? Will the accountant need proof ?

Edited April 10, 2012 by Freedove7

[Freedove7 17]

This is sort of correct. If you only made $20 the entire year, then you would not be legally required to file taxes on it as self-employed. Self-employed are required to file and pay their self-employment taxes if they make at least $400 in a year. You could still file if you wanted to, but not legally obligated in that case. The OP's husband was supposed to keep track of the income he was receiving and file and pay his taxes. It is his responsibility to do so, whether he has a bank account or not. That much is completely correct.

We have copies of some of his checks and could estimate how much he made for the year.The issue was that we dont have a copy of all his checks and I thought we would need the, to file.So an estimate of his income is sufficient without proof when we fo to file ?

Edited April 10, 2012 by Freedove7

[KayDeeCee 4,894]

We have copies of some of his checks and could estimate how much he made for the year.The issue was that we dont have a copy of all his checks and I thought we would need the, to file.So an estimate of his income is sufficient without proof when we fo to file ?

Yes. I would have him estimate it the best he can and go ahead and file. Have him send a statement along with the I-864 for your AOS saying he did not file in 2010 because he was unemployed.