I-184: Working long term abroad for company that only paid cash -- no taxes deducted

[JenniferNN 0]

I've been living abroad for about 10 years... during that time I've only received cash for my tutorial services. Even though I was "employed" by English tutorial schools, they never deducted any taxes and only paid cash. I never filed any taxes with the US IRS. Now here I am trying to get my husband an IR Visa to the States, which requires the I-184. I'm not sure how to proceed with this form. I've been "loosely" employed, but have no paper trail to prove it. I know I'm required to show tax return slips, etc to supplement the I-184... What do I do? Any suggestions? (Forgive me if this question has been asked by someone else... I'm new to maneuvering through this site)

[Penguin_ie 5,993]

It's form I-864 you will need, not I-184.

If you made enough that you were supposed to file, you will need to back-file for at least the last three years. It's not that difficult and it shouldn't cause major issues if you start that now. If you only worked a day here and there, ie were under the income threshold to have to file with the IRS, then you will need to submit a letter stating so with original signature.

Sounds like you will also need a co-sponsor or sponsor on assets.

Edited January 16, 2013 by Penguin_ie

[kzielu 1,149]

Your bigger problem is you were supposed to file taxes. Once you do that, problem of not having paperwork for I-864 will not exist anymore. You also need to meet sponsor requirements for I-864 - either have current income or assets.

[Roosha 51]

I have the same problem. Just file your taxes for the last three years. I see that you already got your NOA2, so you should be prepared or are preparing for the NVC stage, right? If that's so then file your taxes for 2009 - 2012. They will not require to see your 2012 tax return until after April but you should file them anyway b/c your husband might have his interview after the April 15 deadline for taxes and so the consular officer might ask for 2012 return.

Read all the information in the first post of this thread: http://www.visajourney.com/forums/topic/406819-nvc-filers-january-2013/ including opening all the links and reading all the guides, all the information you need is there.

Regarding not having a paper trail, it's not a problem when you've been working overseas. If you meet the requirements you can exclude all income up to $92,000 from taxes. Go to taxact.com and do your returns, it's the only place I found that has the forms for overseas citizens online. You'll have to pay about $25 for past year taxes, but 2012 is free. Good Luck!

[pushbrk 12,894]

I've been living abroad for about 10 years... during that time I've only received cash for my tutorial services. Even though I was "employed" by English tutorial schools, they never deducted any taxes and only paid cash. I never filed any taxes with the US IRS. Now here I am trying to get my husband an IR Visa to the States, which requires the I-184. I'm not sure how to proceed with this form. I've been "loosely" employed, but have no paper trail to prove it. I know I'm required to show tax return slips, etc to supplement the I-184... What do I do? Any suggestions? (Forgive me if this question has been asked by someone else... I'm new to maneuvering through this site)

File the tax returns. Chances are you won't owe any taxes though. Past tax return information is needed on the I-864 but it is current income from a source that will continue in the USA that determines whether you qualify to sponsor or need a joint sponsor. Past and current are different categories of income.

[JenniferNN 0]

So it appears that my situation is NOT completely hopeless. Now I just have to figure out HOW to properly file for the "back" years and current 2012 year -- seems I've got a lot more paperwork to do. Oh well.. gotta do what I gotta do. Thanks so much everyone.

[Darnell 8,478]

whilst they paid you in cash - were there any receipts of any kind? even a yearly summary ?

don't forget irs form F2555 or F2555EZ..

Good Luck !

[pushbrk 12,894]

whilst they paid you in cash - were there any receipts of any kind? even a yearly summary ?

don't forget irs form F2555 or F2555EZ..

Good Luck !

Receipts are not needed to support income, when filing a tax return. If you claim income the IRS doesn't know about and are willing to pay the tax on it, they won't argue about whether you actually had the income. Since this income can only be used as ultimately meaningless information on the affidavit and cannot be used to help qualify as a sponsor, the Consular Officer won't require actual evidence of it either.

The OP needs a joint sponsor or a new real job in the USA to qualify.

[JenniferNN 0]

No receipts.. no nothing...just straight cash. i spoke with my supervisor today about the whole deal, and she said they could make a "Certificate of Employment" for me. This would be a sheet of paper on Company letterhead stating the following: my name,position in company, Date i was hired at company, gross monthly salary received (in cash). That's it. I'm hopingthat will be OK at least for my 2012 tax return. For my "back" years I don't have any documentation at all. So I'm hoping they will just take my word for it about the money I made.

What are your thoughts about the Certificate of Employment? Do-able?

[JenniferNN 0]

Receipts are not needed to support income, when filing a tax return. If you claim income the IRS doesn't know about and are willing to pay the tax on it, they won't argue about whether you actually had the income. Since this income can only be used as ultimately meaningless information on the affidavit and cannot be used to help qualify as a sponsor, the Consular Officer won't require actual evidence of it either.

The OP needs a joint sponsor or a new real job in the USA to qualify.

I do have a co-sponsor who will fill out a separate I-184. It makes me feel better about the IRS not actually requiring proof of my income... I'm thinking of writing a letter to explain why I haven't filed in so many years and why I don't have any "paper trail" or w-2's from my "cash' companies. Do you think that will be ok?

[aaron2020 11,651]

US citizens are required to report all world wide income.

It doesn't matter where the income comes from or how payment was made (cash, check, etc.).

How did the US government get Al Capone, the gangster? They got him on tax evasion for failing to report the income from his illegal activities. The government couldn't prove anything except that he did not report his income.

All of the OP's income should be reported. A receipt is not necessary. The US tax system is a self-reporting system so a receipt is not required.

If the OP made less than $90,000 a year, then the Foreign Income Exemption would result in a $0 tax liability.

Even though the OP probably does not owe any taxes, the tax returns are still required.

[pushbrk 12,894]

I do have a co-sponsor who will fill out a separate I-184. It makes me feel better about the IRS not actually requiring proof of my income... I'm thinking of writing a letter to explain why I haven't filed in so many years and why I don't have any "paper trail" or w-2's from my "cash' companies. Do you think that will be ok?

OK, yes, but totally unnecessary.

[Roosha 51]

You don't need to submit any paperwork proving what you made, like pay stubs from overseas company. You just claim it on the form. Go to taxact.com, it's free to do 2012 and it'll input everything for you on the right forms. I just did 2010/11/12 on there, it was really easy once I got the hang of it. I also live overseas.

[MR193 2]

File for the last 3 years complete 2555EZ first.The final sum you get on this you enter on form 1040 under the income section #7 . You then go to #21 (other income.List type and amount. (Write 'Form 2555EZ' here, then you write you write the yearly income again in brackets ( 10.000) line below that Total comes to -0- , put -0- on line 37 aswell. Then if you dont have anything to declare or claim you do the same (-0-)on 38.41.42.46.54.60.71.75. Sign and date at the bottom.

At the beginning of the form you enter your details.If you are not filing joint you don't have to enter your wifes name here and for her SSN just put N/A.( As I assume she hasn't got this). As we were married but I was filing my own taxes in UK we ticked 'Married filing seperately' under filing status.

I got help with all this from an official Tax expert plus confirmed with the IRS legal dept.

My husband did the same for three years back tax returns, took 2 extra copies of each one ( 9 copies in total) For each year add any proof you got of income. If your previous employer can write three seperate statements of income to go with each Tax return. You need to have some kind of record even if its estimated. you need 3 copies for each year to clip to the taxreturns.

You then take this to your local IRS office where you get all 9 copies date stamped . They will file 1 copy for each year. ( IRS Done)

Submit stamped copies 1 for each year together with your I-864. Dont forget evidence of your current earnings.

The last set of copies you keep for yourself as evidence that you filed your taxes.

This Format is only applicable if you qualify for FOREIGN EARNED INCOME Exclusion Form 2555EZ and did not have any claims,taxes or credits

You can phone the IRS legal dept or get advice from an official Tax Adviser if you aren't sure about something. Good Luck

[JenniferNN 0]

File for the last 3 years complete 2555EZ first.The final sum you get on this you enter on form 1040 under the income section #7 . You then go to #21 (other income.List type and amount. (Write 'Form 2555EZ' here, then you write you write the yearly income again in brackets ( 10.000) line below that Total comes to -0- , put -0- on line 37 aswell. Then if you dont have anything to declare or claim you do the same (-0-)on 38.41.42.46.54.60.71.75. Sign and date at the bottom.

At the beginning of the form you enter your details.If you are not filing joint you don't have to enter your wifes name here and for her SSN just put N/A.( As I assume she hasn't got this). As we were married but I was filing my own taxes in UK we ticked 'Married filing seperately' under filing status.

I got help with all this from an official Tax expert plus confirmed with the IRS legal dept.

My husband did the same for three years back tax returns, took 2 extra copies of each one ( 9 copies in total) For each year add any proof you got of income. If your previous employer can write three seperate statements of income to go with each Tax return. You need to have some kind of record even if its estimated. you need 3 copies for each year to clip to the taxreturns.

You then take this to your local IRS office where you get all 9 copies date stamped . They will file 1 copy for each year. ( IRS Done)

Submit stamped copies 1 for each year together with your I-864. Dont forget evidence of your current earnings.

The last set of copies you keep for yourself as evidence that you filed your taxes.

This Format is only applicable if you qualify for FOREIGN EARNED INCOME Exclusion Form 2555EZ and did not have any claims,taxes or credits

You can phone the IRS legal dept or get advice from an official Tax Adviser if you aren't sure about something. Good Luck

THIS is a HUGE help!!!! Thank you so much. I've been staring at the 2555EZ form and 1040 form wondering how to approach this and your explanation really makes sense. i can get a "certificate of employment" from my current company for 2012, but won't be able to get any evidence from my previous employers (all are out of business) for the previous years.