w-2 forms, bad credit, taxes

[mali0521 0]

Hi all,

I'm in need of some advice before my fiance and I take the steps to apply for the k-1 visa. I am a U.S. citizen and my fiance is from Peru. I have been living with him in Peru for the last year and have been volunteering here, unpaid. Before I came here, I was on unemployment benefits for almost 2 years. I don't have any w-2 forms from the last 2 years to present as part of my visa app. and I've been told this will pose great obstacles for me in this process.

Soon I will be returning to the states to seek full time unemployment and begin applying for the visa. I plan to work as a nanny there. I know I will be making a nice salary, but my concern is that my job may not be taxed. Some families put their employees on payroll, some don't.

My questions are: Will my lack of w-2 forms pose a problem? Will the fact that I was previously on unemployment pose a problem? (even though I haven't received unemployment benefits for over a year?) Does it matter if I accept a position that is paid under the table? Will a confirmation letter from my employer and copies of my paychecks from a personal family checking account suffice as proof of income? Will not so great credit pose a problem?

I'm also wondering what we can expect for the processing time. I have heard anywhere from 5 months to 2 years. Anyone bring their Peruvian fiance to the U.S.? How long did the whole process take?

Thanks so much for reading. I look forward to any suggestions, comments, advice,etc.!

[LBeachey 45]

Even if you have no income, you will need to have the last three year's tax returns but not until the interview. You can file the last three year's now, even if it is to report zero income. Due to to your lack of income, you will need a co-sponsor. This can be anybody but typically is parents, sibling,close friends. Your lack of income is an issue but is overcome by many in this process.

[mali0521 0]

Even if you have no income, you will need to have the last three year's tax returns but not until the interview. You can file the last three year's now, even if it is to report zero income. Due to to your lack of income, you will need a co-sponsor. This can be anybody but typically is parents, sibling,close friends. Your lack of income is an issue but is overcome by many in this process.

[mali0521 0]

Thanks, LBeachey for your quick response! That's good to hear that my lack of income isn't such a huge obstacle. I will have an income when we start the visa process, so hopefully that will hold more weight than my previous lack of income. I do have tax returns from the last few years, they just don't show any income.

Do you think that any of my issues will delay the process?

[cazzers 83]

Ok, here is our situation.. my fiance(the petitioner) has been living outside USA for the last 10+ years. He just returned to USA in November last year. He hasn't been working in the last 3 years, so he didn't had any income also, so no w2's. He just got a job a few weeks ago and makes over 125% of the poverty guidelines. Even if we receive NOA2 in the next weeks, cause we've been waiting for over 6 months now, we will schedule the interview when I will be able to take to the interview at least 3-4 paystubs. We will also have a co-sponsor, his mother, just in case.

As for the IRS, he called them to explain the situation and they told him to send them a form and yesterday he got a letter from them, I think it's called a letter of non-filling, or something like that. Now, a VJ member told me not a long time ago, that if you take just a signed statement from the petitioner why you were not required to file taxes for previous years, you'll be ok with that. And I believe him/her cause it's not the first time I see him/her posting good advices.

As the main sponsor, the petitioner needs to prove at the time of the interview that makes at least 125% of the poverty guidelines. If you can't prove that, than you can bring a co-sponsor. If I were you, I would check here some reviews from the Peruvian Embassy to see if they accept co-sponsors(not all embassy's do).

Waiting times...it takes at least 5 months to get the petition approved..VSC is approving in 5 months now, CSC is taking for ever at the moment..7,5 months. After you get the approval it takes 1-4 months to the interview..So, from the moment you file, till you have the visa in hand, I'd say around 1 year..it all depends.

Ok, that is a long story...I'll shut up now

Good luck!

[Kevo 69]

Does it matter if I accept a position that is paid under the table? Will a confirmation letter from my employer and copies of my paychecks from a personal family checking account suffice as proof of income?

You're seriously asking this? That's tax evasion....you and your employer could go to jail.

[mali0521 0]

You're seriously asking this? That's tax evasion....you and your employer could go to jail.

[mali0521 0]

Of course I pay taxes at the end of the year. I still report my income when there is one.

[Kevo 69]

Then it's not under the table...under the table means your employer pays you cash and neither of you report it to the IRS.

[Avery Cates 1,141]

Of course I pay taxes at the end of the year. I still report my income when there is one.

Even if you do, if they employer isn't reporting it, that's still evasion, and may not be something the consider to be stable income during an interview. Employers still have employer portion of taxes that they have to pay, and paying under the table isn't conductive to that.

[KayDeeCee 4,893]

Only the most recent year is required, not the last 3 years, unless your consualte specifically states they want 3 years in their instructions. Each consulate sets their own procedures and requirements. Even later when you file for AOS, you only need the info from the last 3 years and are only required to send in a copy of the most recent year. If you were not legally required to file taxes, then you add a statement as to why you were not legally required to file, such as having zero income. You prove current income with a letter from your employer that states your position and salary and your most recent pay stub(s). If you have neither of these because you are self-employed, they will go by line 22 of your most recent 1040 form.

[cpk 2]

i believe that if you have paystubs or a letter from your employer that verifies the minimum income requirements, you only need one years tax return..the most current.. IF.. you are 1099 rather than w2 you will probably need three years tax returns.. the letter from your source of income will be helpful if you do not have previous work history..

[Juliet and Steve 93]

Of course I pay taxes at the end of the year. I still report my income when there is one.

If you report your illegal earnings that indeed makes you legal. However keep in mind that you must then make believe that you are self-employed and file that way. As such you will be responsible for paying taxes, since your employer does not pay them.

You will pay as self-employed an extra: 15.3%, 12.4% goes to social security, and 2.9% goes to medicare.

Keep in mind that if your employer is not declaring you and you get hurt on the job you have no worker's compensation.

Also if you lose your job for any reason, you are not eligible for unemployment benefits.

And ultimately even if your employer does not report the amount paid to you, if you work for a year or two, and make a complaint the IRS will collect your portion of all what is due, unless of course, you file as self-employed which you aren't.

The USCIS will likely want to see at least two and probably a full three years of minimum income if self-employed.

[mali0521 0]

Wow, thanks everyone for all the info! My apologies for the mis-use of that term and the confusion it caused. Sounds like I just need to avoid the self employment route all together and seek out an employer who will put me on payroll. Luckily I have filed my taxes every year and hopefully that in conjunction with a sponsor and eventual letter of employment with pay stubs will be enough. I'll check with the consulate to see exactly how many years worth of forms they need.

I feel much better after hearing from you all. Thanks again for the advice. I still have a ton of research to do, but I can tell this site will be a great resource once I begin the process!

[indiana_sweetie 120]

I am self employed but I receive a 1099-Misc that shows what I got paid because I do all my work as a service to one company. So when I file my taxes I use the 1099 to report my income.