How to document Non taxable income for I134

[Jing Jing 2]

I'm trying to figure out the best way to evidence non-taxable income with my I-134 for a K1.

My VA disability pay is pretty obvious I think. Just print-out verification from the VA website. Right?

A bigger problem is that I only work short contracts and spend half the year in Thailand.

I work with several agencies but am not currently under contract, therefore I'm technically unemployed at present but can get work within about a month whenever I need it.

I wonder if the Bangkok embassy will have issues with that???

The other problem I might have is that about half of my income is in the form of non-taxable per-diem allowances so does not show as income on my W2s and 1040. The amount shown on the 1040 is too low to meet the I864p minimums but about 180% poverty with the per diem.

The IRS has no problem with this (although they probably should) but I am worried that the Embassy in Bangkok might. The only evidence I have is copies of my contracts and paystubs.

Anyone know if that is enough for them?

My other option would be to try to get some documentation from my bank reg my savings and used mixed income and assets but I'd rather not deal with them since they are very slow.

I've been trying to maximize time with my fiancee and need very little cash to survive in Thailand so I haven't been focussing on fulltime work for about 4 years now.

Any advice greatly appreciated...

[Moustafa/Crystal 65]

Your income while more than sufficient seems sporadic and hard to document. I would get a joint sponsor.

[Jing Jing 2]

Your income while more than sufficient seems sporadic and hard to document. I would get a joint sponsor.

Not sure what you mean by "sporadic". This is the nature of my profession and many others.

A 'cosponsor'is not an option for me and is rarely accepted in BKK anyway.

Yes, it's difficult to document. That's the point of my post.

Anyone else have experience with Bangkok? (& not the UAE).

Edited February 16, 2015 by mechai

[Ning 619]

I'm trying to figure out the best way to evidence non-taxable income with my I-134 for a K1.

My VA disability pay is pretty obvious I think. Just print-out verification from the VA website. Right?

A bigger problem is that I only work short contracts and spend half the year in Thailand.

I work with several agencies but am not currently under contract, therefore I'm technically unemployed at present but can get work within about a month whenever I need it.

I wonder if the Bangkok embassy will have issues with that???

The other problem I might have is that about half of my income is in the form of non-taxable per-diem allowances so does not show as income on my W2s and 1040. The amount shown on the 1040 is too low to meet the I864p minimums but about 180% poverty with the per diem.

The IRS has no problem with this (although they probably should) but I am worried that the Embassy in Bangkok might. The only evidence I have is copies of my contracts and paystubs.

Anyone know if that is enough for them?

My other option would be to try to get some documentation from my bank reg my savings and used mixed income and assets but I'd rather not deal with them since they are very slow.

I've been trying to maximize time with my fiancee and need very little cash to survive in Thailand so I haven't been focussing on fulltime work for about 4 years now.

Any advice greatly appreciated...

Submit at least one year or more tax transcripts. Your imputed income may be tax free but would still be reported I think.

Your income while more than sufficient seems sporadic and hard to document. I would get a joint sponsor.

Joint sponsors are not allowed in 99% of K 1 case in BKK.

[Jing Jing 2]

Submit at least one year or more tax transcripts. Your imputed income may be tax free but would still be reported I think.

Joint sponsors are not allowed in 99% of K 1 case in BKK.

Unfortunately it is not reported on transcripts or w2s. I've requested some form of documentation from the agency but they refuse. I won't be using them again, that's for certain.

The IRS is well aware of this type of contract but keeps a neutral stance so I am stuck with what I already have for evidence.

[Ning 619]

Unfortunately it is not reported on transcripts or w2s. I've requested some form of documentation from the agency but they refuse. I won't be using them again, that's for certain.

The IRS is well aware of this type of contract but keeps a neutral stance so I am stuck with what I already have for evidence.

I would request a 1099 from those agencies. Request their tax payer I D number. Seek help from the IRS office. If you had 1099 income you may have had an equal amount of business expenses to offset the income. This would cause you to need to file 1040X taxes that would include a schd C.

The embassy isn't going to accept this unknown, undocumented & untaxed income .

[Jing Jing 2]

I would request a 1099 from those agencies. Request their tax payer I D number. Seek help from the IRS office. If you had 1099 income you may have had an equal amount of business expenses to offset the income. This would cause you to need to file 1040X taxes that would include a schd C.

The embassy isn't going to accept this unknown, undocumented & untaxed income .

The agency refused that too. The IRS says what they are doing is okay and refuse to get involved. It is clearly documented on the contract however. I guess I'm screwed if they won't accept that.

:-(

[Ning 619]

The agency refused that too. The IRS says what they are doing is okay and refuse to get involved. It is clearly documented on the contract however. I guess I'm screwed if they won't accept that.

:-(

There is a way to report this type of income on the 1040 form. I doubt it would change your taxable income but it would serve to increase your actual income.

A company my husband worked for termed this imputed income. He had to pay taxes on any part of it he couldn't write off due to job expenses.

[Ning 619]

The agency refused that too. The IRS says what they are doing is okay and refuse to get involved. It is clearly documented on the contract however. I guess I'm screwed if they won't accept that.

:-(

Your case is truly unique. You can try presenting they case as it is with an explanation about the imputed income. You could also express your understanding of the AOS process which you could begin within days of entering the USA. That would mean you could use a joint sponsor with the 864a form as part of the AOS. So in reality your support for her at your present taxable income may be enough to begin your new life in the USA.

Since you are there you could marry then file the C R 1 case the next day. That would allow a joint sponsor and she gets her green card much sooner.

[Jing Jing 2]

Your case is truly unique. You can try presenting they case as it is with an explanation about the imputed income. You could also express your understanding of the AOS process which you could begin within days of entering the USA. That would mean you could use a joint sponsor with the 864a form as part of the AOS. So in reality your support for her at your present taxable income may be enough to begin your new life in the USA.

Since you are there you could marry then file the C R 1 case the next day. That would allow a joint sponsor and she gets her green card much sooner.

Unfortunately the imputed income route won't work since this is travel pay and I am not self employed. I already investigated that option.

We've been waiting an extra long time due to a 4 month holdup thanks to CSC archiving my petition by mistake. I don't want to start over with a CR1. We have other reasons for wanting to marry in the USA.

A joint sponsor is not an option for me.

I have enough without the subsidies to meet 100% poverty for the I134 but fall a few bucks short of the I864 requirements.

I guess i'll have to submit what I have now and get together with my bank for asset documentation to fill the void if they won't accept my per diem pay as income.

BTW - anyone know which tax transcript the embassy wants? They have 4 options for download with the IRS' s new online system.

Edited February 17, 2015 by mechai

[AaronLV 12]

Unfortunately the imputed income route won't work since this is travel pay and I am not self employed. I already investigated that option.

We've been waiting an extra long time due to a 4 month holdup thanks to CSC archiving my petition by mistake. I don't want to start over with a CR1. We have other reasons for wanting to marry in the USA.

A joint sponsor is not an option for me.

I have enough without the subsidies to meet 100% poverty for the I134 but fall a few bucks short of the I864 requirements.

I guess i'll have to submit what I have now and get together with my bank for asset documentation to fill the void if they won't accept my per diem pay as income.

BTW - anyone know which tax transcript the embassy wants? They have 4 options for download with the IRS' s new online system.

I am not sure how you are not considered Self Employed being on a contract. There is a space on the 1040 that says income that is not reported elsewhere. If the companies are not withholding taxes you need to be paying quarterly, if you are getting a per diem as an employee it is not treated as income, however if you are getting a per diem as a contractor, that is counted as income and you need to write them off on a schedule C, I got hit with this when I switched over from employee to a contractor.

Bangkok on a K1 normally requires you to meet the guidelines for AOS, at least they did when I was going through. I have helped quite a few people in the last couple years but they were all for CR/IR-1, no K1's so I am not sure what they will require, but you should be able to offset any short comings in income with assets.

You need the FULL tax transcripts if you are using those.

[Jing Jing 2]

I am not sure how you are not considered Self Employed being on a contract. There is a space on the 1040 that says income that is not reported elsewhere. If the companies are not withholding taxes you need to be paying quarterly, if you are getting a per diem as an employee it is not treated as income, however if you are getting a per diem as a contractor, that is counted as income and you need to write them off on a schedule C, I got hit with this when I switched over from employee to a contractor.

Bangkok on a K1 normally requires you to meet the guidelines for AOS, at least they did when I was going through. I have helped quite a few people in the last couple years but they were all for CR/IR-1, no K1's so I am not sure what they will require, but you should be able to offset any short comings in income with assets.

You need the FULL tax transcripts if you are using those.

I am definitely NOT self employed although I can see how you might assume that. Rather, I work temporary assignments on a contractual basis so the jobs have defined compensation, start and end dates. They also require significant travel away from home. The per diem is technically just to cover expenses.

I'm not sure how the embassy views this since they are probably receiving the same sort of per diems themselves.

The contracting agencies use the tax free portion of my compensation as an incentive.

This money is never reported to the IRS as part of my income and I receive no W2 entries nor a 1099 for it. The agencies write it off so I cannot.

There is no option for a "full" transcript. It appears others have used the "return transcripts". I'd just like to be sure.

Thanks all for your feedback.

Hopefully, someone can post who has been in a similar predicament.

[AaronLV 12]

I am definitely NOT self employed although I can see how you might assume that. Rather, I work temporary assignments on a contractual basis so the jobs have defined compensation, start and end dates. They also require significant travel away from home. The per diem is technically just to cover expenses.

I'm not sure how the embassy views this since they are probably receiving the same sort of per diems themselves.

The contracting agencies use the tax free portion of my compensation as an incentive.

This money is never reported to the IRS as part of my income and I receive no W2 entries nor a 1099 for it. The agencies write it off so I cannot.

There is no option for a "full" transcript. It appears others have used the "return transcripts". I'd just like to be sure.

Thanks all for your feedback.

Hopefully, someone can post who has been in a similar predicament.

If you are working for an agency then you are considered employed you get a W2 for the wages they pay you. If you are considered and employee of the company during the time you are contracted to do so (ie the company pays you and they withhold taxes), then they are correct not to add in the per diem in your W2 because they are reporting it as income to the IRS for the company and writing off the per diem as expenses, so it cannot be reported to you, nor can you use it for income to get you over the poverty level, it is not income it covers expenses.

If you are contracted and they give you a 1099 then the per diem should be added into your income which you can then deduct actual on a schedule C and that per diem can then be used as income to you. If you do get a 1099 from them excluding the per diem, then you should be submitting actual receipts and get reimbursed by the company and any amount above the expense you should not get paid for. These rules changed about 4 years ago by the IRS.

I used to give per diem but now I require actual expenses from my contractors, and they are told a not to exceed value when travelling, anything about the FTR (Federal Travel Regs per diem amount), is un-allowable and I do not pay for it. I don't add it in to their 1099's as I now compensate actual expenses.

You don't need a steady job per se, however they may want you to be much higher above the income level without a steady job. You can use income + assets which in BKK on a K1 they require 5X not 3X. If you can have the agency you go through write a letter that you got X number of jobs the previous year through them along with the total income they paid you (excluding per diem), and currently this year you have done X jobs with compensation and in all likely hood you will have the same number of jobs by the end of 2015.

Also remember if you have an interview date after Tax day you will need to have your 2014 transcripts also for packet 3.

I don't have an account to get the tax transcripts, if you can list the options they give you here I can tell you which one. I had called in to get mine many moons ago.

[Jing Jing 2]

If you are working for an agency then you are considered employed you get a W2 for the wages they pay you. If you are considered and employee of the company during the time you are contracted to do so (ie the company pays you and they withhold taxes), then they are correct not to add in the per diem in your W2 because they are reporting it as income to the IRS for the company and writing off the per diem as expenses, so it cannot be reported to you, nor can you use it for income to get you over the poverty level, it is not income it covers expenses.

If you are contracted and they give you a 1099 then the per diem should be added into your income which you can then deduct actual on a schedule C and that per diem can then be used as income to you. If you do get a 1099 from them excluding the per diem, then you should be submitting actual receipts and get reimbursed by the company and any amount above the expense you should not get paid for. These rules changed about 4 years ago by the IRS.

I used to give per diem but now I require actual expenses from my contractors, and they are told a not to exceed value when travelling, anything about the FTR (Federal Travel Regs per diem amount), is un-allowable and I do not pay for it. I don't add it in to their 1099's as I now compensate actual expenses.

You don't need a steady job per se, however they may want you to be much higher above the income level without a steady job. You can use income + assets which in BKK on a K1 they require 5X not 3X. If you can have the agency you go through write a letter that you got X number of jobs the previous year through them along with the total income they paid you (excluding per diem), and currently this year you have done X jobs with compensation and in all likely hood you will have the same number of jobs by the end of 2015.

Also remember if you have an interview date after Tax day you will need to have your 2014 transcripts also for packet 3.

I don't have an account to get the tax transcripts, if you can list the options they give you here I can tell you which one. I had called in to get mine many moons ago.

Okay I got the answer reg which transcripts to download from another thread. Thanks anyway.

Hope you're wrong about them not accepting any of the per diem. Legalwise it makes sense but since I don't need to pay for food or utilities when I'm away, some should still be viewed as income. Otherwise, the poverty guidelines aren't really appropriate. If I work from home, I am not reimbursed for meals, utilities, incidentals or travel so my wage is about double what it is when I'm away.

That's a HUGE chunk out of my paycheck that I don't pay when I travel.

As far as getting anything I writing from that agency...Well it ain't hapnin..

I've been doing this for about 4 years now so that I can spend time with my fiance.

I have never had difficulty getting contracts since my occupation always needs staff.

The last time I worked for a full year, I made close to 6 figures in wages alone. That was WAY too much for my needs when I was alone.

There must be some way to convey all this to the embassy. I wish I could find someone who has been in a similar situation.

What do other contract employees do to prove they can get work whenever they need it?

Edited February 17, 2015 by mechai

[Jing Jing 2]

Forgot to add that "yes" i'm using 2014 transcripts anyway.

Also, reg. the " much" above the poverty level for non-full year employees. How much is "much" ?