Do we need a co-sponsor?

[ydaoc 0]

Well with that letter and bank statements showing money coming in each month he might be good on that part. And then he will send his taxes from last year and a letter explaining why he didn't file taxes prior years. It could work. You can always have a joint sponsor as a back up if you get a ref on it

Thank you, what do you mean by "joint sponsor as a back up if you get a ref on it", do you mean we sort a joint sponsor if we get a ref on it or should we be prepared and have a joint sponsor lined up already?

[Alaska2012 462]

Have one lined up with all the necessary paperwork ready to go.

[Anh map 2,098]

If he is a contractor, not a wage or salary earner then that is why he does not get a pay stub. His income for the affidavit of support will be the amount shown on line 22 of his 2015 (in this case) 1040 tax return, not the monthly payments from his work. So the petitioner must wait for his 2015 tax return to have an income amount. If you are planning to file before his taxes are done then yes, you will need a joint sponsor.

Your spouse must submit a signed letter stating why he was not required to file a tax return. Something to the effect of : I did not meet the minimum income requirements for filing a federal tax return for the years 20xx - 20zz.

FWIW, your spouse should most likely be filing quarterly tax witholdings and social security payments as an independent contractor. His accountant should be able to help him to take care of this. This doesn't impact the immigration process. It does impact your finances.

[PK and PK 13]

He has an employment letter stating hourly rate, when he started employment, that he is an independent worker but needed around 40-50hrs/week and expected salary per year. So like an usual employee but without the benefits, guess its the employer's way of not having to do that for his employees. But he earns like $2000 more than what he has to. So on that part we are good.

The "independent worker" classification may hurt him because if he is truly a contractor, he may need to pay some extra taxes that the employer normally pays. And the IRS is known for going after employers who mis-classify employees to skirt these extra taxes. Make sure to look into this aspect.

[ScandiMama 0]

I bet he will need a joint sponsor. We got a RFE due to past 3 years' taxes, even though dh makes well over the limit this year and had a letter from his employer plus pay stubs. Not enough that he makes enough now, since he did not make enough last year. Might be that we just happened to have a strict person dealing with out paperwork. Nevertheless, it certainly would not hurt to include everything from a sponsor.

[ydaoc 0]

If he is a contractor, not a wage or salary earner then that is why he does not get a pay stub. His income for the affidavit of support will be the amount shown on line 22 of his 2015 (in this case) 1040 tax return, not the monthly payments from his work. So the petitioner must wait for his 2015 tax return to have an income amount. If you are planning to file before his taxes are done then yes, you will need a joint sponsor.

Your spouse must submit a signed letter stating why he was not required to file a tax return. Something to the effect of : I did not meet the minimum income requirements for filing a federal tax return for the years 20xx - 20zz.

FWIW, your spouse should most likely be filing quarterly tax witholdings and social security payments as an independent contractor. His accountant should be able to help him to take care of this. This doesn't impact the immigration process. It does impact your finances.

Hi,

Thank you for your reply.

He gets a check in the end of the week for his services. He was told he files taxes in the end of the year by his employer. Isnt this true?

When will he have the 2015 tax return?

I have heard people saying he pays taxes in the end of 2015 and someone saying its in april 2016. I dont understand anything. I thought he was filing for W9 and 1099. Isnt that the case? And will it cause a problem that he started his employment in may 2015? I mean the yearly gross income showed on the tax return will be less because he started his job later in the year. Will they take that into consideration when he started his employment?

He doesnt have an accountant. He doesnt earn that much money that he can afford their services.

I think he earns like $26-29000 is that enough for three people?

The "independent worker" classification may hurt him because if he is truly a contractor, he may need to pay some extra taxes that the employer normally pays. And the IRS is known for going after employers who mis-classify employees to skirt these extra taxes. Make sure to look into this aspect.

I thought the highest income taxes you should pay was 6%?

He did say his employer pays taxes, but we dont know if its for the employers or what. It's like he is employed but without the benefits of being employed.

[ydaoc 0]

If he is a contractor, not a wage or salary earner then that is why he does not get a pay stub. His income for the affidavit of support will be the amount shown on line 22 of his 2015 (in this case) 1040 tax return, not the monthly payments from his work. So the petitioner must wait for his 2015 tax return to have an income amount. If you are planning to file before his taxes are done then yes, you will need a joint sponsor.

Your spouse must submit a signed letter stating why he was not required to file a tax return. Something to the effect of : I did not meet the minimum income requirements for filing a federal tax return for the years 20xx - 20zz.

FWIW, your spouse should most likely be filing quarterly tax witholdings and social security payments as an independent contractor. His accountant should be able to help him to take care of this. This doesn't impact the immigration process. It does impact your finances.

How do we know if he should file quarterly or every year? His employer said he files in the end of the year but we have heard so many different stories now that we dont know. You seem to know a lot about these matters though hence I'm asking you.

[Anh map 2,098]

He needs to educate himself about taxes. He can visit one of the tax preparation services (H&R Block, Jackson Hewitt, etc.) or an accountant to discuss the specifics of his situation.

You do not have enough information to be able to give a good answer. Have the US citizen petitioner do some work and sort out their taxes before there is a big problem. This will also help you to determine what to do regarding sponsorship.

[PK and PK 13]

Hi,

Thank you for your reply.

He gets a check in the end of the week for his services. He was told he files taxes in the end of the year by his employer. Isnt this true?

When will he have the 2015 tax return?

I have heard people saying he pays taxes in the end of 2015 and someone saying its in april 2016. I dont understand anything. I thought he was filing for W9 and 1099. Isnt that the case? And will it cause a problem that he started his employment in may 2015? I mean the yearly gross income showed on the tax return will be less because he started his job later in the year. Will they take that into consideration when he started his employment?

He doesnt have an accountant. He doesnt earn that much money that he can afford their services.

I think he earns like $26-29000 is that enough for three people?

I thought the highest income taxes you should pay was 6%?

He did say his employer pays taxes, but we dont know if its for the employers or what. It's like he is employed but without the benefits of being employed.

The IRS likes you to pay taxes as you go throughout the year. If he is an employee, the employer will deduct it from every paycheck. If he is a contractor, he is supposed to pay estimated taxes every quarter. Then in April of the next year is the deadline where you file your tax forms and calculate the actual amount. Then if you paid more than needed over the last year, you get money back and if you underpaid, you pay the difference. There are penalties for substantial underpayment but the reality is if this is your husbands first job and his income is low, it shouldn't be a problem for him. Also with that income level and three people, you may have no tax liability or even get some earned income credit (ie a refund.)

The real concern is if he is classified as a contractor, there might be some additional payroll taxes (social security and medicare tax) that normally the employer pays that your husband might need to pay later when his is filing his taxes. This adds up to about 7.5% in extra taxes.

Unfortunately the US tax system is needlessly complicated and I suggest that if you cannot afford an accountant, check with your local library if there is a non profit in your area that can help with tax preparation questions. Actually even the IRS tax helpline is very helpful but many people are not comfortable talking to them. First thing is to find out if your husband is classified as an employee or an contractor.

[ydaoc 0]

The IRS likes you to pay taxes as you go throughout the year. If he is an employee, the employer will deduct it from every paycheck. If he is a contractor, he is supposed to pay estimated taxes every quarter. Then in April of the next year is the deadline where you file your tax forms and calculate the actual amount. Then if you paid more than needed over the last year, you get money back and if you underpaid, you pay the difference. There are penalties for substantial underpayment but the reality is if this is your husbands first job and his income is low, it shouldn't be a problem for him. Also with that income level and three people, you may have no tax liability or even get some earned income credit (ie a refund.)

The real concern is if he is classified as a contractor, there might be some additional payroll taxes (social security and medicare tax) that normally the employer pays that your husband might need to pay later when his is filing his taxes. This adds up to about 7.5% in extra taxes.

Unfortunately the US tax system is needlessly complicated and I suggest that if you cannot afford an accountant, check with your local library if there is a non profit in your area that can help with tax preparation questions. Actually even the IRS tax helpline is very helpful but many people are not comfortable talking to them. First thing is to find out if your husband is classified as an employee or an contractor.

Well he has earned around $18000 since May this year so I think we can easily calculate he earns more than the 125% poverty guideline.

His employer (or what to call him) said he pays taxes in december or the following months after december but starting in december.

He does not get any health benefits, but why would he have to pay taxes for that? Surely the only responsibility he has it to pay his own insurance?

I don't understand!?

"If he is a contractor, he is supposed to pay estimated taxes every quarter." But the employer says he is an independent worker and supposed to fill out W9 and 1099. So he is supposed to that every quarter? He has already worked like 7 months at this job. So how would we solve that?

[ydaoc 0]

He needs to educate himself about taxes. He can visit one of the tax preparation services (H&R Block, Jackson Hewitt, etc.) or an accountant to discuss the specifics of his situation.

You do not have enough information to be able to give a good answer. Have the US citizen petitioner do some work and sort out their taxes before there is a big problem. This will also help you to determine what to do regarding sponsorship.

We were talking about getting an appointment for him at H&R Block, but don't they charge lots?

He earns enough money, it's just he only had this job since may 2015. He has earned so far $18000. I don't know if we will need a co-sponsor because he doesnt have tax transcripts earlier years, this will be his first.

But you also think he should pay quarterly?

His employer doesn't seem to be worried, he says only to fill out W9 and 1099 in december (filing early).

[ydaoc 0]

So now we have made an appointment to H&R Block.

But back to the AOS.

I am wondering if we really will be required to have a co-sponsor?

Like I said he has had his job since May and he earns over the $25 112 (125% poverty guideline).
We are calculating he will earn about $30000 a year.

He can provide employment letter, and drafts from the bank showing he got paid.

And he will most likely be able to provide the last year's tax transcripts (he will be filing for taxes before anyone goes yelling that he is trying not to pay his taxes).

But he wont have previous years as he has lived at home and only received pocket money, like $100-150 a week (he didnt even have a bank account until november 2014). Will the IO forgive him for not having had a job previous years if he can provide all documentation but three years tax transcripts and only one year?

Also when will he receive the papers from IRS that he needs for the I864? We need those ASAP hence him filing taxes right away in december.

Also IO will take into consideration that he started the job in May right hence reason for not having $25 112 at the end of the year? Obviously he will easily reach this amount after 2016 but he only just started working there in may 2015 which his employment letter also states, i am hoping they will take this into consideration right?

Also IO will take into consideration that he started the job in May right hence reason for not having $25 112 at the end of the year? Obviously he will easily reach this amount after 2016 but he only just started working there in may 2015 which his employment letter also states, i am hoping they will take this into consideration right?

Also IO will take into consideration that he started the job in May right hence reason for not having $25 112 at the end of the year? Obviously he will easily reach this amount after 2016 but he only just started working there in may 2015 which his employment letter also states, i am hoping they will take this into consideration right?

[ScandiMama 0]

Unless the person that dealt with our papers was unusually strict, from what I understand about your situation, you absolutely will need a sponsor.

My husband started a new job in February and had pay stubs and a letter from his employer showing that he now makes much more than needed. Because of not having made the needed amount the past three years, (he had filed taxes), we got a RFE and needed a sponsor. The advice here had been that making enough this year should be enough, but the person looking at our papers obviously disagreed.

[ydaoc 0]

Unless the person that dealt with our papers was unusually strict, from what I understand about your situation, you absolutely will need a sponsor.

My husband started a new job in February and had pay stubs and a letter from his employer showing that he now makes much more than needed. Because of not having made the needed amount the past three years, (he had filed taxes), we got a RFE and needed a sponsor. The advice here had been that making enough this year should be enough, but the person looking at our papers obviously disagreed.

Thank you for your experience. Anyone else have something to comment about ScandiMama's experience?