I-864 Help Needed

[VolimTe 0]

Hi all,

I need some help with the I-864 form, I may be over analyzing this, but i rather get some opinion as to how to fill it out.

- My husband is bringing his parents to the United States (IR-5 visa)

We are currently in the process of filling out the I-864 form. I am confused whether my husband is considered self-employed or employed by a "company". He is currently working for my brother, who is a licensed electrician.

My brother provides him with the 1099- form at the end of the tax year and does not take out any taxes/deductions whatsoever. Does this make my husband self-employed or should i put down employed as an Electrician at AMD Electric Inc.

In addition,what should we use for my husband`s income, which line from 1040? We file taxes jointly.

Any help would be greatly appreciated!!

[Penguin_ie 5,993]

1099 means he is self employed as a contractor for your brother.

Normally line 22 of the 1040 is used.

[aaron2020 11,651]

Hi all,

I need some help with the I-864 form, I may be over analyzing this, but i rather get some opinion as to how to fill it out.

- My husband is bringing his parents to the United States (IR-5 visa)

We are currently in the process of filling out the I-864 form. I am confused whether my husband is considered self-employed or employed by a "company". He is currently working for my brother, who is a licensed electrician.

My brother provides him with the 1099- form at the end of the tax year and does not take out any taxes/deductions whatsoever. Does this make my husband self-employed or should i put down employed as an Electrician at AMD Electric Inc.

In addition,what should we use for my husband`s income, which line from 1040? We file taxes jointly.

Any help would be greatly appreciated!!

If your brother is directing your husband's work as an electrician, then your husband should be treated as an employee and not as a contractor.

Your brother is shifting the employer's portion of employment taxes to your husband and he's avoiding worker's comp, etc.

[Gafelkins56 2]

His considered. Self employed .

[JayJayH 546]

1099 means he is self employed as a contractor for your brother.

Normally line 22 of the 1040 is used.

This ^

If he has a 1099 he is not employed by your brother, he is a contractor meaning he is self-employed. If he had a W-2 he would be considered employed by your brother.

Edited July 10, 2016 by JayJayH