Adjusting my Fiance's status, but I got a new job that only pays cash!

[Sedona and Thomas 41]

Hi Everyone,

 

My fiance and I just got married a few weeks ago. We just started researching everything we have to get done for his adjustment of status. But there is a problem.  A month before my fiance arrived in the U.S I sustained an injury at work and had to leave. Once he arrived I found a new full time job as a Nanny, making better money than my last job. The only problem is that Its technically not a business, and I am only paid in cash. Originally my father was our financial sponsor,  but I am worried about submitting the forms with no letter from employer, or any real pay stubs.

 

Any ideas help

 

Thank you!! 

[EandH0904 1,184]

If you are self employed you still need to file taxes for such monies. You can get a tax ID number and pat taxes on your income quarterly to make it legitimate.  

[Sedona and Thomas 41]

8 minutes ago, EandH0904 said:

 

Edited August 8, 2017 by Sedona and Thomas

[Sedona and Thomas 41]

1 minute ago, EandH0904 said:

If you are self employed you still need to file taxes for such monies. You can get a tax ID number and pat taxes on your income quarterly to make it legitimate.  

Thats a great idea and something I will definitely do in the future. But for now we are submitting the forms within the next month and I definitely do not have a paper trail of the cash I have made the last two months. Would my dad as our sponsor and my tax returns from last year be enough?

[PedroDaGr8 245]

5 minutes ago, Sedona and Thomas said:

Alright, thats a great idea and something I will definitely do in the future. But for now we are submitting the forms within the next month and I definitely do not have a paper trail of the cash I have made the last two months. Would my dad as our sponsor and my tax returns from last year be enough?

Your dad as your CO-sponsor would be enough if he makes enough money to support both his household and yours. I stress co-sponsor because you are still the primary sponsor, he is just your supporting sponsor to bring your income up to the standards required. At the end of the day, you both would be legally responsible. Some people get confused and think only he needs to fill out an I-864 but in reality you both do. 

Edited August 8, 2017 by PedroDaGr8

[f f 725]

even with a joint sponsor you would still need to submit a i864 and fill it out truthfully. so you need to start creating a paper trail and filing taxes as self employed.

[Coco8 1,042]

You need to start doing the taxes now because applying for K1 is the first step. You will need to submit your tax returns for his interview at the consulate, you will have to submit them again after you marry for AOS, and then you will have to submit them for ROC.

 

Taxes is one of the most common problems people run into. 

[Sedona and Thomas 41]

1 minute ago, PedroDaGr8 said:

Your dad as your CO-sponsor would be enough if he makes enough money to support both his household and yours. I stress co-sponsor because you are still the primary sponsor, he is just your supporting sponsor to bring your income up to the standards required. Some people get confused and think only he needs to fill out an I-864 but in reality you both do. 

Okay that makes sense. Its just unfortunate because I am actually making more money now, but have not been recording it. Its always nerve wracking when something comes up that could jeopardize your chances. I have always had my father as our CO-Sponsor because I am younger and previously did not make over the poverty line, and I still do not. 

 

But it is okay if I submit my tax returns from my previous job?

1 minute ago, Coco8 said:

You need to start doing the taxes now because applying for K1 is the first step. You will need to submit your tax returns for his interview at the consulate, you will have to submit them again after you marry for AOS, and then you will have to submit them for ROC.

 

Taxes is one of the most common problems people run into. 

He's already in the U.S, we got married last month. 

[PedroDaGr8 245]

8 minutes ago, Sedona and Thomas said:

Okay that makes sense. Its just unfortunate because I am actually making more money now, but have not been recording it. Its always nerve wracking when something comes up that could jeopardize your chances. I have always had my father as our CO-Sponsor because I am younger and previously did not make over the poverty line, and I still do not. 

 

That happens and is not a big deal. When I was with my ex-wife, I was still a grad student, in school and made grad student wages. We were RIGHT on the poverty line, all things considered. It won't hurt you, as long as he makes enough. They wont even look twice at it. Many who are younger are in situations like this, it tends to be more common for people AoS from F1 but its common enough they won't blink an eye.

8 minutes ago, Sedona and Thomas said:

But it is okay if I submit my tax returns from my previous job?

Yes, submit your previous return(s). Technically, you only need the most recent one. Since you are under the limit, submitting extra is not going to help anything. Typically extra is used when you are self employed and you want to show stability of income. Also, I would advise submitting tax transcripts instead of returns. They are easy to get online (in a matter of minutes for pdf or in 5-10 days mailed to you), just search IRS Transcript. They include all the information in a concise format, so you don't have to send W2s, 1099s or stuff like that. They are the preferred format for the USCIS for these reasons and a few others. 

Edited August 8, 2017 by PedroDaGr8

[Sedona and Thomas 41]

2 minutes ago, PedroDaGr8 said:

That happens and is not a big deal. When I was with my ex-wife, I was still a grad student, in school and made grad student wages. We were RIGHT on the poverty line, all things considered. It won't hurt you, as long as he makes enough. They wont even look twice at it. Many who are younger are in situations like this, it tends to be more common for people AoS from F1 but its common enough they won't blink an eye.

Yes, submit your previous returns. Also, I would advise submitting tax transcripts instead of returns. They are easy to get online (in a matter of minutes for pdf or in 5-10 days mailed to you). They include everything needed, so you don't have to send W2s, 1099s or stuff like that.

Okay cool, that makes me feel a lot better. Its just hard because after my injury i became a nanny, which makes great money, but there is no way to prove it! So just have to figure out how to prove that I am at least making money and have been providing everything financially for my fiance. And we live in California, so its definitely not easy to be over the poverty line here!

 

Do you have any idea where I can start recording my cash payments, or the best way to go about this from here?

[databit 328]

You are probably making more money because taxes, SS, Workers Comp, and disability are not being taken out of your salary. This can hurt you later, and it leaves you without protection should something bad happen on the job. Of course, you must know that you should be paying quarterly estimated taxes every 3 months as self-employed. Otherwise, you will get an IRS penalty when you file. And realize that the people who are paying you should be planning on issuing you a W-2 at the end of the year. Ask them now if they will. If they refuse or make some excuse, they are falsifying their tax return, and they would never tell immigration that they employ you, either. It's really better for you to work through an agency.

 

Read this: https://www.hrblock.com/get-answers/taxes/taxes-and-penalties/w-2-or-1099-for-babysitter-taxes-10522

[PedroDaGr8 245]

6 minutes ago, Sedona and Thomas said:

Okay cool, that makes me feel a lot better. Its just hard because after my injury i became a nanny, which makes great money, but there is no way to prove it! So just have to figure out how to prove that I am at least making money and have been providing everything financially for my fiance. And we live in California, so its definitely not easy to be over the poverty line here!

 

Do you have any idea where I can start recording my cash payments, or the best way to go about this from here?

Since you are working a cash job, you will need to set yourself up as self-employed with a tax ID number and making quarterly estimated payments for your taxes. Not doing this can result in some pretty hefty fines from the IRS.  These should be sufficient for documentation, but I would wait for others to chime in. 

Edited August 8, 2017 by PedroDaGr8

[Sedona and Thomas 41]

7 minutes ago, databit said:

You are probably making more money because taxes, SS, Workers Comp, and disability are not being taken out of your salary. This can hurt you later, and it leaves you without protection should something bad happen on the job. Of course, you must know that you should be paying quarterly estimated taxes every 3 months as self-employed. Otherwise, you will get an IRS penalty when you file. And realize that the people who are paying you should be planning on issuing you a W-2 at the end of the year. Ask them now if they will. If they refuse or make some excuse, they are falsifying their tax return, and they would never tell immigration that they employ you, either. It's really better for you to work through an agency.

 

Read this: https://www.hrblock.com/get-answers/taxes/taxes-and-penalties/w-2-or-1099-for-babysitter-taxes-10522

Thanks for the info, all of this makes sense and I definitely will get on this asap. The reality is that lots of people work under the table jobs, while its not always legal, a job is a job. And unfortunately thats the situation I fell into after my injury, and had to find something that would pay the bills. This is not my long term career and I am currently looking for a new job, rather its something to get by on until I do find a new job.

 

So my question is, for now I have to submit the adjustment of status asap since we were married last month. I cant find a new job in that short amount of time, no would I be able to prove I have been making much in the last few months. So in the worst case senario, would my Father as a CO-Sponsor pass for the adjustment of status, or will it affect us negatively that I no longer have the job I did when we originally submitted the K1?

[PedroDaGr8 245]

2 minutes ago, Sedona and Thomas said:

Thanks for the info, all of this makes sense and I definitely will get on this asap. The reality is that lots of people work under the table jobs, while its not always legal, a job is a job. And unfortunately thats the situation I fell into after my injury, and had to find something that would pay the bills. This is not my long term career and I am currently looking for a new job, rather its something to get by on until I do find a new job.

 

Even though it is a part time job to get by, technically you have to pay taxes. Since you are going through an involved process with the government, it is better for you to do it 100% by the book; even though many others get by not doing so. 

2 minutes ago, Sedona and Thomas said:

 

So my question is, for now I have to submit the adjustment of status asap since we were married last month. I cant find a new job in that short amount of time, no would I be able to prove I have been making much in the last few months. So in the worst case senario, would my Father as a CO-Sponsor pass for the adjustment of status, or will it affect us negatively that I no longer have the job I did when we originally submitted the K1?

With your father as the co-sponsor, it will not affect you negatively at all. 

[Sedona and Thomas 41]

2 minutes ago, PedroDaGr8 said:

Even though it is a part time job to get by, technically you have to pay taxes. Since you are going through an involved process with the government, it is better for you to do it 100% by the book; even though many others get by not doing so. 

With your father as the co-sponsor, it will not affect you negatively at all. 

Totally! I am all about doing everything by the book, and 100% legal and true. Thats how we have done this entire process, and thats how I intend to finish it. Thats why I am seeking help, because I am super bummed that this is unfortunately been my fate as far as employment. And want to make it as legitimate as I can so we do not run into any problems.