I-134 self employment or not

[brazilk1visa 12]

Hey guys, 

 

I have the consulate (Brazil) interview in 10 days and I am filling up the I-134 form. 

I am a freelancer, with my own business (LLC setup as an S-Corp), meaning I pay myself a salary through my business, so I have pay stubs and a W-2 from last year, even though I am self-emplyed. It is not a big company or anything like that, I am the only employee and I just use the business for invoicing etc...

 

I wasn't sure I should mark "Employed" or "Self-Employed" under the I-134's employment information section.

My lawyer said I should file as Self-employed and take my last return and pay-stubs to the interview. My paystubs this year put me above the poverty line for sure and I also have some money on my bank account.

 

I am super nervous about this being an uncommon situation and I don''t want to screw up my I-134. 

I just wanted to make sure I am doing the right thing

 

Is it confusing to the officer in the Consulate that I am self-employed but have pay-stubs?

Any recommendations? Should I bring anything extra?

 

Thanks!

 

[brazilk1visa 12]

Anyone?

[payxibka 10,045]

10 minutes ago, brazilk1visa said:

Anyone?

You are not self employed but employed by a different legal tax entity other than yourself. The fact that you are a shareholder in that entity doesn't matter 

[brazilk1visa 12]

5 hours ago, payxibka said:

You are not self employed but employed by a different legal tax entity other than yourself. The fact that you are a shareholder in that entity doesn't matter 

I understand your point and the is exactly why I am asking this question. But... the LLC flows into my personal taxes and it actually shows it in my tax return. Hence my question. I think it is weird to say I am employed by the same company and it might raise a red flag. But again, everyone I ask seem to have a different opinion on this and it is a 50/50 split...

[payxibka 10,045]

1 hour ago, brazilk1visa said:

I understand your point and the is exactly why I am asking this question. But... the LLC flows into my personal taxes and it actually shows it in my tax return. Hence my question. I think it is weird to say I am employed by the same company and it might raise a red flag. But again, everyone I ask seem to have a different opinion on this and it is a 50/50 split...

Your K1 from your LLC is investment income.   It just so happens you are an investor and employee

[brazilk1visa 12]

4 hours ago, payxibka said:

Your K1 from your LLC is investment income.   It just so happens you are an investor and employee

So in my position, you would declare in the I-134 that you are an employee? How would you handle the employment letter? It would have to be written by yourself (my company is just me)

[p-ana 933]

5 hours ago, brazilk1visa said:

So in my position, you would declare in the I-134 that you are an employee? How would you handle the employment letter? It would have to be written by yourself (my company is just me)

An employer letter is not even needed if your tax returns, w2 and paychecks show you’re above the poverty guidelines. 

[brazilk1visa 12]

5 hours ago, p-ana said:

An employer letter is not even needed if your tax returns, w2 and paychecks show you’re above the poverty guidelines. 

2 lawyers recommend that I claim I am self employed and show tax return from last year, w2 and pay checks. I think it is a little weird to say I am self employed but show paychecks, isn't it? I am really confused by this, I am sorry if I sound contradicting, it is because the information I am showing feels contradicting to me and I am not seeing a way out of it.

[p-ana 933]

41 minutes ago, brazilk1visa said:

2 lawyers recommend that I claim I am self employed and show tax return from last year, w2 and pay checks. I think it is a little weird to say I am self employed but show paychecks, isn't it? I am really confused by this, I am sorry if I sound contradicting, it is because the information I am showing feels contradicting to me and I am not seeing a way out of it.

I am not a lawyer and I’m not familiar enough with US taxes to give advice

 

what I do know, specifically talking about the rdj consulate, the employer letter is not needed if your tax returns and paychecks show enough income for your household size

[brazilk1visa 12]

21 minutes ago, p-ana said:

I am not a lawyer and I’m not familiar enough with US taxes to give advice

 

what I do know, specifically talking about the rdj consulate, the employer letter is not needed if your tax returns and paychecks show enough income for your household size

thanks for sharing your opinion, I understand no one here is a lawyer, we are just sharing experiences and advice  but do you think it is weird to show tax return and paychecks if I am claiming I am self employed? This is the part I believe is contradicting a little bit.