Question about Sponsorship + Online Marriage

[ETintheUS 2]

(Tried posting in my other feed, but no answers, so hope it's ok to post question here.)

 

 

Hello, 

 

A lot has changed since last time I wrote! We don't know how the process is looking after Covid, however assuming everything still remains the same we have some questions: 

 

1) My gross income for 2019 was 70k, as I'm self employed I have a low after tax income and in the previous 2 years it's been around 12-14k. I was wondering with regards to the spouse visa application, is it better to alter my taxable income to 28k and therefore to have sufficient earnings for this process? 

Alternatively, I have the option to go for joint sponsorship. as my parents have agreed to that, so really I was wondering what is the better option? To keep my taxes as they are currently low and go for joint sponsorship, or adjust to 28k? 

 

My next question is related to the current situation on restrictions to travel. We were planning to get married in Colorado this weekend, however we travelled to the UK in Feb and are now stuck in the UK, as my partner cannot fly to USA currently. We've done a lot of investigation, and it is not advisable to marry in the UK as it will effect the spousal visa process in the UK and we cannot fly anywhere else right now! And if I leave, we don't know when we will see each other again, so my next question: 

 

2) We found a website online to get married, eg. www.webwedmobile.com, and was wondering if this is viable to start the process? If this is not recognised by the law then I guess we will have to wait to see what happens after travel restrictions are lifted. 

 

Thank you and look forward to your response! 

 

Eugenia  

[DELETEME1234 208]

6 minutes ago, ETintheUS said:

(Tried posting in my other feed, but no answers, so hope it's ok to post question here.)

 

 

Hello, 

 

A lot has changed since last time I wrote! We don't know how the process is looking after Covid, however assuming everything still remains the same we have some questions: 

 

1) My gross income for 2019 was 70k, as I'm self employed I have a low after tax income and in the previous 2 years it's been around 12-14k. I was wondering with regards to the spouse visa application, is it better to alter my taxable income to 28k and therefore to have sufficient earnings for this process? 

Alternatively, I have the option to go for joint sponsorship. as my parents have agreed to that, so really I was wondering what is the better option? To keep my taxes as they are currently low and go for joint sponsorship, or adjust to 28k? 

 

My next question is related to the current situation on restrictions to travel. We were planning to get married in Colorado this weekend, however we travelled to the UK in Feb and are now stuck in the UK, as my partner cannot fly to USA currently. We've done a lot of investigation, and it is not advisable to marry in the UK as it will effect the spousal visa process in the UK and we cannot fly anywhere else right now! And if I leave, we don't know when we will see each other again, so my next question: 

 

2) We found a website online to get married, eg. www.webwedmobile.com, and was wondering if this is viable to start the process? If this is not recognised by the law then I guess we will have to wait to see what happens after travel restrictions are lifted. 

 

Thank you and look forward to your response! 

 

Eugenia  

1) USCIS looks at your gross income not AGI so that shouldn't be an issue, although it can never hurt to have joint sponsors as a backup, it'll put USCIS at ease if there are doubts regarding income/public charge. Just be sure to fully inform the joint sponsor of how the responsibility that comes with it and the fact that they remain responsible for the intended immigrant regardless of how the relationship evolves until certain points are met. 

 

2) No one can advise you to get married abroad to then bring in your new spouse with the intent to immigrate since that's illegal and considered immigration fraud and helping or even condoning such thing goes against the ToS of this website. In a general sense though, I know of no jurisdiction that would consider an online wedding a legitimate marriage, but then again I'm more versed in laws overseas, here in the US things might be a bit more wild-westy so to say so someone else might be able to shed light on that. 

[NancyNguyen 1,658]

Amend tax to higher income is very uncalled, it is even more troublesome when it comes to IRS.  Get married legally through a civil official or religion not some “convenient” website. US immigration recognizes all marriage license, so you can get married everywhere on earth.

[ETintheUS 2]

5 minutes ago, Poseidon1212 said:

1) USCIS looks at your gross income not AGI so that shouldn't be an issue, although it can never hurt to have joint sponsors as a backup, it'll put USCIS at ease if there are doubts regarding income/public charge. Just be sure to fully inform the joint sponsor of how the responsibility that comes with it and the fact that they remain responsible for the intended immigrant regardless of how the relationship evolves until certain points are met. 

 

2) No one can advise you to get married abroad to then bring in your new spouse with the intent to immigrate since that's illegal and considered immigration fraud and helping or even condoning such thing goes against the ToS of this website. In a general sense though, I know of no jurisdiction that would consider an online wedding a legitimate marriage, but then again I'm more versed in laws overseas, here in the US things might be a bit more wild-westy so to say so someone else might be able to shed light on that. 

Thank you! 

5 minutes ago, NancyNguyen said:

Amend tax to higher income is very uncalled, it is even more troublesome when it comes to IRS.  Get married legally through a civil official or religion not some “convenient” website. US immigration recognizes all marriage license, so you can get married everywhere on earth.

Thank you! 

[geowrian 22,338]

1) What matters for I-864 purposes in your case is what's on the "total income" line on the 1040.

To clarify, I'm assuming by "alter your taxes" you mean claiming less exemptions/expenses. Just putting this out there for others reading...the way it reads to somebody not familiar with self-employment may sound shady. haha

Whether you want to go with a suitable joint sponsor (I-864 from 1 parent, I-864A from the other if they file jointly) or pay more in taxes is a personal decision.

 

2) I would not go that route. I can't say 100% is won't be accepted, but if it is not, you're going to be going through months if not years of getting it fixed to become eligible....after getting denied (which will take the better part of a year already).

In this particular case, I would even say it very likely would not qualify. If you cannot marry in person where you are (I get the UK marriage restrictions), doing it online won't make it any more legal. It can only present more challenges.

I'm not even sure if this would be considered a proxy marriage or what...laws have not updated for this. But you need a marriage license, and it sounds like getting one from the UK is the issue, and one from somewhere you are not physically located is extremely shaky ground.

Just don't do it.

 

Getting married in Colorodo is not an issue (once you can get there). But she cannot enter with intent to stay. She can enter to marry, then return home while going through the visa process abroad She can visit in the meantime, with the appropriate VWP privilege or a visa.

 

7 minutes ago, Poseidon1212 said:

1) USCIS looks at your gross income not AGI so that shouldn't be an issue

They use "total income" for self-employment. Total income can even be negative in this case. It's not a matter of using gross vs AGI.

[ETintheUS 2]

12 minutes ago, geowrian said:

1) What matters for I-864 purposes in your case is what's on the "total income" line on the 1040.

To clarify, I'm assuming by "alter your taxes" you mean claiming less exemptions/expenses. Just putting this out there for others reading...the way it reads to somebody not familiar with self-employment may sound shady. haha

Whether you want to go with a suitable joint sponsor (I-864 from 1 parent, I-864A from the other if they file jointly) or pay more in taxes is a personal decision.

 

2) I would not go that route. I can't say 100% is won't be accepted, but if it is not, you're going to be going through months if not years of getting it fixed to become eligible....after getting denied (which will take the better part of a year already).

In this particular case, I would even say it very likely would not qualify. If you cannot marry in person where you are (I get the UK marriage restrictions), doing it online won't make it any more legal. It can only present more challenges.

I'm not even sure if this would be considered a proxy marriage or what...laws have not updated for this. But you need a marriage license, and it sounds like getting one from the UK is the issue, and one from somewhere you are not physically located is extremely shaky ground.

Just don't do it.

 

Getting married in Colorodo is not an issue (once you can get there). But she cannot enter with intent to stay. She can enter to marry, then return home while going through the visa process abroad She can visit in the meantime, with the appropriate VWP privilege or a visa.

 

They use "total income" for self-employment. Total income can even be negative in this case. It's not a matter of using gross vs AGI.

THANK YOU! That is what I meant about amended taxes. I travell a lot for work, which is typically a big write off being self employed, but in this case, I would not right off travel, bringing my after tax income up to $28,000. But it seems joint sponosorship is the best way to go, just in case? So it may not actually matter how much I make? Is this correct?

 

[DELETEME1234 208]

18 minutes ago, geowrian said:

They use "total income" for self-employment. Total income can even be negative in this case. It's not a matter of using gross vs AGI.

My bad, haven't had a business in the US. But are you telling me they don't ask about revenue of entrepreneurs? Seems like an awfully easy way to fudge the numbers if not. 

[payxibka 10,047]

For immigration purposes,  the USA does NOT recognize an unconsummated proxy marriage 

[geowrian 22,338]

9 minutes ago, ETintheUS said:

THANK YOU! That is what I meant about amended taxes. I travell a lot for work, which is typically a big write off being self employed, but in this case, I would not right off travel, bringing my after tax income up to $28,000. But it seems joint sponosorship is the best way to go, just in case? So it may not actually matter how much I make? Is this correct?

If you have a willing sponsor who is fine with the commitment, that is probably better IMHO.

 

4 minutes ago, Poseidon1212 said:

My bad, haven't had a business in the US. But are you telling me they don't ask about revenue of entrepreneurs? Seems like an awfully easy way to fudge the numbers if not. 

For I-864 purposes, revenue doesn't matter one bit.

For the public charge decision, having a sustainable business is a positive. It would not hurt to include evidence of ongoing revenue, if necessary. It's just a different aspect than the I-864 requirements.

Edited April 8, 2020 by geowrian

[DELETEME1234 208]

Just now, geowrian said:

For I-864 purposes, revenue doesn't matter one bit.

From a taxation perspective, i.e. for the IRS revenue would be interesting since it gives insight in how likely a write off is legitimate. If all you're asking is income and someone can put -$12K down as some sort of black box its makes it rather ridiculously easy to fudge the numbers or commit tax fraud. That was what I was referring to. And since other tax jurisdictions I've dealt with explicitly ask about what goes in and what goes out I made the false assumption the IRS does the same and AGI for entrepreneurs would be the end result.  

 

On a different note, inflating or deflating a tax return is equally illegal although a lot of people consider it a grey area. Contrary to popular believe the IRS does mind if you pay too much taxes because it messes with treasury budgeting since you can amend the return later at which time you get the taxes back. But in a more practical sense; if you are wilfully misrepresenting your business as a source of sustainable income by omitting the cost of operating (e.g. plane tickets) so that it seems that you gain more income out of it than in reality, that is still considered immigration fraud because the end game is an attempt to gain an immigration benefit. Long story short: get a joint sponsor unless your business actually generates the necessary income. 

[payxibka 10,047]

9 minutes ago, geowrian said:

If you have a willing sponsor who is fine with the commitment, that is probably better IMHO.

 

For I-864 purposes, revenue doesn't matter one bit.

For the public charge decision, having a sustainable business is a positive. It would not hurt to include evidence of ongoing revenue, if necessary. It's just a different aspect than the I-864 requirements.

It is technically "net income" or "net loss" (after business expenses),  which should not be confused with total income or revenue 

[ETintheUS 2]

16 minutes ago, payxibka said:

For immigration purposes,  the USA does NOT recognize an unconsummated proxy marriage 

 

17 minutes ago, payxibka said:

For immigration purposes,  the USA does NOT recognize an unconsummated proxy marriage 

Thank you! So sad. Hopefully we can fly to US soon!

[geowrian 22,338]

Just now, Poseidon1212 said:

From a taxation perspective, i.e. for the IRS revenue would be interesting since it gives insight in how likely a write off is legitimate. If all you're asking is income and someone can put -$12K down as some sort of black box its makes it rather ridiculously easy to fudge the numbers or commit tax fraud. That was what I was referring to. And since other tax jurisdictions I've dealt with explicitly ask about what goes in and what goes out I made the false assumption the IRS does the same and AGI for entrepreneurs would be the end result.

Well it's not just a matter of putting in -$12k. You have to attach the schedule listing how you got to that number.

Yes, somebody can certainly lie about the numbers. They can do that in many ways, not just self-employment. Much of the US tax system is based on trust really.

But if caught, I believe it's around 10 years in prison + fines and penalties...? It's a felony at the very least. I'm not sure what class of one, but it's a serious offense.

 

Just now, Poseidon1212 said:

On a different note, inflating or deflating a tax return is equally illegal although a lot of people consider it a grey area. Contrary to popular believe the IRS does mind if you pay too much taxes because it messes with treasury budgeting since you can amend the return later at which time you get the taxes back. But in a more practical sense; if you are wilfully misrepresenting your business as a source of sustainable income by omitting the cost of operating (e.g. plane tickets) so that it seems that you gain more income out of it than in reality, that is still considered immigration fraud because the end game is an attempt to gain an immigration benefit. Long story short: get a joint sponsor unless your business actually generates the necessary income. 

One has no legal obligation to claim a deduction or expense. One cannot lie on the form or schedules, but they have no obligation to take a write off.

If I want to itemize and take a lower deduction, I have that choice.

If I want to file MFS when MFJ provides a greater deduction, I have that choice.

If I want to skip a credit that I qualify for, I can do so.

If I have foreign income but don't want to waste the time with the FEIE, I can do so and pay more in taxes as a result of my laziness.

 

I cannot see how this is immigraiton fraud in any possible way.

As long as the tax returns are being completed honestly and legally, they can be completed however somebody wants.

[geowrian 22,338]

7 minutes ago, geowrian said:

Well it's not just a matter of putting in -$12k. You have to attach the schedule listing how you got to that number.

Yes, somebody can certainly lie about the numbers. They can do that in many ways, not just self-employment. Much of the US tax system is based on trust really.

But if caught, I believe it's around 10 years in prison + fines and penalties...? It's a felony at the very least. I'm not sure what class of one, but it's a serious offense.

 

One has no legal obligation to claim a deduction or expense. One cannot lie on the form or schedules, but they have no obligation to take a write off.

If I want to itemize and take a lower deduction, I have that choice.

If I want to file MFS when MFJ provides a greater deduction, I have that choice.

If I want to skip a credit that I qualify for, I can do so.

If I have foreign income but don't want to waste the time with the FEIE, I can do so and pay more in taxes as a result of my laziness.

 

I cannot see how this is immigraiton fraud in any possible way.

As long as the tax returns are being completed honestly and legally, they can be completed however somebody wants.

I just wanted to add that there is less flexibility with the income portions. I get that. You can't exclude something just to change the numbers. The revenue and cost of running a business is what it is. The schedules don't provide flexibility there.

But there are certainly legal mechanisms that have differing results.

Schedule 1 would probably be a big factor here. I don't know the OP's line of business to say what applies or not. I work under the assumption they know how to do their own taxes accurately. As long as they do so, there's no issue.

[DELETEME1234 208]

1 minute ago, geowrian said:

I just wanted to add that there is less flexibility with the income portions. I get that. You can't exclude something just to change the numbers. The revenue and cost of running a business is what it is. The schedules don't provide flexibility there.

But there are certainly legal mechanisms that have differing results.

Schedule 1 would probably be a big factor here. I don't know the OP's line of business to say what applies or not. I work under the assumption they know how to do their own taxes accurately. As long as they do so, there's no issue.

I was typing up a response, but I think the language barrier on my end caused some misinterpretation, now that you mention this I think I was misunderstanding some things. As an aside, it makes sense there's a separate schedule that asks to specify in more detail the streams of money. I have to acknowledge that I know too little about the topic so I'll have to withdraw from the discussion.