Affidavit of Support - most of his pay is "off the books"

[SCFsnoopy 0]

My fiance just raised a very interesting question about showing his financial income.

He's legally employed as a barber and makes a decent amount of money. However, for some reason, he is only paid $88.41 a week on record, when in reality he receives between $400-$800 a week (depending on how many haircuts he does and how much he makes in tips). He receives the $88.41 as a check and the rest of his pay is cash in an envelope.

I just looked at the I-134 form and as far as I can see it doesn't ask for you to submit actual proof of income, however, will they ask him to submit proof at his interview?

He doesn't get payslips, he just gets the envelope with his check and cash in it with what he earned each day of that week written on it. I've asked him if he can ask his boss if he has any sort of personal record of what the barbers are earning so that we could provide that if needed.

Thanks for any help =)

[Otto 83]

Is it safe to assume your fiancé doesn't declare this under-the-table income on his income taxes? If so - it will be difficult, if not impossible, to show proof of it for the I-134. Yes - you must show supporting documents/evidence for income claimed on the I-134.

[SCFsnoopy 0]

Is it safe to assume your fiancé doesn't declare this under-the-table income on his income taxes? If so - it will be difficult, if not impossible, to show proof of it for the I-134. Yes - you must show supporting documents/evidence for income claimed on the I-134.

#######, that's what I thought.

If his employer does have some kind of record of what he's *actually* being paid (his boss owns the babershop and it's likely he has his own personal records) could we use those? Or in our case would it be smart to have a co-sponser? (we can do that easily enough).

[Penguin_ie 5,993]

Your fiance will either need to file back taxes declaring his real income, so it is above the poverty line, or you'll need a co-sponsor (or use assets).

[Gary and Alla 3,694]

My fiance just raised a very interesting question about showing his financial income.

He's legally employed as a barber and makes a decent amount of money. However, for some reason, he is only paid $88.41 a week on record, when in reality he receives between $400-$800 a week (depending on how many haircuts he does and how much he makes in tips). He receives the $88.41 as a check and the rest of his pay is cash in an envelope.

I just looked at the I-134 form and as far as I can see it doesn't ask for you to submit actual proof of income, however, will they ask him to submit proof at his interview?

He doesn't get payslips, he just gets the envelope with his check and cash in it with what he earned each day of that week written on it. I've asked him if he can ask his boss if he has any sort of personal record of what the barbers are earning so that we could provide that if needed.

Thanks for any help =)

His income tax return will show his correct income, yes? Oops. Forgot to claim it and pay taxes on it? Well this is just one of the benefits of tax evasion. His boss has no record either as he would be in even more trouble for not withholding payroll taxes. Your fiance doesn't have an interview about income, YOU do. He has to give you the documents and YOU have to explain it. You are correct it does not actually say you have to prove income. You can go with that.

Better line up a co-sponsor

[SCFsnoopy 0]

His income tax return will show his correct income, yes? Oops. Forgot to claim it and pay taxes on it? Well this is just one of the benefits of tax evasion. His boss has no record either as he would be in even more trouble for not withholding payroll taxes. Your fiance doesn't have an interview about income, YOU do. He has to give you the documents and YOU have to explain it. You are correct it does not actually say you have to prove income. You can go with that.

Better line up a co-sponsor

I think we will line up a co-sponsor.

I asked him if he claims taxes on everything he earns or just the checks, and his response was something along the lines of "only the checks, I thought that was all I needed to since that's all I get on the books." It's not deliberate tax evasion on his part, just ignorance about the tax system and no thanks to his boss for doing things a bit dodgy.

So now I'm wondering how much he should claim to earn on the I-134... what he actually earns, or what is declared on his tax return (I'm going to guess it's the latter). Does anyone have a link to, or could explain, the process of having a co-sponsor?

Thanks again for the advice.

[TayRivers 4]

I think we will line up a co-sponsor.

I asked him if he claims taxes on everything he earns or just the checks, and his response was something along the lines of "only the checks, I thought that was all I needed to since that's all I get on the books." It's not deliberate tax evasion on his part, just ignorance about the tax system and no thanks to his boss for doing things a bit dodgy.

So now I'm wondering how much he should claim to earn on the I-134... what he actually earns, or what is declared on his tax return (I'm going to guess it's the latter). Does anyone have a link to, or could explain, the process of having a co-sponsor?

Thanks again for the advice.

I am sorry but every single US Citizen knows that they have to declare any income they have, no matter where it comes from. He has evaded paying his taxes he can not blame it on anyone else even if his boss does not declare what he is paying him, he should be declaring the full amount on his taxes.

Why the hell should the rest of us pay full tax on our full income, while he gets to only pay tax on 1/10 of his earnings. He is steeling from his country. He should file a amended return for each year he has cheated the system.

[baron555 934]

t's not deliberate tax evasion on his part, just ignorance about the tax system

That is no excuse. How long has this been the situation? He CAN file amended returns and anty up properly.

If the annual amount of the tips is not much, then maybe just come clean next year.

Yes co=sponser seems to be your only bet......and a better paying job for sure.

[Bobby+Umit 161]

Well, now you know he needs to claim it to the IRS.

Have him send an admended return, and then you will have your proof of being over the poverty level.

Most embassies require "proof" for income, more than what the I-134 specifies, this is from the Ankara embassy website:

For Petitioner: Complete the original Form I-134, Affidavit of

Support and its supplemental documents: W-2 and 1040 tax forms (for the last taxable year), bank and other financial statements and forward it to your relative.

I believe the reasoning behind that is because their handbook references the I-864, not the I-134, for guidance, and the I-864 requires the most recent years tax return.

Good luck.

[Neonred 3,564]

His income tax return will show his correct income, yes? Oops. Forgot to claim it and pay taxes on it? Well this is just one of the benefits of tax evasion. His boss has no record either as he would be in even more trouble for not withholding payroll taxes. Your fiance doesn't have an interview about income, YOU do. He has to give you the documents and YOU have to explain it. You are correct it does not actually say you have to prove income. You can go with that.

Better line up a co-sponsor

I think we will line up a co-sponsor.

I asked him if he claims taxes on everything he earns or just the checks, and his response was something along the lines of "only the checks, I thought that was all I needed to since that's all I get on the books." It's not deliberate tax evasion on his part, just ignorance about the tax system and no thanks to his boss for doing things a bit dodgy.

So now I'm wondering how much he should claim to earn on the I-134... what he actually earns, or what is declared on his tax return (I'm going to guess it's the latter). Does anyone have a link to, or could explain, the process of having a co-sponsor?

Thanks again for the advice.

That's BS

[rmncm 0]

Accually I work for the IRS Fraud Division, a copy of this thread and the IP has been fowarded to our office. We work closely with the NVC so we are going to be in close contact inter-office and I'm sure that when we see a petition come through the Australia section for a Barber we will take action to rectify your SO's little tax evasion problem. BTW tax evasion carries upto 10 years in prison and $100,000 fine. Tell your SO to watch the movie Big Stan and get prepared to become someones play thing!

I hope this has grabbed your attention, this is a serious matter. Being your talking the US goverment, I can promiss you there is communication between the different branches, they prolly verify tax transcrips with the IRS. Big brother is always watching......

[Anh map 2,098]

Best solution for the K visa is to get a co-sponsor.

[Melrose Plant 1]

Man, it either took some serious naivete or something to post this on a public forum. Everybody knows you have to report everything as income. Now some of that income might not get taxed, but you still have to report it anyhow. Not to be a jerk, but I would really be careful with this guy. Something's not right here.

You know, that's how they eventually got Al Capone--not for all the people he'd killed (or had killed), or all the illegal schemes he had going--they eventually got him for income tax evasion.

[Gary and Alla 3,694]

I think we will line up a co-sponsor.

I asked him if he claims taxes on everything he earns or just the checks, and his response was something along the lines of "only the checks, I thought that was all I needed to since that's all I get on the books." It's not deliberate tax evasion on his part, just ignorance about the tax system and no thanks to his boss for doing things a bit dodgy.

So now I'm wondering how much he should claim to earn on the I-134... what he actually earns, or what is declared on his tax return (I'm going to guess it's the latter). Does anyone have a link to, or could explain, the process of having a co-sponsor?

Thanks again for the advice.

I am sorry but every single US Citizen knows that they have to declare any income they have, no matter where it comes from. He has evaded paying his taxes he can not blame it on anyone else even if his boss does not declare what he is paying him, he should be declaring the full amount on his taxes.

Why the hell should the rest of us pay full tax on our full income, while he gets to only pay tax on 1/10 of his earnings. He is steeling from his country. He should file a amended return for each year he has cheated the system.

Yes, now here is a REAL problem. The above poster is correct, ALL US citizens know this is a violation of tax law, why he would lie to you about it is more of a problem for you than that he does it. He is a barber. He is licensed to be a barber. His barber school taught him some of the tax reporting requirements (not enough to be an accountant, but surely enough to understand self-employed reporting requirements) Everyone knows that many (if not most) cash employees do not claim all their income. Waitresses, bartenders, hair stylists, barbers, cab drivers, etc., not to mention prostitutes, drug dealers, all the way back to Al Capone, who was finally jailed for tax evasion, not running a huge crime gang! This is the biggest "open secret" in America. Why he would feel he needs to lie about it to his fiancee is beyond me. In Ukraine, the process is known as "black money", unclaimed income. His boss also knows it is a violation, and his boss could be in much more trouble than your fiance. The problem with "black money", besides the fact it is cheating those of us that claim income and pay tax, is that it cannot be proven when you need to, such as this process, getting a loan etc. Who is going to give you a home mortgage or car loan with an income of $88 per week? That is WAY below the "minimum wage" dictated by law. Less than 16 year olds make working at the skateboard shop! I am sure you aware this happens in your country also, it is pretty much the same the world over. Usually the higher the tax demanded by the government from income, the more people try to avoid having "official" income.

He can "claim" anything he wants as his annual income, but the consulate will require documentation and that will be difficult to obtain (if not impossible). If he suddenly decides to "fess up" be aware he is required to pay the self-employment tax under this arrangement (Social Security, we ALL know about that also) and that is 15% of all his pay with no deductions or exemptions. You are looking at about $3000 in self employment tax just to claim enough income to qualify for a two person household, not to mention income tax! He will pay 15.3% of every dollar claimed on line 22 (gross income) and this is what the consulate looks at. If he had regular employment, he would pay half this amount and his employer would pay half.

THAT is why they don't do it, he and his boss are fully aware of what they are doing. It is not a mistake, he isn't that ignorant. Not possible.

You will need a co-sponsor to be successful, and for the AOS also. You also have TWO assignments, find a co-sponsor and find out why the man you will marry can't tell you about his income tax situation?

And it is true, by doing this, he is putting a heavier tax burden on all the rest of us. One reason I support the FAIR TAX! A national sales tax to replace the income and payroll taxes. Collect the tax when he SPENDS it, not when he makes it. That doesn't work.

[tallcoolone 102]

My fiance just raised a very interesting question about showing his financial income.

He's legally employed as a barber and makes a decent amount of money. However, for some reason, he is only paid $88.41 a week on record, when in reality he receives between $400-$800 a week (depending on how many haircuts he does and how much he makes in tips). He receives the $88.41 as a check and the rest of his pay is cash in an envelope.

I just looked at the I-134 form and as far as I can see it doesn't ask for you to submit actual proof of income, however, will they ask him to submit proof at his interview?

He doesn't get payslips, he just gets the envelope with his check and cash in it with what he earned each day of that week written on it. I've asked him if he can ask his boss if he has any sort of personal record of what the barbers are earning so that we could provide that if needed.

Thanks for any help =)

Lets See:

He is evading paying taxes, which is a Federal Crime.

Federal Crime gets day per day sentences, Example - You get 48 months sentence, their isn't time served, and the Judge is under Federal Guidelines on how to Sentences, He doesn't have much wiggle room.

Federal Prison, is better than state prison.

I say shame on your fiance, and shame on you getting on her a posting what he is illegally doing.

Tell him to man up and join the federal tax system, and stop stealing from the IRS.