How to solve a 1099 issue ? Help Needed ?

rs76

Registered Users (C)
Folks,
I have a situation where am very concerned due to wrong guidance.

Context
Im in the GC process with my 140 approved and opted for CP and the NVC has received my case 15 days back.

Problem
Last year when i was in the process of buying a new house, i approached the builder and asked them abt a real estate rebate and they told they would give only for licensed RE professionals.
Civil Law was one area of my interest and hence i studied and cleared my exam. I approached a few real estate firms before that to understand how it works if its a paid empolyment and they said its a commission based and no regular salary and that a SSN would be enough.
I also checked with a CPA and he said it is much similar to H1B people writing a book because they get paid 1099 and that there is no SIDE consulting work of any sort.

So in my last year tax returns i did declare the income i made and paid all the taxes correctly.
Now my issue is how much will this have an impact on the CP process ?
I have not done any IT consulting or setting up a C/S corporation for business.
I had one more appointment with my CPA and discussed the situation and he said since the TAX code for the other income is related RE (if asked) i could explain the situation and since its not IT related or consulting work it should be ok.
After reading through a few posts in the forum im concerned around this issue.
I have all my employment records and every thing else VERY CLEAN, continous employment, no missing paychecks, no bench issues etc

ANY guidance as to what my approach can be ? I dont want this to become an issue.
HOW much do CP consulars go in deep into the Tax transcripts ?

/rs
 
Hi RS76,

If I understand correctly, you’re apprehensive that the consular officer may question the ‘extra’ income on your 1040 due to a real estate commission paid to you. The chances of this being picked up are very slim as during the doc collection and interview process @ the consulate, there does not seem to be real scrutiny of the secondary docs – they are focusing on the employment letter, BC, PCC, Marriage Cert., photos, etc. If this extra income is picked up, you can explain the situation that this was to save money on your first home and that you’re not utilizing the license for further sales. I don’t know if it’s worth revoking the license or letting it expire if it does less than 1 year to support the claim that it was for one-time use.

You should also consult with your immigration attorney and take his/her advice as to the response that you should prepare in case this comes up or anything else that you should do!

Good luck!

Rjain.
 
I would suggest to take opinion of competent immigration attorney. Since you are going for CP you should be more careful. In AOS such things will not be a problem.

I have sent you private message for some info can you please look into that.
 
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