question about income?

P

pmf

Registered Users (C)
i have been working without any work authorizatin in usa for the last 2 years .I am married and my wife is an us citizen .We got married last year .Now my question is would it be wise to use my income which i worked with no work permit for filling out papers with uscis:confused: ??? because my wife dont make enough

what would anyone do in this kinda situation like mine?

thank you
 
Triple Citizen said:
Unauthorised work by spouses of US citizens is pardoned. You should be able to use your income.
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Are you sure about that? I mean, yes it is pardoned but how is he able to use it as income to qualify when he would have to show previous years tax returns? I thought they based income qualifications using w-2's, tax transcript, employment letter, pay stubs.

Did you pay taxes on unathorized income?

I am thinking you should try to find a co-sponsor whose income qualifies.
 
Agreed, unless you filed 1040s and paid taxes, you're going to have issues using that income on your affidavit of support. If you did then you'll probably be OK, but the IRS might want to have some words with you.
 
Yes, income will count only if 1040s and W-2s are presented. Don't make the assumption that all unauthorized work is also undeclared income to the IRS. 10 years ago it was a piece of cake to get SSNs. Tons of people on visitor visas, student visas got them. Some overstayed. If they work unauthorized and yet pay IRS their dues, then their income will count. People who came on J-1s, H-1s, L-1s and got SSNs and then fell out of status can also work unauthorised and yet be clear in the eyes of IRS :)
 
If you're out of status, you should probably file as a non-resident (and lose out on several tax breaks), so you definitely wouldn't be in the clear if the IRS audited you.
 
No one is "clear" if IRS audits you :) Ouch!!!
IRC actually encourages illegals to file taxes. If they are not eligible for SSNs, they can get ITINs.
 
Triple Citizen said:
No one is "clear" if IRS audits you :) Ouch!!!
IRC actually encourages illegals to file taxes. If they are not eligible for SSNs, they can get ITINs.
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Yeah, my point being you have to file 1040NR, not 1040. I've known people here illegally who have filed 1040 instead of 1040NR because they thought if they filed 1040NR ICE/UCSIS would "catch them".
 
thanks for all of your replys.

so far i think it would be best for me if i have co sponsers.My parents moved back to my home country for atlest a year for family reason.so do you think i can use my father and mother in laws income ?.....they have income but their income comes from social security benefits .....can i use that income?

Please tell me what do they have to do i mean what forms to sponser me on top of my wife:confused: ?

thanks
 
pmf said:
thanks for all of your replys.

so far i think it would be best for me if i have co sponsers.My parents moved back to my home country for atlest a year for family reason.so do you think i can use my father and mother in laws income ?.....they have income but their income comes from social security benefits .....can i use that income?

Please tell me what do they have to do i mean what forms to sponser me on top of my wife:confused: ?

thanks
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Unfortunately, your parents-in-law (if they are on Social Security) would not meet the income requirements either. YOu can not use them to sponsor you. You will need to find someone whose income is equal to or above the poverty guideline.
 
could u tell me why exactly i cant use my parents in laws social security income ?

cuz i have added thier social security income .....its 125% over the poverty limit for a household of 4 ...
 
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:p
pmf said:
could u tell me why exactly i cant use my parents in laws social security income ?

cuz i have added thier social security income .....its 125% over the poverty limit for a household of 4 ...
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My apologies if I told you wrong. You are saying that your parents-in-law receive $25,803 per year??? That is $2,150 per month? Well I guess they qualify:p however, if it is just them and they sponsor you it would only have be household of 3 which is $21,463 per year.
 
thanks for ur reply .....yeah my parents in laws income is over the amount.....now the reason i said household of 4 cuz in my parents in laws last year tax return they claimed my wife as dependant cuz we werent married then when they filed taxes......so i read in the instruction that whoever is or was claimed as dependant in sponsers last years tax return they need to be counted as household no matter where they live ....am i correct?..and also i am gonna have my wife's part time income added with her parents tooo.....please correct me if i wrong anywhere above

now if my parents in laws sponser me what forms they need to fill out? my wife needs to fill out i-864 becuase she is the petitioner.

thanks
 
pmf said:
thanks for ur reply .....yeah my parents in laws income is over the amount.....now the reason i said household of 4 cuz in my parents in laws last year tax return they claimed my wife as dependant cuz we werent married then when they filed taxes......so i read in the instruction that whoever is or was claimed as dependant in sponsers last years tax return they need to be counted as household no matter where they live ....am i correct?..and also i am gonna have my wife's part time income added with her parents tooo.....please correct me if i wrong anywhere above

now if my parents in laws sponser me what forms they need to fill out? my wife needs to fill out i-864 becuase she is the petitioner.

thanks
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Your in-laws need to fill out an I-864 as well. They will need last year tax transcript, whatever document they received from IRS to file their tax papers, proof of US citizenship. I am a little in the dark because I didn't know persons receiving Social Security had to file taxes. I am researching the internet to see if I can find out more info about persons on Social Security being able to sponsor just to be sure. Will inform you about anything I find out.

Wife will fill out I-864 as well with employment letter, w-2's, tax transcript, and proof of US citizenship.

I wish you success.
 
hello again
i thank you again for ur input.they had to file taxes for some reason i dont know yet i will find out ....but i do have their last 3 years tax returns and 1099 forms ....i will have my wife's w2s and tax returns as well

according to my last post do u think i should count my household as 4 or 3?

i read on the i-864 instructions that any household memebers who live together with the sponser need to fill out i-864A if their income needs to be combined,the reason iam saying this because if my father in law is the first joint sponser and also my mother in law the second joint sponser ,since they live together doesnt my mother in law need to fill out i-864A where my dad in law fills out i-864:confused: ???????????????

thansk for your time and wishing me success
 
pmf said:
hello again
i thank you again for ur input.they had to file taxes for some reason i dont know yet i will find out ....but i do have their last 3 years tax returns and 1099 forms ....i will have my wife's w2s and tax returns as well

according to my last post do u think i should count my household as 4 or 3?

i read on the i-864 instructions that any household memebers who live together with the sponser need to fill out i-864A if their income needs to be combined,the reason iam saying this because if my father in law is the first joint sponser and also my mother in law the second joint sponser ,since they live together doesnt my mother in law need to fill out i-864A where my dad in law fills out i-864:confused: ???????????????

thansk for your time and wishing me success
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Believe it or not, I am reading information to help better understand this. As you say, you don't need to use wife's income to qualify if there's meet but you can choose to do so. I think it will complicate things but can't be sure. I think you are right about the mother in law filling out the I-864-A since both their incomes are being used to qualify. my biggest concern is can they because of their income being SS do it. Have you found out or got a straight answer about that?
 
i called the uscis customer service and i am talked to one of the rep ....she told me they can use that ss benefit as an income .....another thing i realized that in i-864 forms it says you need to show w2s,1040s and any 1099s.The 1099 forms are actually social security frms because i have seen my parents in laws benefit form ...the forms say 1099 on top of it.

i forgot to ask about my mom in law filling out an i-864a form i will ask them when i call next time

thanks for your inputs.
 
pmf said:
i called the uscis customer service and i am talked to one of the rep ....she told me they can use that ss benefit as an income .....another thing i realized that in i-864 forms it says you need to show w2s,1040s and any 1099s.The 1099 forms are actually social security frms because i have seen my parents in laws benefit form ...the forms say 1099 on top of it.

i forgot to ask about my mom in law filling out an i-864a form i will ask them when i call next time

thanks for your inputs.
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That is good. You are very fortunate. I also meant to let you know that you also can get the FEE WAIVER for you and wife. You would just have to pay the biometric fee when you file and for your medical exam.
 
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