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  • letter explaining why didn't paid taxes? freelance?

    Hey everyone I have a question that i probably helpful to everyone else in my case, regardless your type of visa!

    My husband is actually working and paying taxes since august, but those 3 last years, he was a freelance photographer with very low income, living with his mom, and didn't paid taxes, because if you are a freelance photographer that gets paid cash no more than 500 a month you don't have to pay taxes I assume?

    How can he write a letter explaining the situation? Is that legal? Will I get denied because of it?? please help

    (obs he do have a work now and pay taxes every month and we do have a sponsor)

  • #2
    If your husband did not file income tax returns, he needs to explain this in a signed and dated statement in a succinct and logical manner.

    If your husband made $500 a month, he can make an argument for not being required to file income tax returns, but it will be met with some cynicism by USCIS. His better strategy would be to prepare an income tax return for 2013, showing self-employment gross income of $6,000 (@$500 per month), and writing most of it off with business expenses. His statement can then explain that he filed a 2013 tax return, but his income was insufficient to be a sponsor.

    --RayB

    Originally posted by Diana Salvador View Post
    Hey everyone I have a question that i probably helpful to everyone else in my case, regardless your type of visa!

    My husband is actually working and paying taxes since august, but those 3 last years, he was a freelance photographer with very low income, living with his mom, and didn't paid taxes, because if you are a freelance photographer that gets paid cash no more than 500 a month you don't have to pay taxes I assume?

    How can he write a letter explaining the situation? Is that legal? Will I get denied because of it?? please help

    (obs he do have a work now and pay taxes every month and we do have a sponsor)

    Comment


    • #3
      Thank for the fast reply Rayb, I think we gonna go with a letter, because 500 was an estimate that i though he used to make, he told me that actually, some months, he used to make 100 dollars, and other months no more than 400, that his income was always low and sometimes he did not even had food for money :/ this can be proved for the fact he was on food stamps and for the fact he was living with his mom

      So i think sending a letter explaining it all could be an option right and they would probably understand?
      Esp that now he met me and i straightened his life and he got 2 jobs where he pays taxes every month automatically with W2's

      Comment


      • #4
        If this is for Adjustment of Status, your husband is the primary petitioner, even without sufficient income to sponsor and without tax returns. He will need a qualified co-sponsor.

        You can include a signed and dated statement (it's not a letter) explaining why he did not file a 2013 Federal tax return (leave any mention of earlier years alone), but provide ample proof of his current employment and income.


        --Ray B

        Originally posted by Diana Salvador View Post
        Thank for the fast reply Rayb, I think we gonna go with a letter, because 500 was an estimate that i though he used to make, he told me that actually, some months, he used to make 100 dollars, and other months no more than 400, that his income was always low and sometimes he did not even had food for money :/ this can be proved for the fact he was on food stamps and for the fact he was living with his mom

        So i think sending a letter explaining it all could be an option right and they would probably understand?
        Esp that now he met me and i straightened his life and he got 2 jobs where he pays taxes every month automatically with W2's

        Comment


        • #5
          Originally posted by rayb View Post
          If this is for Adjustment of Status, your husband is the primary petitioner, even without sufficient income to sponsor and without tax returns. He will need a qualified co-sponsor.

          You can include a signed and dated statement (it's not a letter) explaining why he did not file a 2013 Federal tax return (leave any mention of earlier years alone), but provide ample proof of his current employment and income.


          --Ray B

          Thank a lot ! Will do Gonna write down an explanation that he did not filled taxes for 2013 cause he was on food stamps and he did not have money for anything else than basic needs and he did not had a business being freelance, only a camera that he used to take a few pics here and there to pay for medicine and stuff like that, then i explain that currently he works and he pay taxes with proof of his employment letters and paystubs showing the taxes being paid

          Do you think I should mention that he was on food stamps cause that is just itself proof of low income for taxes, or that i should not mention it because it could affect my adjustment of status as his spouse? (he is not on food stamps anymore since 5 months)

          Also, he is an signed actor, and he did a few extra in movies, but he was automatically taken out taxes when he got paid for those, he just dont have the records cause he did not filled to get his taxes back, can i mention he did paid taxes with W2's in his acting gigs during 2013 but he does not have the records cause he didn't filled to get it back?

          also, if i was a student in my homecountry, a law student in the university, should i mention that in ''last employment and occupation last 5 years'' in the gorm g-325a? or just put unemployed? cause i never worked
          Last edited by Diana Salvador; 10-06-2014, 04:44 PM.

          Comment


          • #6
            Diana,

            Don't mention Food Stamps or any government benefits received by your husband.

            Also if you mention that your husband did some "extra" acting but did not file income tax returns, you are "muddying the water." Your husband could get copies of his W2 forms anytime, and if total income was $4,000+, he should have filed income tax returns (depends on amount, age and marital status).

            Your employment and college major has nothing to do with sponsorship review.

            --Ray B

            Originally posted by Diana Salvador View Post
            Thank a lot ! Will do Gonna write down an explanation that he did not filled taxes for 2013 cause he was on food stamps and he did not have money for anything else than basic needs and he did not had a business being freelance, only a camera that he used to take a few pics here and there to pay for medicine and stuff like that, then i explain that currently he works and he pay taxes with proof of his employment letters and paystubs showing the taxes being paid

            Do you think I should mention that he was on food stamps cause that is just itself proof of low income for taxes, or that i should not mention it because it could affect my adjustment of status as his spouse? (he is not on food stamps anymore since 5 months)

            Also, he is an signed actor, and he did a few extra in movies, but he was automatically taken out taxes when he got paid for those, he just dont have the records cause he did not filled to get his taxes back, can i mention he did paid taxes with W2's in his acting gigs during 2013 but he does not have the records cause he didn't filled to get it back?

            also, if i was a student in my homecountry, a law student in the university, should i mention that in ''last employment and occupation last 5 years'' in the gorm g-325a? or just put unemployed? cause i never worked

            Comment

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