ControlFreak

Ok, I've been trying to figure out how to go about this forever and I seem to be getting nowhere fast so I figured I'd ask you guys.
Ok, here's the situation...

My husband is a free-lance musician who plays with any local band that needs him. He had a "real" job when we got married but lost it soon after we married. Despite looking for work, he was unable to find anything for a long time and so we were living off of what he made as a musician - which is not alot, I can tell you! (About $100 - $150 a week, if he was lucky).
This has obviously posed a bit of a problem with the whole AOS process as he doesn't make enough for the Affadavit of Support. We looked into finding a co-sponsor, but his family has been unable to help as they are not as financially secure as they'd like, and though I get on with them really well, they were scared by the unclear financial obligations involved. And I can hardly blame them.
As of now, my husband is working and will soon (within the next few weeks) be earning more than the minimum income required.
What I need to know is when he files his taxes this year, should he declare the money he has made as a free-lance musician? He hasn't in the past as he's never earned enough through it. And it's difficult to prove when and how much he's been payed.
If we don't declare it and then go for the AOS interview, are they going to wonder how we supported ourselves while he was "unemployed"?
I realise that finding a co-sponsor, even if my husband is making enough, is probably a good idea, but it's easier said than done!
We are intending to do the Instant Adjustment pilot program that they are currently doing in Dallas, so as soon as we have all the stuff we need, we could have an interview within weeks.
I;m sure I've forgotten something, but any advice would be appreciated!

CF

hcj1440

So you're saying that you'd really prefer to cheat on your taxes and not declare the "under the table" income, but you're afraid things won't go your way in the AOS interview if you're not on the up and up?

IMHO you should declare the income. Then if they ask you how you got by while he was unemployed, you can tell the truth.

Hypertweeky

I agree! Honesty is the best policy!!
Don't risk it.

CaliforniaBride

What a dilemma???? Some people are their own worst enemy.

Hypertweeky

Be good girlie

ControlFreak

Uhh.. thanks to those who gave me constructive replies.

We will file the taxes for both incomes, though I have no idea how we go about proving the amount. I'm sure we'll figure it out.

CF

Noorah101

I think for now, a rough estimate will get your taxes completed, anyway, and that's your first step in the right direction. If you get audited (doubtful) then you can scramble around trying to figure out how to prove it. One of my favorite sayings "you can only provide what you've got!"

Best Wishes,
Rene

Taterbug

Hey Rene, You just never know when you are going to be audited. It is definitely beneficial for them to account for every bit of money they made for 2004(and right up to Dec 31, 2004). About 7 years ago, I was audited and a letter was mailed to me saying that I had not claimed $43.00 for my 1998 income tax year.....yes, $43.00!! LOL The company I had worked for paid me a little bit of overtime, dated the check Dec 31, 1998, but it sat on their desk for 3 weeks before they had finally mailed it out to me. When I got the check at the end of January, 1999 I just cashed it and thought nothing about it. By this time, I had already filed my taxes too. Well when 1999 tax time rolled around, I got this wonderful letter stating that I did not claim $43.00 on my 1998 income tax and they even added on 12 months of interest to this amount too! They made such a big deal out of this $43.00, that you would think that it was $43,000.00 I had neglected to claim!! LOL

Noorah101

Wow! Thanks for sharing that! :scared:

Best Wishes,
Rene

1Duckie

Sweetie, you need to claim the under-the-table income. There are ways that the government can estimate how much money you actually earned in a given year by factoring in your credit worthiness from the 3 credit reporting agencies.

There are other things they take in consideration when they audit you:
Rental payments for your home or apartment + utilities that are in your names
Estimated living expenses (food, medicine, clothing)
The amount that is in your savings/checking account and history thereof
If you own a car or are buying a car -payments
Credit cards if any in your or your husband's name

These are just some of the ways that law enforcement catches drug dealers. If they cannot arrest the criminal for possession of drugs, they can get them for tax evasion such as the way Al Capone was finally imprisoned. (No I am not saying that you guys are bad and that you will go to prison, I am merely pointing out that big brother has a way to “eventually� get those that do not file taxes.

Additionally whatever you do, do not over estimate your income just to satisfy the poverty guidelines. If you file taxes there is a potential that you will have to pay a penalty. It may be possible that you already are subject to paying penalty for the previous tax years.

I think if you or your spouse or jointly ever made more than $300 per year you have to file taxes for that year... I have to look that up.

Get your tax situation in order, I suggest seeing a tax attorney. Good luck

CaliforniaBride

I'm trying to be sympathetic to the poor tax evader, honest I am

1Duckie

I over looked this.

Did you come in to this country as a K1 or did you overstay and if so for how long. Your message sounds like you have been married for a long time and are just now thinking of submitting the I-130, and getting ready for the Affidavidt of Support. OR AM WRONG.

ControlFreak

I came in on the VWP and we married before the 90 day period was over. That was back in May.
We intended on filing the AOS paperwork immediatly, but my husband lost his job. So not only could he not meet the Affadavit of Support criteria, we were even having problems finding the money it cost to actually file.
Unfortunately, we were also given some inacurate information regarding the process from the local CFS, which threw us into further confusion.
Thanks again for the help.

Thanks, but I wasn't looking for sympathy - just advice and support.

CF

Hypertweeky

<insert evil smiley here>

CaliforniaBride

Well looks like you got it. Just not from me.

<insert hyper's evil smiley>