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Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 3899
Experience:  Private practice in several areas, including immigration
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I have a question about Fianc� Visa sponsorship's income. I

Customer Question

I have a question about Fianc� Visa sponsorship's income. I just submitted an application last Wednesday. I'm waiting for NOA1. Last year, I made $14,400 and I just started saving up cash last month witn my part time job. I've calculated the money that I will save till the time to show my bank statements, I will probably get the money about $10,000.
Is it possible for me to sponsor my fianc� from Thailand?
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
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Expert:  Judith Ludwic replied 1 year ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

You need 3xs the shortage amount to qualify as a sponsor.

You need $20,025 income per year. You need to show that you have that through taxable income. Is your income through your part-time job taxable income or are you being paid cash as you seem to indicate?


Customer: replied 1 year ago.
I work as server at the restaurants. So for part time job, they only pay me cash. Is cash considered non taxable income?
Expert:  Judith Ludwic replied 1 year ago.

No cash tips must be reported on your tax return and only can be considered if you report them both to your employer who then issues a W2 for them along with the wages they paid you.

So since they are not a set wage and a guaranteed income but only speculation since you have only begun this work this year, it is nearly impossible to convince the consul to issue a visa based on speculated income.

Is your income going to remain the same from your full-time job this year?


One way to get around that would be to file estimated tax payments on those cash earnings. That first quarter estimated payment would have to be made by April 15th. You would need to talk to a tax person to advise you on what amount of estimated tax you need to pay.

Customer: replied 1 year ago.
I will get $14,400 income this year. For reporting cash earnings, I work part-time three different restaurants, do I need the information from those restaurants to file estimated tax payments?
Expert:  Judith Ludwic replied 1 year ago.

You need to talk to a tax person who knows exactly what the way is to pay estimated taxes and what form you need to use to this cash income to each employer.

I must say I applaud your efforts to earn the required income working three part-time jobs to do this.

Your determination is admirable.


Customer: replied 1 year ago.
Thank you very much! I have planned to sponsor my fiance for several years. At first, my brother is supposed to be my joint-sponsor but it turned out his wife didn't want him to be responsible anyone. So, I have to find other ways of sponsoring.
Actually, I don't want to bother anyone. I want to do everything on my own. Everything has changed from my plan, so I am very worried about the sponsorship :(
Expert:  Judith Ludwic replied 1 year ago.

I understand. And this is very difficult for you but you need to have more history with your increased income from the part-time jobs.

So you will need to talk to a tax expert on how to document your cash income from the tips so you can use that income to meet the Affidavit of Support.

I am not a tax expert so I cannot guide you on how to proceed to report that income through your employers and how to document it by paying estimated taxes on that income.

You can go to an H&R Block tax office. They offer very low prices and good tax service and they can help you to document this additional income in April with your quarterly estimated tax and you can use that along with the form you give your employers to report your tips.

They will tell you what form you have to give your employers, too.


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