Misc-1099 and AoS (marriage)

[jane07]

I was married to a US citizen in Jan 2007 but differences started arising a few months later and i was positive it wasnt goign to go anywhere. We did file the I-130, 485,765 etc, but never went for the interview date since our marriage was on the verge of collapse. In order to support myself while I tried to solve differences i started performing "odd jobs" for which I was given a 1099 by the employer.

we finally got divorced in february 2008 and i filed my complete taxes independantly by april 15 2008 for the year 2007 as per the MISC-1099. I recently got remarried to a US citizen and what is bothering me is my 1099 given by employer and its legality while I was a dependant and if it will be questioned by USCIS on my interview. Morover, does my current husband have to somehow include my last years 1099 income while preparing an affidavit of support for the I-130 or is that just based on his income from w-2.

lastly how am I going to be able to provide a joint tax return for last year given that we got married this year


Any response would be greatly appreciated.

Thanks

Jane.

[txh1b]

You have to provide whatever is applicable. When you did odd jobs, if you had a work permit/EAD, you can show that income. Otherwise, that cannot be used for the affidavit of support.

I don't see any issues. You provide the documents that are applicable to you and your current husband and also the divorce information for the ex along with copy of paperwork.

[jane07]

Thanks for the swift reply.

Whats really bothering me is that I didnt recieve my work permit from my first marriage but I had started working as a 1099 contractor to meet expenses while my first marriage was getting disoluted.

I did however file all associated taxes with the 1099-MISC independently.

My only concern is going to the interview for AoS and it popping up on their screen as to how i was working in the country without employment authorisation. Unless ofcourse that is completely an IRS department and has nothing to do with USCIS

Thanks again

[txh1b]

It does not matter now as you are married to a US Citizen. You can declare the unauthorized work but cannot use that as official income on the affidavit.

Did you enter US legally and overstayed your visit?

[jane07]

Well I was still in college in my F-1 Status when I married my ex husband who was my boy friend back then.

I did overstay in the sense while waiting for my petition which was filed but then abandoned it because of differences.

Eventually got an remarried in may 2008 after i got my divorce in febuary 2008.

So i guess I overstayed from February 2008 - may 2008.