F1 + Self Employment = i-485 denial?

[newhandle]

I swear I've searched everywhere but I can't find anything on the subject. I would appreciate it if someone could give me advice on how to approach AOS.

I am the beneficiary of a LPR, currently on F1 status. My PD is current and I'm ready to file my i-485. The only issue is, I've been self-employed for 2 years. It may sound very bad, but my only source of income has been as follows,

1. Buying/selling stuff online under my business name
2. Contract work/1099's- built website templates for clients

I didn't really work for money, nor did I make much. We're talking <$5K each year. My work can thus be categorized as "hobby", but I'm not sure if that helps at all. Also, I operated via my laptop, and only ever "rarely" because I never had too much time in my hands being a full-time student.

On the face of it, I made some income, but I never lied or have been an employee. I didn't know until recently that even working "for fun" could get me big trouble.

My laywer is skeptical about moving forward with AOS, but I don't have much choice. What do you guys suppose I do? Disclose my work in the forms and take a risk, or don't disclose my work and take a risk?

Edit/Update:
"I received online payments via Paypal for buying/selling side of my business.
I have also received 1099's for the webdesign services I provided.

I have not yet filed my tax returns, but I did file sales tax with the State. My tax papers are ready just so you know, but I'm not certain whether I should file them, especially with such a low income."

Thank you.

[dealsnet]

You didn't mentioned, how you are going to file AOS.
Is it employment based? or family based.?
If employment based, please fill your info.


I swear I've searched everywhere but I can't find anything on the subject. I would appreciate it if someone could give me advice on how to approach AOS.

I am the beneficiary of a LPR, currently on F1 status. My PD is current and I'm ready to file my i-485. The only issue is, I've been self-employed for 2 years. It may sound very bad, but my only source of income has been as follows,

1. Buying/selling stuff online under my business name
2. Contract work/1099's- built website templates for clients

I didn't really work for money, nor did I make much. We're talking <$5K each year. My work can thus be categorized as "hobby", but I'm not sure if that helps at all. Also, I operated via my laptop, and only ever "rarely" because I never had too much time in my hands being a full-time student.

On the face of it, I made some income, but I never lied or have been an employee. I didn't know until recently that even working "for fun" could get me big trouble.

My laywer is skeptical about moving forward with AOS, but I don't have much choice. What do you guys suppose I do? Disclose my work in the forms and take a risk, or don't disclose my work and take a risk?

Thank you.

[newhandle]

It's family-based, so I believe the 245(k) act doesn't apply to me. Then again, I didn't really work because buying/selling online takes a few clicks.

[shx]

You didn't mention how you got paid. Cash? Check? Did you get a 1099? Did you file taxes? Does the IRS have a record of your earnings?

[newhandle]

You didn't mention how you got paid. Cash? Check? Did you get a 1099? Did you file taxes? Does the IRS have a record of your earnings?

I received online payments via Paypal for buying/selling side of my business.
I have also received 1099's for the webdesign services I provided.

All in all, my combined income has been <$5K each year.

I have not yet filed my tax returns, but I did file sales tax with the State. My tax papers are ready just so you know, but I'm not certain whether I should file them, especially with such a low income.

[shx]

What I'm going to tell you to do is illegal. So do it at your own risk.

I don't think USCIS is ever going to find out about your income unless you disclose it.

Not filing tax returns is illegal no matter how small the income is. 5k is definitely big enough. I think you should go ahead and file tax returns atleast for 2009, so that you won't get into trouble with the IRS.

This is just my opinion.

[newhandle]

What I'm going to tell you to do is illegal. So do it at your own risk.

I don't think USCIS is ever going to find out about your income unless you disclose it.

Not filing tax returns is illegal no matter how small the income is. 5k is definitely big enough. I think you should go ahead and file tax returns atleast for 2009, so that you won't get into trouble with the IRS.

This is just my opinion.

My SSN and EID is tied to my business. I'm sure CIS has means to find out if they wanted to. Any other suggestions that don't involve lieing?

[number30]

It's family-based, so I believe the 245(k) act doesn't apply to me. Then again, I didn't really work because buying/selling online takes a few clicks.

If it is through your Spouse then do not have to worry? What was period of this of this work? If it is only this year some CPA can do magic

[newhandle]

If it is through your Spouse then do not have to worry? What was period of this of this work? If it is only this year some CPA can do magic

As I mentioned earlier, my case is family-based. I'm in F1 visa status so the 245 provision doesn't apply to me. The period of work is hard to calculate. Since I never actively participated in my own business, I don't recall ever working for more than a few hours each month.

I suppose the question boils down to this: Should I, or shouldn't I disclose my self employment to CIS?

[number30]

As I mentioned earlier, my case is family-based. I'm in F1 visa status so the 245 provision doesn't apply to me. The period of work is hard to calculate. Since I never actively participated in my own business, I don't recall ever working for more than a few hours each month.

I suppose the question boils down to this: Should I, or shouldn't I disclose my self employment to CIS?


Family based might based upon the parents or siblings. That is the reason i asked whether is is spouse? If spouse you are OK. You can disclose the income.

[newhandle]

Family based might based upon the parents or siblings. That is the reason i asked whether is is spouse? If spouse you are OK. You can disclose the income.

LPR (dad) :(

[newhandle]

bump. How should I approach my AOS given my case above?