Hi,

I am an international college student on F1 status. I own a website and I receive commissions for advertisements on my website.
I received 1099-MISC with income in Box 7 (nonemployee compensation). The income is small, only about 8 hundred dollars.

When I asked my school advisor how I should file tax, she told me that it is illegal for me to work and that my F1 status will be terminated if I am found out.

I have 2 questions
1) Will I really get into trouble, since I am not really working?
2) Do I need to file tax, since the amount I earned is less than what I spent to build my website?

Thanks for all help
Dave

Hello,
I was the vice president of the international student council, and very much involved with immigration and visa status.
To answer you question... YES you will be in trouble. Actually you are in trouble already. Usually the Immigration services does not cross match information with any other department, like the Treasury Dept. But these things could change, and they might have by now.
You should know to trust the international center, and to listen to them. They are there for you. Sometimes they might not be the most helpful people out there, but they know what they are talking about.
Your first action should be to get rid of your involvement with this website. Unfortunately the rule says that you can not PROFIT, or make any money outside your 20 hours, legal University job. (you probably know that as a full time student you can work 20 hours per week, and during your vacation semester you can work 40 hours per week, unless you already work for your department - TA/RA - and you get a stipend from your them)
If you want to make money, find a job at the university. Unfortunately you have "signed" an agreement with the Immigration services saying that you would not need to work while here (that is why you had to prove with a supporting letter that you could pay for school and board). And by working outside the university you are going against your agreement.
About filing your taxes, I am not sure if you should. But if the International center told you not to, then believe them and just forget about it. You can actually be extradited because of it.
I know it seems a bit too drastic, but you know that sometimes some pay the high price simply to serve as an example to others.
And if you have made "enemies" at the international center, since they have no reason to keep you here, they might actually contact the immigration to report you.
Be aware of what you can and can not do. The main rules are simple, and if you are not sure of them, make sure to stop by the international center and ask them.
I hope I could help.

Hi,

Thanks anamarron for your reply.

My advisor told me the same thing as you. She told me to get rid of my involvement with the website which I already did.
She also told me to file taxes since it is better to make only 1 mistake instead of 2. She say that it is unlikely that immigration will cross match with IRS but she does not know because she has never encountered such a case like me before.

Have you encountered a case like this before?

And how long ago were you the vice chair of the student international council? I hope it is not too long ago since I hope that the immigration and IRS do not cross match.

I hope you can give me further advise if you have.

Thanks for all your help!

Dave

I was an international student too, but very much involved with the problems that we face in a foreign country.
I was there until last year.
And to be honest, it is impossible to tell you how the system works, and if they do cross match the information or not. They might do it and not care, or they might not. But no one would be able to answer that.
I have actually met a person that was here on a tourist visa, working and paying taxes (since he was able to get a Social Security card at the time).
He never got caught, but I kept my distance, because I wanted nothing to do with illegal immigrants.
If you are here for a reason, if you have a purpose, which I believe is to get a degree, just make sure you respect the American Laws, and you will have no problems.
Once again, stay in touch with the International Center... they have all the latest news about immigration, and they will always try to make sure things are going smoothly for you.
Just remember, I am no expert... I have just gone through a lot as an international student.

Hi anamarron,

Thanks for your help. Your frank and sincere replies have given me a lot of valuable information. :)

You are welcome... and Good Luck on your studies!

I do not necessarily agree with Anamarron.

The website work could have been done from anywhere in the world. It is NOT work that is specific to the U.S. If the INS attempted to use that income as the basis for revoking the F-1 visa, I would argue that the income, though from a U.S.-based company, is international in nature.