Hi. I would like to get some help on our situation about Affidavit of Support.

My fiance (US citizen) was injured at work and was on worker's comp last year. His compensation was over the poverty line, but the insurance company is so messed up that he cannot get ahold of anyone via mail, email, or phone and they are not providing him with his W2 form for 2006....
Since February this year, he has been back to work (but with a different company) and already made more than 125% of poverty line.

My fiance has called the IRS and explained his situation, but nothing changed in the situation. My fiance also contacted his accountant, but was told that he cannot file for the last year.

My fiance has kept the paystubs for the compensation he was receiving.

Do you think the paystubs substitute tax return?


I don't want to get rejected at interview after going through all this.....


I would appreciate any advice from you.

Thanks

Now is the time to consult an immigration attorney immediately and you can piece together your workmens comp and then get a year to date on the new job. An attorney willl help you do this. BUt you NEED AN IMMIGRATION ATTORNEY

If no W2 is available and you have made at least 3 attempts to get the W2 from the insurance company then the IRS will allow you to use your paystubs... if the last paystub that you got in Dec 2006 shows the to year amounts then you only need to include that with your 1040... if it only shows the weekly/bi-weekly or monthly amount then you will need to include all of them....

Your local branch of H R Block can help you sort out the problem you are having with your lack of W2's....

I dont see how an immigration lawyer would be able to help sort out the lack of a W2....

Kez

Not clear from your original post if your fiance did or did not file a Tax Return for last Year. If he didnt, he should asap, even if it will be a late return. Once it is filed, then he will have the ITR (or can get transcripts from the IRS) for the Affiv of Support. As Kez mentioned, if your fiance has made good faith efforts to get W2 with no success, there are alternatives acceptable to the IRS. The suggestion of a local H&R Block tax office is a good first, inexpensive step.

What your fiance is looking for is a 1099. Not a W2. Have him dig through his papers and see if Workers Comp issued him a 1099.

Thank you for your replies and advice.

I will ask my fiance for more detail....about what he is able to obtain from the workers' comp company, etc.

Again, thank you very much for your time and advice.

I cannot imagine how an immigration attorney would be needed to assist in filing a tax return. Get the tax return filed and then obtain an IRS transcript for 2006.

As has already been stated, there will be no W2. It would be a 1099. If the amount is known, simply declare it as workman's compensation income and file the tax returns. The IRS already knows the amount from their copy of the 1099.

According to the first page of the I-134, copies of tax returns (or anything related) are required only for self-employed people, and the USC in this thread isn't self-employed. What am I missing here?