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Filed: K-1 Visa Country: Australia
Timeline

For part of 2009 my wife (U.S citizen) worked for her sister as a nanny looking after her 2 children. The job wasn't 'on the books' and she was payed by check each week. My wife however did the right thing and took tax out of that and paid it to the U.S Treasury.

The problem we have is that the relationship between my wife and her sister broke down, and my wife's sister is refusing to issue a 1099 form that is required for the IRS. This puts us in a dilemma as the AOS forms require 2009 tax information that we really can't supply without this form.

I'm wondering if anyone has a solution or options for us so we can go ahead and get the AOS ball rolling. I have 3 weeks before my I-94 expires and i'm getting a little worried about our options.

Thanks alot.

S&J


TIMELINE:

December, 2008 - Started talking on plentyoffish.com

March 25, 2009 - Left Australia to to meet her

March 28, 2009 - Finally met in person!!

April 30, 2009 - Engaged

May 4, 2009 - Returned to Australia

June 26, 2009 - Filed I-129F

July 6, 2009 - NOA1 Received

July 25 - August 12, 2009 - Janet visited Simon is Australia for 2 and a half magical weeks. Met the family and is loved by all of them! :)

September 18, 2009 - NOA2!!!!!

September 28, 2009 - NVC Received

October 1, 2009 - NVC Sent

October 7, 2009 - Consulate Received

October 14, 2009 - Medical

October 17, 2009 - December 8 - Simon visiting Janet in the U.S

December 11, 2009 - Packet 3 sent

December 18, 2009 - Packet 4 received

January 12, 2010 - Interview date

January 14 2010 - Visa Received

January 23 2010 - US Entry

February 7 2010 - Marriage

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For part of 2009 my wife (U.S citizen) worked for her sister as a nanny looking after her 2 children. The job wasn't 'on the books' and she was payed by check each week. My wife however did the right thing and took tax out of that and paid it to the U.S Treasury.

The problem we have is that the relationship between my wife and her sister broke down, and my wife's sister is refusing to issue a 1099 form that is required for the IRS. This puts us in a dilemma as the AOS forms require 2009 tax information that we really can't supply without this form.

I'm wondering if anyone has a solution or options for us so we can go ahead and get the AOS ball rolling. I have 3 weeks before my I-94 expires and i'm getting a little worried about our options.

Thanks alot.

S&J

Call IRS and ask about it?


ROC 2009
Naturalization 2010

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For part of 2009 my wife (U.S citizen) worked for her sister as a nanny looking after her 2 children. The job wasn't 'on the books' and she was payed by check each week. My wife however did the right thing and took tax out of that and paid it to the U.S Treasury.

The problem we have is that the relationship between my wife and her sister broke down, and my wife's sister is refusing to issue a 1099 form that is required for the IRS. This puts us in a dilemma as the AOS forms require 2009 tax information that we really can't supply without this form.

I'm wondering if anyone has a solution or options for us so we can go ahead and get the AOS ball rolling. I have 3 weeks before my I-94 expires and i'm getting a little worried about our options.

Thanks alot.

S&J

You wife can use the prior years 2008,2007 and 2006 to file. Your wife 2009 income tax return is due, on the 15th of April unless she file for an extension until Oct. 15. You guys should file for AOS with the prior three years before the 15th of April. If you cross the deadline then you need the 2009 tax returns.


Jan. 23, 2008- Entered As F-1 Student
Feb. 24, 2010 - Our Wedding!
March 11, 2010 - AOS, EAD, I-130 package sent
March 12, 2010 - Package received 9:26am (Day 1)
March 19, 2010- Text and Email Notification of receipts 12:28pm (Day 7)
March 29, 2010- Biometrics letter received for April 12, 2010 (Day 17)
March 29, 2010- Biometrics done. Walk in-Oklahoma City (Day 17)
April 03, 2010- Received RFE (I-485) (Day 22)
April 06, 2010- USCIS Received response to REF. LUDs (I-485) 4/6/10 and 4/7/10 (day 25)
April 30, 2010- Interview notice received dated 04/27/2010. Appointment date 06/03/2010 (Day 49)
May 06, 2010-- EAD Card production ordered (received text & email) (Day 55)
May 13, 2010-- Second email and text msg for EAD approval and Touched on I-765
May 17, 2010-- AOS and I-130 Touched.
May 24, 2010--Third email and text msg for EAD approval and EAD mailed.
May 27, 2010--EAD card received.
June 03, 2010-- AOS Interview
June 28, 2010---1st Card Production Ordered
July 01, 2010---2nd Card Production Ordered
July 02, 2010---Welcome to USA letter and I-130 Approval Notice Received
July 12, 2010---Green Card Received
Removing of conditions
May 30, 2012--- ROC Package sent
May 31, 2012--- Package received 12:49PM
June 06,2012---- Check cashed
July 11, 2012--- Biometric done
February 27, 2013---Approved. Card Production Ordered.
March 04, 2013---Green Card Received

Naturalization

April 09, 2015---Application Package sent

April 13, 2015---Package received 08:30AM

April 17, 2015---Text and Email Notification of receipts 10:26pm

April 20, 2015---Check cashed

April 23, 2015---NOA received

May 02, 2015- Biometrics letter received for May 13, 2015

July 16, 2015-- N-400 Initial interview date but rescheduled.

Sept.16, 2015- N-400 Interview- passed but requested spouse divorce decree

Sept. 27, 2015- Divorce decree document hand delivered.

Oct 06, 2015 ---N-400 Approved.

Nov 10, 2015-- Oath Ceremony

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Filed: Citizen (apr) Country: Nigeria
Timeline

She will still need 2009 data by interview time or she may get an RFE as they will review it after the deadline. I would send her sister a strongly worded letter by certified or registered mail giving a dead line for the form and quoting the tax law. In that letter state that unless it is received you will be requesting that the IRS give you a copy of the form she was required to submit and that she ( the sister) will have to resolve any issues with the IRS.


This will not be over quickly. You will not enjoy this.

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She will still need 2009 data by interview time or she may get an RFE as they will review it after the deadline. I would send her sister a strongly worded letter by certified or registered mail giving a dead line for the form and quoting the tax law. In that letter state that unless it is received you will be requesting that the IRS give you a copy of the form she was required to submit and that she ( the sister) will have to resolve any issues with the IRS.

It is true she might need the 2009 tax data but considering her husband situation, they need to file for AOS as soon as possible then file for an extension which provides an extra six months to file her return. Within that 6 months they can contact IRS if her sister still refuse to provide the forms.


Jan. 23, 2008- Entered As F-1 Student
Feb. 24, 2010 - Our Wedding!
March 11, 2010 - AOS, EAD, I-130 package sent
March 12, 2010 - Package received 9:26am (Day 1)
March 19, 2010- Text and Email Notification of receipts 12:28pm (Day 7)
March 29, 2010- Biometrics letter received for April 12, 2010 (Day 17)
March 29, 2010- Biometrics done. Walk in-Oklahoma City (Day 17)
April 03, 2010- Received RFE (I-485) (Day 22)
April 06, 2010- USCIS Received response to REF. LUDs (I-485) 4/6/10 and 4/7/10 (day 25)
April 30, 2010- Interview notice received dated 04/27/2010. Appointment date 06/03/2010 (Day 49)
May 06, 2010-- EAD Card production ordered (received text & email) (Day 55)
May 13, 2010-- Second email and text msg for EAD approval and Touched on I-765
May 17, 2010-- AOS and I-130 Touched.
May 24, 2010--Third email and text msg for EAD approval and EAD mailed.
May 27, 2010--EAD card received.
June 03, 2010-- AOS Interview
June 28, 2010---1st Card Production Ordered
July 01, 2010---2nd Card Production Ordered
July 02, 2010---Welcome to USA letter and I-130 Approval Notice Received
July 12, 2010---Green Card Received
Removing of conditions
May 30, 2012--- ROC Package sent
May 31, 2012--- Package received 12:49PM
June 06,2012---- Check cashed
July 11, 2012--- Biometric done
February 27, 2013---Approved. Card Production Ordered.
March 04, 2013---Green Card Received

Naturalization

April 09, 2015---Application Package sent

April 13, 2015---Package received 08:30AM

April 17, 2015---Text and Email Notification of receipts 10:26pm

April 20, 2015---Check cashed

April 23, 2015---NOA received

May 02, 2015- Biometrics letter received for May 13, 2015

July 16, 2015-- N-400 Initial interview date but rescheduled.

Sept.16, 2015- N-400 Interview- passed but requested spouse divorce decree

Sept. 27, 2015- Divorce decree document hand delivered.

Oct 06, 2015 ---N-400 Approved.

Nov 10, 2015-- Oath Ceremony

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Filed: Citizen (apr) Country: Morocco
Timeline

For part of 2009 my wife (U.S citizen) worked for her sister as a nanny looking after her 2 children. The job wasn't 'on the books' and she was payed by check each week. My wife however did the right thing and took tax out of that and paid it to the U.S Treasury.

The problem we have is that the relationship between my wife and her sister broke down, and my wife's sister is refusing to issue a 1099 form that is required for the IRS. This puts us in a dilemma as the AOS forms require 2009 tax information that we really can't supply without this form.

I'm wondering if anyone has a solution or options for us so we can go ahead and get the AOS ball rolling. I have 3 weeks before my I-94 expires and i'm getting a little worried about our options.

Thanks alot.

S&J

I would submit an inquiry to the IRS. You may also want to have a consultation with an attorney to discuss her options. She can file her 2009 taxes without her sister submitting the 1099 but if the sister doesn't have an EIN number, I'm not entirely sure how the IRS would be able to do much since she's not an employer per se... then again I only say that because I'm not too knowledgeable when you get right down to it..

Do not worry about the 2009 taxes for your AOS though. Chances are that you may end up WITHOUT an interview, as we did. If that happens, you won't need to worry about it at all. If you do have an interview and they ask about it, you will just have to explain your situation and the efforts you've taken to get the issue resolved. I would file for AOS before the April 15th tax deadline if at all possible. If you can't, you can always submit a written explanation with your AOS submission regarding the 2009 tax situation. We had to submit an explanation as to why I did not file at all in '06 and '07...and in '08, my income was quite low...But it all worked out in the end...

Best of luck.:thumbs:


We met in October 2007 and our immigration journey started in July 2008 when we filed for the I-129F Fiance Visa petition. 

~05/16/2009~ MARRIED!!!!

~08/31/2011~ OUR SON WAS BORN!!!!

~02/17/2012~ Mailed I-751 Petition to Remove Conditions of Residency to Vermont Service Center

~03/19/2012~ ASC Biometrics Appointment

~11/05/2012~ Production of 10-year GC ordered

~7/1/2014~ Our son's first trip to Morocco

~03/17/2018~ Filed N-400

~04/09/2018~ Biometrics

~6/13/2018~ Off to Morocco, my parents in tow!

~10/23/2018~ Interview, approved

~11/7/2018~ Oath Ceremony

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Filed: Other Timeline

Although the "employer" has to issue the 1099, it is VERY COMMON for them not to file it. In fact, I've been reporting 1099 income for years without having received one. The 1099 is for subcontractors, so it is reported on the tax form as income.

The only problem is if it happens the other way around.

The employer (for lack of a better term) issues a 1099 and sends the copy to the IRS and YOU do not report that income. But if you report income you received, yet have not received the actual form, means n-o-t-h-i-n-g.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Filed: Citizen (apr) Country: Jamaica
Timeline

Or u could have her submit Tax Transcripts instead...

"You must provide either an IRS transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopiesof your Federal individual income tax returns for the threemost recent years."

"If you provide a photocopy of your tax return(s), you must include a copy of each and every Form W-2 and Form 1099 that relates to your return(s). Do not include copies of these Forms if you provide an IRS transcript of your return(s) rather than a photocopy."

http://www.uscis.gov/files/form/I-864.pdf


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01/06/10 - Got Married

AOS from F-1 visa (2 months 2 1/2 weeks or 82 days)

04/14/10 - Sent AOS Package

04/26/10 - Hardcopy NOAs Received

05/16/10 - Biometrics letter

05/19/12 - Successful Walk-in Biometrics in Dover DE

07/07/10 - Interview Appointment in Philly- July 7 @ 11:05 am APPROVED

07/19/10 - 2 YEAR Green Card received

Removal of Conditions (9 months 1 1/2 weeks or 285 days)

04/08/12 - Eligibility date

04/19/12 - Sent ROC Package

04/26/12 - Hardcopy NOAs Received

05/17/10 - Biometrics letter

05/24/12 - Successful Walk-in Biometrics in Dover DE

01/25/13 - APPROVED- ROC card production ordered

02/05/13 - 10 YEAR Green Card received

Naturalization (5 months 2 days or 155 days)

04/15/13 - Eligibility date

06/07/13 - Sent Package

06/20/13 - Hardcopy NOAs Received

06/27/12 - Successful Walk-in Biometrics in Dover DE

07/05/13 - Interview letter sent/In-line notification

08/14/13 - Interview scheduled in Philly @ 1:30 pm APPROVED

11/07/13 - Oath Ceremony

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