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Hello dear AOS friends,

i received an rfe regarding my I-864 and re-sending my application plus tax returns and W2.

 

still to this point not exactly sure on what was wrong the first time which makes a bit extra wary. Wanting my father in law to get the irs tax transcript but unfortunately he doesn’t want to which leaves me with the tax return/W2 option.

 

for that, right now I have one sheet with w2s on it. I want to make sure that’s sufficient? Anyone who has sent in W2, is it just one single sheet for self-employed that comes with the 1040? 

 

Just Want to make sure I’m not missing any document.

 

thanks in advance for your help! 

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2 minutes ago, Henrinawrocki said:

Hello dear AOS friends,

i received an rfe regarding my I-864 and re-sending my application plus tax returns and W2.

 

still to this point not exactly sure on what was wrong the first time which makes a bit extra wary. Wanting my father in law to get the irs tax transcript but unfortunately he doesn’t want to which leaves me with the tax return/W2 option.

 

for that, right now I have one sheet with w2s on it. I want to make sure that’s sufficient? Anyone who has sent in W2, is it just one single sheet for self-employed that comes with the 1040? 

 

Just Want to make sure I’m not missing any document.

 

thanks in advance for your help! 

What do you mean by self employed because Self employed infers not being an employee of an entity and therefore not a recipient of a w2.


YMMV

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21 hours ago, payxibka said:

What do you mean by self employed because Self employed infers not being an employee of an entity and therefore not a recipient of a w2.

Hey payxibka,

 

i have one document saying W2 summary - he’s self employed meaning he owns the business and is president. 

 

Just wanting to know what exactly I have to give in on top of the tax return

 

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8 minutes ago, Henrinawrocki said:

Hey payxibka,

 

i have one document saying W2 summary - he’s self employed meaning he owns the business and is president. 

 

Just wanting to know what exactly I have to give in on top of the tax return

 

If I understand correctly, he owns his own company and pays himself a salary, hence W-2. Is that right? There are different ways to "own companies" that range from the company income being your personal income as well (as in, you take the business profits and that's your income now), to owning a company and paying yourself a salary and any excess profits go to either employees as bonuses or back into the company's account. So he is the latter, and is not considered self employed; he's just the president and that's his job. 

 

If this is correct, the return + W2 should be enough, perhaps include the last 2-3 months of pay stubs, but not necessary. 

 

What did you initially include? Just the 1040?


Adjusting from TN to GC as spouse of USC

2015-07-24: TN received at CBP

2015-11-23: TN received at CBP - employer change

2017-06-12: Married

2017-08-15: First child

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-03: NOA1 for I-485, I-130, and I-765

2018-07-24: Biometrics appointment

2018-07-25: Biometrics review completed

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-08-31: Request for additional information for EAD expedite mailed by USCIS

2018-09-07: Request for additional information for EAD expedite received in the mail

2018-09-07: Additional information for EAD expedite faxed to USCIS

2018-09-10: Mailed I-131 to USCIS

2018-09-14: EAD approved

2018-09-18: EAD approval notice received in the mail 

2018-09-18: EAD card was mailed 

2018-09-20: NOA1 for I-131

2018-09-21: EAD and SSN received in the mail

2018-10-11: Case is ready to be scheduled for interview

2018-10-31: Interview is scheduled

2018-11-21: TN expired

2018-12-11: AOS Interview - approved 

2018-12-11: Card is being produced 

2018-12-13: Card was mailed 

2018-12-18: Card received in the mail

------------------

2020-12-11: Conditional green card expires 

 

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27 minutes ago, eckoin said:

If I understand correctly, he owns his own company and pays himself a salary, hence W-2. Is that right? There are different ways to "own companies" that range from the company income being your personal income as well (as in, you take the business profits and that's your income now), to owning a company and paying yourself a salary and any excess profits go to either employees as bonuses or back into the company's account. So he is the latter, and is not considered self employed; he's just the president and that's his job. 

 

If this is correct, the return + W2 should be enough, perhaps include the last 2-3 months of pay stubs, but not necessary. 

 

What did you initially include? Just the 1040?

Thanks eckoin for your input.

 

I think he does own it and pays himself a salary - does that mean in occupation he would not put self employed?

 

Another thing that's now come to my attention. The tax return of 2017 is a joint tax return of him and his wife - Does that mean she has to file an additional I-864A document? 

 

Initially I sent the 1040 tax return also with the W2 sheet, that's why I was so surprised that I got a RFE. DO you think it might have been sent back either because the tax return wasn't signed by him and his spouse and because an I-864A document wasn't filed?

 

When I got the RFE, they didn't give me specific information & just said that it was either missing documents or missing signature. I just want to make sure that when I send it off now it's not going to cause any complications.

 

Thanks for any help in advance!

 

Henri

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1 minute ago, Henrinawrocki said:

I think he does own it and pays himself a salary - does that mean in occupation he would not put self employed?

Correct. If the above is true then he is not self-employed. He is an employee of a business that he runs. He would list his job title at that employer (CEO? President? I'm just speculating here).

 

1 minute ago, Henrinawrocki said:

Another thing that's now come to my attention. The tax return of 2017 is a joint tax return of him and his wife - Does that mean she has to file an additional I-864A document?

It is recommended to do so. It is not required by law, but is often requested by the CO.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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10 minutes ago, Henrinawrocki said:

Thanks eckoin for your input.

 

I think he does own it and pays himself a salary - does that mean in occupation he would not put self employed?

 

Another thing that's now come to my attention. The tax return of 2017 is a joint tax return of him and his wife - Does that mean she has to file an additional I-864A document? 

 

Initially I sent the 1040 tax return also with the W2 sheet, that's why I was so surprised that I got a RFE. DO you think it might have been sent back either because the tax return wasn't signed by him and his spouse and because an I-864A document wasn't filed?

 

When I got the RFE, they didn't give me specific information & just said that it was either missing documents or missing signature. I just want to make sure that when I send it off now it's not going to cause any complications.

 

Thanks for any help in advance!

 

Henri

I'm going to completely defer to @geowrian and perhaps others on the details here.

 

But yes, I agree, he is not self-employed. While he does own the company in some sense, if his company that he started pays him a salary, he doesn't own it in a legal sense. He's just the founder and president, but the company is legally owned by no one; "corporations are people" refers to this scenario. 

 

Is it possible for you to post the picture of the RFE you got, so we can see if we can glean more information? Black out any and all identifying information, but I'm curious about the language and hope we can help. 


Adjusting from TN to GC as spouse of USC

2015-07-24: TN received at CBP

2015-11-23: TN received at CBP - employer change

2017-06-12: Married

2017-08-15: First child

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-03: NOA1 for I-485, I-130, and I-765

2018-07-24: Biometrics appointment

2018-07-25: Biometrics review completed

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-08-31: Request for additional information for EAD expedite mailed by USCIS

2018-09-07: Request for additional information for EAD expedite received in the mail

2018-09-07: Additional information for EAD expedite faxed to USCIS

2018-09-10: Mailed I-131 to USCIS

2018-09-14: EAD approved

2018-09-18: EAD approval notice received in the mail 

2018-09-18: EAD card was mailed 

2018-09-20: NOA1 for I-131

2018-09-21: EAD and SSN received in the mail

2018-10-11: Case is ready to be scheduled for interview

2018-10-31: Interview is scheduled

2018-11-21: TN expired

2018-12-11: AOS Interview - approved 

2018-12-11: Card is being produced 

2018-12-13: Card was mailed 

2018-12-18: Card received in the mail

------------------

2020-12-11: Conditional green card expires 

 

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Posted (edited)
1 hour ago, eckoin said:

If I understand correctly, he owns his own company and pays himself a salary, hence W-2. Is that right? There are different ways to "own companies" that range from the company income being your personal income as well (as in, you take the business profits and that's your income now), to owning a company and paying yourself a salary and any excess profits go to either employees as bonuses or back into the company's account. So he is the latter, and is not considered self employed; he's just the president and that's his job. 

 

If this is correct, the return + W2 should be enough, perhaps include the last 2-3 months of pay stubs, but not necessary. 

 

What did you initially include? Just the 1040?

For Current Individual Income would I put the taxpayers salary on the W2 excluding rental real estate, royalty, partnerships, S corp etc...?

 

I am asking because 60% of his income that makes up the total income on the tax return is from real estate, royalty, partnerships, S corp etc.

 

 

Would be good to know, because when I originally filed we just put similar to the total income as what he was estimating the company would make this year.

Edited by Henrinawrocki

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19 minutes ago, eckoin said:

I'm going to completely defer to @geowrian and perhaps others on the details here.

 

But yes, I agree, he is not self-employed. While he does own the company in some sense, if his company that he started pays him a salary, he doesn't own it in a legal sense. He's just the founder and president, but the company is legally owned by no one; "corporations are people" refers to this scenario. 

 

Is it possible for you to post the picture of the RFE you got, so we can see if we can glean more information? Black out any and all identifying information, but I'm curious about the language and hope we can help. 

Don't know how to black out but here's a copy of the important part:

 

-You have submitted a Form I/864, Affidavit of Support, for the joint sponsor. The I/864 has one of the following deficiencies:

-> not signed by joint sponsor

-> Missing pages

-> I-864 revision paper is no longer valid (I used the most recent one so it wasn't this...)

 

In order to process your application further, you will need to submit:

-A completed and signed Form I/864, Affidavit of Support (revision date 03/06/2018), from the joint sponsor. All pages must be present and of the same revision date

-A copy of the joint sponsors Federal income tax return for the most recent year

-A copy of the joint sponsors supporting tax documents (W2s, 1099s, Form 2555, and tax schedules) that you filed with your federal tax return

-Evidence of the joint sponsor's status as a US citizen, National or Lawful Permanent Resident 

 

Thanks for helping out - Just want to get this right!

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Posted (edited)

I understand not wanting to post personal info online (and Im not recommending you do such). Sometimes with a complicated situation thats hard to explain it can be helpful to use an attny (free or paid consult). 

 

Generally speaking the bottom line is ANYTHING that was used to enter numbers ($$) on the tax return has a supporting paper trail. It can be W2s, 1099s, etc. There are tons of tax documents. W2s are for reported wages, 1099s can be misc income or interest. Heres a link to wiki with what seems like all the possible forms one can get and use to file taxes.

 

If he used a w2 AND a 1099 and a 1120s then USCIS wants all of those just like how you provided the w2. If he filled out a schedule they want that as well. Thats why its so much easier to get a transcript. (probably not now though cause of the shutdown). See if you can figure out his tax return using the wiki and get the additional papers you need by yourself, or show the return and what you have to a local attny or tax preparer for clarification on whats missing .https://en.wikipedia.org/wiki/IRS_tax_forms

Edited by Damara

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11 hours ago, Henrinawrocki said:

Don't know how to black out but here's a copy of the important part:

 

-You have submitted a Form I/864, Affidavit of Support, for the joint sponsor. The I/864 has one of the following deficiencies:

-> not signed by joint sponsor

-> Missing pages

-> I-864 revision paper is no longer valid (I used the most recent one so it wasn't this...)

 

In order to process your application further, you will need to submit:

-A completed and signed Form I/864, Affidavit of Support (revision date 03/06/2018), from the joint sponsor. All pages must be present and of the same revision date

-A copy of the joint sponsors Federal income tax return for the most recent year

-A copy of the joint sponsors supporting tax documents (W2s, 1099s, Form 2555, and tax schedules) that you filed with your federal tax return

-Evidence of the joint sponsor's status as a US citizen, National or Lawful Permanent Resident 

 

Thanks for helping out - Just want to get this right!

I may be wrong, but this sounds like a literal issue with the form (could a page had gone missing? Could he have signed in weird ink?) 

 

I would assume that if the issue was the evidence for I-864, they would just say so. But I suppose it's possible that this is a generic notice they sent and the issue was the tax stuff. 

 

I wonder if it's possible for a tier 2 agent on the USCIS line to provide you with more detail on what is wrong with the application? Imagine you accidentally missed a page and are now collecting dozens of tax forms for no reason... 

 

Definitely would have been nice to just get the IRS transcript but I guess that ship had sailed. 


Adjusting from TN to GC as spouse of USC

2015-07-24: TN received at CBP

2015-11-23: TN received at CBP - employer change

2017-06-12: Married

2017-08-15: First child

2018-06-25: Mailed I-485, I-864, I-130/I-130A, and I-765 to USCIS

2018-07-03: NOA1 for I-485, I-130, and I-765

2018-07-24: Biometrics appointment

2018-07-25: Biometrics review completed

2018-08-28: Expedite request submitted for EAD via USCIS support line

2018-08-31: Request for additional information for EAD expedite mailed by USCIS

2018-09-07: Request for additional information for EAD expedite received in the mail

2018-09-07: Additional information for EAD expedite faxed to USCIS

2018-09-10: Mailed I-131 to USCIS

2018-09-14: EAD approved

2018-09-18: EAD approval notice received in the mail 

2018-09-18: EAD card was mailed 

2018-09-20: NOA1 for I-131

2018-09-21: EAD and SSN received in the mail

2018-10-11: Case is ready to be scheduled for interview

2018-10-31: Interview is scheduled

2018-11-21: TN expired

2018-12-11: AOS Interview - approved 

2018-12-11: Card is being produced 

2018-12-13: Card was mailed 

2018-12-18: Card received in the mail

------------------

2020-12-11: Conditional green card expires 

 

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Sounds like you didnt get his entire tax return including 1099 and all schedules.  Also your MIL, if she makes income, should sign a completed I-864a.  This is best practice. 

Your spouse also sent an I-864 with evidence correct?


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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3 hours ago, eckoin said:

I may be wrong, but this sounds like a literal issue with the form (could a page had gone missing? Could he have signed in weird ink?) 

 

I would assume that if the issue was the evidence for I-864, they would just say so. But I suppose it's possible that this is a generic notice they sent and the issue was the tax stuff. 

  

I wonder if it's possible for a tier 2 agent on the USCIS line to provide you with more detail on what is wrong with the application? Imagine you accidentally missed a page and are now collecting dozens of tax forms for no reason... 

 

Definitely would have been nice to just get the IRS transcript but I guess that ship had sailed. 

Yeah could be an issue with the page. I just want to make sure that everything is complete this time around - I think that given he is self employed he said he doesn't file 1099, so right now the tax return only incorporates a W2 Summary at the end with both wages of him and his wife shown as well as Schedules A, B and D and other things. I think what we are going to do is make copies of everything and send them to his accountant who has sponsored someone in the past and for him to go over this and check everything through.

 

I did talk to a tier 2 agent and they could only give me the very info that was on the RFE, so that was no help. I would just wish that they could have been more specific, because now I am sending this out without fully 100% knowing what was wrong in the first place.

 

Thanks for your help, eckoin, really appreciate it! 

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2 hours ago, NikLR said:

Sounds like you didnt get his entire tax return including 1099 and all schedules.  Also your MIL, if she makes income, should sign a completed I-864a.  This is best practice. 

Your spouse also sent an I-864 with evidence correct?

I gave the very tax return that the accountant gave to my father in law. It didn't have 1099, but my FIL said that they don't have that. 

 

Good point on doing a I-864a for my MIL, going to do that.

 

She sent one in, yes, but the RFE only talks about the joint sponsor so I think they are OK with that one.

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