NVC is asking for W-2 but we don't have it

[uluslarci 2]

Hello all,

 

We submitted all our documents to the Ceac's website. My wife, who is the US citizen and petitioner, has been working abroad in my country so she does not have W-2. However, we still have filed our taxes jointly because I had some income from the US - research fellowships so I did not need to be in the US but I used them to conduct research abroad. We actually submitted W-2 for my income but NVC is asking for my wife's W-2 that she does not have. We've been calling them but no chance to reach out someone yet. Is there anyone who has an idea about what to do? 

 

Should we just write a letter explaining the situation and upload it? Is my wife supposed to submit something official about her foreign income? She does not have W-2s but she has paystubs for her foreign income so that's what she can upload if it is necessary.

 

Thank you so much

Edited May 22, 2019 by uluslarci

[osamaadil29 1]

From someone who went through ceac processing recently. Did you supply IRS transcripts? 

[pushbrk 12,216]

44 minutes ago, uluslarci said:

Hello all,

 

We submitted all our documents to the Ceac's website. My wife, who is the US citizen and petitioner, has been working abroad in my country so she does not have W-2. However, we still have filed our taxes jointly because I had some income from the US - research fellowships so I did not need to be in the US but I used them to conduct research abroad. We actually submitted W-2 for my income but NVC is asking for my wife's W-2 that she does not have. We've been calling them but no chance to reach out someone yet. Is there anyone who has an idea about what to do? 

 

Should we just write a letter explaining the situation and upload it? Is my wife supposed to submit something official about her foreign income? She does not have W-2s but she has paystubs for her foreign income so that's what she can upload if it is necessary.

 

Thank you so much

Unless her income will continue from the same source after she returns to the US, she should have stated her current income as zero.  If she did not, and she said she was employed, that would be why they want to see the W2.  If that's the case, you need to submit a correctly executed I-864, and if applicable, joint sponsor affidavit and supporting documents.

 

What is the exact wording of the request, in context?

 

[uluslarci 2]

Here is the exact wording:

 

Case FE Review: Please submit every Form W-2 on "my father-in-law"s submitted tax transcript or tax return.

 

Need document: Additional support documentation is required. Please submit every Form W-2 on "my wife's" submitted tax transcript or tax return.

 

 

Transcripts are not ready for the recent year. Plus, the IRS has a problem with foreign addresses. So, for now, it is not an option.

 

Just to clarify: My wife has foreign income. I am with her in my home country. I had US income - fellowship. She did not have any US income. We filed our taxes jointly (1040), and she submitted the form 255 for the US citizens who have foreign income.

 

In I-864, she said zero for her income but she said she is employed for the first question of Part 6 because she is employed abroad. She also said "yes" for 23.a in part 6 because she filed federal income tax.

 

The problem is that we filed jointly but actually I made this money from the US source, not her. Is that confusing part? We were just trying to be straightforward and honest with all the information we give.

 

Another problem is that her dad -retired so no W-2- is being the joint sponsor but apparently his federal income tax return includes his wife's income too. So,

 

If we upload her dad's wife's W-2 and also write a letter explaning my wife's situation and why there is no W-2 on behalf of her, would this solve the problem?

 

Please let me know if there is something that I need to clarify more.

Thank you.

 

[uluslarci 2]

18 hours ago, pushbrk said:

Unless her income will continue from the same source after she returns to the US, she should have stated her current income as zero.  If she did not, and she said she was employed, that would be why they want to see the W2.  If that's the case, you need to submit a correctly executed I-864, and if applicable, joint sponsor affidavit and supporting documents.

 

What is the exact wording of the request, in context?

 

I said the form 255 but it should be the form 2555 -  Foreign Earned Income. I just wanted to correct my previous post.

[pushbrk 12,216]

16 hours ago, uluslarci said:

Here is the exact wording:

 

Case FE Review: Please submit every Form W-2 on "my father-in-law"s submitted tax transcript or tax return.

 

Need document: Additional support documentation is required. Please submit every Form W-2 on "my wife's" submitted tax transcript or tax return.

 

 

Transcripts are not ready for the recent year. Plus, the IRS has a problem with foreign addresses. So, for now, it is not an option.

 

Just to clarify: My wife has foreign income. I am with her in my home country. I had US income - fellowship. She did not have any US income. We filed our taxes jointly (1040), and she submitted the form 255 for the US citizens who have foreign income.

 

In I-864, she said zero for her income but she said she is employed for the first question of Part 6 because she is employed abroad. She also said "yes" for 23.a in part 6 because she filed federal income tax.

 

The problem is that we filed jointly but actually I made this money from the US source, not her. Is that confusing part? We were just trying to be straightforward and honest with all the information we give.

 

Another problem is that her dad -retired so no W-2- is being the joint sponsor but apparently his federal income tax return includes his wife's income too. So,

 

If we upload her dad's wife's W-2 and also write a letter explaning my wife's situation and why there is no W-2 on behalf of her, would this solve the problem?

 

Please let me know if there is something that I need to clarify more.

Thank you.

 

Should also include I-864a from joint sponsor's spouse.  NVC might do without it but the Consular Officer will probably request it, causing delay.  Otherwise,  call NVC to straighten it out.

[uluslarci 2]

29 minutes ago, pushbrk said:

Should also include I-864a from joint sponsor's spouse.  NVC might do without it but the Consular Officer will probably request it, causing delay.  Otherwise,  call NVC to straighten it out.

We keep calling NVC but it just hangs up. I am really curious about how people have been able to reach someone out through the phone.

 

I really appreciate your help. I've two more questions:

 

1. And do you think it is enough if we submit a letter explaining that I was the one who got the money from the US source, and that's why my wife does not have W-2? 

 

2. But my joint sponsor's (my father-in-law) income is enough to be my sponsor, that's why only he filed I-864a by stating only his income in the form. He counted his spouse as a household member. Why do we need to add another I-864a for his wife? Doesn't the officer seem to ask all W-2 related to my father-in-law because probably s/he saw more money in the tax return forms, which was confusing? I mean, after all, my in-laws, file their taxes jointly so it is inevitable to have both incomes in the tax return documents. So I thought adding his wife's W-2 would be sufficient. I am just asking because I am trying to make sure we are not doing something wrong.

[pushbrk 12,216]

14 hours ago, uluslarci said:

We keep calling NVC but it just hangs up. I am really curious about how people have been able to reach someone out through the phone.

 

I really appreciate your help. I've two more questions:

 

1. And do you think it is enough if we submit a letter explaining that I was the one who got the money from the US source, and that's why my wife does not have W-2? 

 

2. But my joint sponsor's (my father-in-law) income is enough to be my sponsor, that's why only he filed I-864a by stating only his income in the form. He counted his spouse as a household member. Why do we need to add another I-864a for his wife? Doesn't the officer seem to ask all W-2 related to my father-in-law because probably s/he saw more money in the tax return forms, which was confusing? I mean, after all, my in-laws, file their taxes jointly so it is inevitable to have both incomes in the tax return documents. So I thought adding his wife's W-2 would be sufficient. I am just asking because I am trying to make sure we are not doing something wrong.

You'll dismiss the W2 issues for your wife with an explanation.

 

You need it because they are going to ask for it. No other answer as to why, is relevant.  It's the best practice in order to avoid delays.  Hopefully, dad submitted an I-864 not I-864a.  You can take mom's I-864a to the interview or submit it now.  You are doing something wrong.  Do as I advised, or expect delay while you do it later.

[uluslarci 2]

10 hours ago, pushbrk said:

You'll dismiss the W2 issues for your wife with an explanation.

 

You need it because they are going to ask for it. No other answer as to why, is relevant.  It's the best practice in order to avoid delays.  Hopefully, dad submitted an I-864 not I-864a.  You can take mom's I-864a to the interview or submit it now.  You are doing something wrong.  Do as I advised, or expect delay while you do it later.

Yes, dad submitted I-864, not I-864a. It is my bad that I said I-864a in my previous post. 

 

Thank you again for your time and help.

 

I  am asking it because I think each case has its own situation. And, that's why I am trying to stick to the instructions religiously. 

 

So, again over and over, I looked at the instructions regarding when to file an I-864A. In our situation, I do not see any reason to fill it out, because dad uses only his income. Do you say that mom needs to fill I864-A out because they file taxes jointly? Would not the officer add this to her/his comments then? 

 

My point here is not to refrain from submitting I-864A but I do not want to create a conflicting situation that will confuse the officer more, which can cause another delay. Dad does not use a combined income to sponsor. In the instructions I share below, I do not see any reason to submit it. But what you say is based on tons of experience, I assume. So actually am I supposed to disregard the instructions? Or do I misinterpret them? Would you mind showing me where it says that a household member who is not a joint sponsor needs to submit I864A in case I miss it?

 

 

- Item Number 7. This question gives you the option of including certain other non-dependent relatives who are living in your residence as part of your household size. Such relatives may include your mother, father, sister, brother or adult children, if they are living in your residence. However, the only reason to include these relatives in your household size is if you need to include their income when you calculate your household income for purposes of meeting the income requirement for this affidavit. To be considered, any relative included in this category must sign and submit Form I-864A, Contract Between Sponsor and Household Member. (Dad did not include mom in his household size in this section, because he meets the income requirement.)

 

- Item Numbers 8. - 22. Current Annual Household Income. This section is used to determine the sponsor’s household income. If your individual annual income listed in Item Number 7. is greater than 125 percent (or 100 percent if you are on active duty in the U.S. Armed Forces or U.S. Coast Guard and sponsoring your spouse or child) of the Federal Poverty Guidelines for your household size from Part 5., Item Number 8., you do not need to include any other household member’s income. See Form I-864P for information on the Federal Poverty Guidelines. (Dad did not include mom's income because his income is greater than 125 percent of the Federal Poverty Guidelines.)

 

- To determine the filing requirements for your relatives included in Part 6., Item Numbers 8. - 19., follow the instructions below. 1. If you included the income of your spouse listed in Part 5., Item Number 3., any child listed in Part 5., Item Number 4., any dependent listed in Part 5., Item Number 5., or any siblings, parents, or adult children listed in Part 5., Item Number 7., each one of these individuals must be over 18 years of age and must complete Form I-864A. (Dad did not include any other people's income)

 

- How Can My Relatives and Dependents Help Me Meet the Income Requirements? 

 

You may use the income of your spouse and/or any other relatives living in your residence if they are willing to be jointly responsible with you for the intending immigrants you are sponsoring. If you have any unrelated dependents listed on your Federal income tax return you may include their income regardless of where they reside. The income of such household members and dependents can be used to help you meet the income requirements if they complete and sign Form I-864A, Contract Between Sponsor and Household Member, and if they are at least 18 years of age when they sign the affidavit. (Again the same, he does not include any other income other than his individual income)

Edited May 24, 2019 by uluslarci

[uluslarci 2]

Oh, I've just noticed that maybe I misled you before. He wrote his wife as a household member in Part 5, Item 3. That's what I meant before.

But he did not add her in item 7 of Part 5. Plus, he only wrote his own income in Part 6, Item 7 as I mentioned in my previous message. Do I make sense? 

 

- Item Number 7. This question gives you the option of including certain other non-dependent relatives who are living in your residence as part of your household size. Such relatives may include your mother, father, sister, brother or adult children, if they are living in your residence. However, the only reason to include these relatives in your household size is if you need to include their income when you calculate your household income for purposes of meeting the income requirement for this affidavit. To be considered, any relative included in this category must sign and submit Form I-864A, Contract Between Sponsor and Household Member. (Dad did not include mom in his household size in this section, because he meets the income requirement.)

[pushbrk 12,216]

To avoid delay.  Get an I-864a from the joint filing spouse of the joint sponsor.  Not going to argue with you.  You will not win an argument with a Consular Officer.  Try reading the anonymous quote in my signature, and realize you don't understand the big picture.  I do, and Consular Officers do.  Your future happiness is in their hands.

 

[uluslarci 2]

5 hours ago, pushbrk said:

To avoid delay.  Get an I-864a from the joint filing spouse of the joint sponsor.  Not going to argue with you.  You will not win an argument with a Consular Officer.  Try reading the anonymous quote in my signature, and realize you don't understand the big picture.  I do, and Consular Officers do.  Your future happiness is in their hands.

 

Ok, I see. So it depends on the experience you have. Fair enough. Thank you. In the meantime, I do not mean to argue with you or someone else. I am just trying to figure out what to do. 

 

But, if I get an I864A and submit it, then does it mean that I will need to change the I-864 which is already accepted by the NVC officer? Should I assume we will need to change the amount of money because now it will be combined income?

[pushbrk 12,216]

4 hours ago, uluslarci said:

Ok, I see. So it depends on the experience you have. Fair enough. Thank you. In the meantime, I do not mean to argue with you or someone else. I am just trying to figure out what to do. 

 

But, if I get an I864A and submit it, then does it mean that I will need to change the I-864 which is already accepted by the NVC officer? Should I assume we will need to change the amount of money because now it will be combined income?

Just have a whole new financial package on hand for the interview.  What NVC accepts and what a Consular Officer accepts are not the same thing, in my/our experience.

 

Why questions seeking justification for doing something you don't want to do or don't agree needs to be done, are something...I...call arguing.  YMMV

[NikLR 13,220]

19 hours ago, uluslarci said:

Ok, I see. So it depends on the experience you have. Fair enough. Thank you. In the meantime, I do not mean to argue with you or someone else. I am just trying to figure out what to do. 

 

But, if I get an I864A and submit it, then does it mean that I will need to change the I-864 which is already accepted by the NVC officer? Should I assume we will need to change the amount of money because now it will be combined income?

The joint sponsor needed to in include the wife period.  They NEED to count their spouse in the household count regardless of income. 

If it's accepted currently by thr NVC then fix and bring corrected item to interview vs wasting your time more at NVC. 

[pushbrk 12,216]

10 hours ago, NikLR said:

The joint sponsor needed to in include the wife period.  They NEED to count their spouse in the household count regardless of income. 

If it's accepted currently by thr NVC then fix and bring corrected item to interview vs wasting your time more at NVC. 

Not sure if she was counted in the household count or not.  That wasn't mentioned.  I think he is talking about adding the I-864a which would require a correctly redone I-864 anyway.

 

Although the I-864 instructions are excellent, they are written from the perspective of USCIS.  In a visa case, USCIS is not the government entity making the public charge decision.  Our advice here about visa cases is from experience with the Dept. of State and Consular Officers.  What they did, if done correctly, may well have satisfied USCIS if it were an adjustment of status case but my advice wouldn't change either way.