No W-2 or 1099

[abcdefg]

Hello community. I apologize if this question has already been asked. I am in the process of preparing all the materials for my husband's interview in Guangzhou. On the I-864 form, it says that I must have a copy of my W-2 and/or 1099. My husband and I both live and work in China. I have tax returns for the past three years, but i only have 1040s since I've been living and working in China. Is it okay to go to the interview with only my 1040s? I see there is a Form 4852 to substitute for W-2. Should I fill this out? I don't see many people talking about from 4852 on forums though... Thanks!!

I should also say that I already have copies of my IRS transcripts, but they only show that I have 1040 forms and nothing else...

Oh yeah I should also say that my parents will be my joint sponsors, and they will have W-2's.

[Randy W]

 

Hello community. I apologize if this question has already been asked. I am in the process of preparing all the materials for my husband's interview in Guangzhou. On the I-864 form, it says that I must have a copy of my W-2 and/or 1099. My husband and I both live and work in China. I have tax returns for the past three years, but i only have 1040s since I've been living and working in China. Is it okay to go to the interview with only my 1040s? I see there is a Form 4852 to substitute for W-2. Should I fill this out? I don't see many people talking about from 4852 on forums though... Thanks!!

I should also say that I already have copies of my IRS transcripts, but they only show that I have 1040 forms and nothing else...

Oh yeah I should also say that my parents will be my joint sponsors, and they will have W-2's.

 

 

I've used the Form 4852 myself when filing taxes - use the Search function to find where I've talked about it (search for 4852).

 

But you've already filed your taxes and have the tax transcripts available. It's your choice - including new Form 4852's would simply provide additional documentation.

[Randy W]

From the I-864 instructions -

 

If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every

Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS

transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return

with your spouse and are qualifying using only your income.

 

 

 

In your case, "each and every" would mean all ZERO of the W-2's and 1099's that you submitted with your tax returns.

[abcdefg]

Okay so I will just submit my 1040's. I guess that'll be okay. Thank you very much!

[abcdefg]

I have another issue. I will be sending my 2013, 2014, and 2015 tax returns. According to my 2015 tax returns, it will look as if my income took a huge blow and I make almost no money. But in reality, my employer gave a part of my salary in cash. When I asked them to put this information on paper, they refused to because they said once it is on paper it would have to be taxed. I told my tax preparer in America about this and paid an amount in taxes to the U.S. Would the people who will be looking at my I-864 find this suspicious?

 

This leads me to the next problem. On the I-864, Part 6 #2, it asks for my current individual annual income. I can calculate an approximation of my income based on how much cash they give me each month and the contracted amount I get. Or I can put an amount based on what is on my 2015 tax return, which is about $1699. How can I answer this question? Also, should I explain this situation somewhere, somehow, or just leave it as is and give my tax returns? My parents will be my joint sponsor by the way...

[Randy W]

I have another issue. I will be sending my 2013, 2014, and 2015 tax returns. According to my 2015 tax returns, it will look as if my income took a huge blow and I make almost no money. But in reality, my employer gave a part of my salary in cash. When I asked them to put this information on paper, they refused to because they said once it is on paper it would have to be taxed. I told my tax preparer in America about this and paid an amount in taxes to the U.S. Would the people who will be looking at my I-864 find this suspicious?

 

This leads me to the next problem. On the I-864, Part 6 #2, it asks for my current individual annual income. I can calculate an approximation of my income based on how much cash they give me each month and the contracted amount I get. Or I can put an amount based on what is on my 2015 tax return, which is about $1699. How can I answer this question? Also, should I explain this situation somewhere, somehow, or just leave it as is and give my tax returns? My parents will be my joint sponsor by the way...

 

 

Claiming income on your I-864 that you did not report to the IRS could be problematic - I rate that as a red flag to the consulate, and recommend that you NOT do that.

 

The employer in question is a Chinese employer, no? You can report the income on an amended return, and use the Foreign Earned Income Exclusion to reduce or eliminate your taxes on it.

 

You may or may not want to go to that trouble for income that may not help your case with the consulate - but, by law, it is supposed to be reported to the IRS.

[dnoblett]

One more note, you are using a joint sponsor because your current and future income at the moment is not sufficient to show ability to support yourself and the intending immigrant, so pretty much whatever you indicate as current income is backed up by the joint sponsor.

 

Current annual (2016) income can be an approximation of what the number will be as of this coming Dec 31 so yes can take your average weekly income and multiply it by 52 and come up with an anticipated figure for this year.

[abcdefg]

Thank you very much for your help on this one. Yes I work for a Chinese employer. I sent an e-mail to my tax preparer in America about this issue and why the cash amount I was given wasn't indicated on my tax return. Maybe I will find another tax preparer to handle this situation. Don't know yet.