W2 Requirement for AOS

[pshukla]

Dear All,

I am a US permanent resident. I had sponsored my wife's green card few years back and just finished the filing of DS-260 and Affidavit of Support, with the necessary documents. After which, she was hoping to appear for an interview at the US Embassy in India and get an immigration visa stamped to come to the US.

We were expecting to get an interview data, but instead the National Visa Center has asked for an American W2 Form as proof of income. I had been living and working in Canada at the time of the filing so I do NOT have W2 but rather T4s (the Canadian equivalent). I had told my lawyer all along that I will NOT have any American income as I am working abroad. However, I will have US tax forms and, as desired, I will be back in the US before she appears for an interview--which I am now.

I did not think that not having a W2 would be an issue at all. I met the minimum income requirement while filing taxes and am working now in the US. I am considering all options of course, such as current employment letter stubs, IRS tax receipts, joint sponsorship etc. But just need some additional advice. Should I seek a different attorney? I would be grateful if you could share based on your expertise and experience.

Thanks!

[Jot18]

NVC does check W2's. I think you can send them IRS transcript instead of W2. you can print that online from irs website.

[inadmissible]

An IRS tax transcript is the easiest way to satisfy the requirement for I-864 supporting documents

[rayb]

Your sponsorship income must be "U.S. based" and many reviewers at NVC, as well as consulate posts, assume that W2's (and 1099-MISC forms) are a credible proof of U.S. origin income.

If you did file U.S. tax returns while working abroad, transcripts will reflect worldwide income, but I suspect your Canadian income was not reported on a U.S. tax return, and won't be available on an IRS transcript.

Your "Plan B," therefore, must be a U.S. employment verification letter, a few months of U.S. pay stubs, and an explanation for your having reestablished a domicile and employment in the U.S.

--Ray B

Dear All,

I am a US permanent resident. I had sponsored my wife's green card few years back and just finished the filing of DS-260 and Affidavit of Support, with the necessary documents. After which, she was hoping to appear for an interview at the US Embassy in India and get an immigration visa stamped to come to the US.

We were expecting to get an interview data, but instead the National Visa Center has asked for an American W2 Form as proof of income. I had been living and working in Canada at the time of the filing so I do NOT have W2 but rather T4s (the Canadian equivalent). I had told my lawyer all along that I will NOT have any American income as I am working abroad. However, I will have US tax forms and, as desired, I will be back in the US before she appears for an interview--which I am now.

I did not think that not having a W2 would be an issue at all. I met the minimum income requirement while filing taxes and am working now in the US. I am considering all options of course, such as current employment letter stubs, IRS tax receipts, joint sponsorship etc. But just need some additional advice. Should I seek a different attorney? I would be grateful if you could share based on your expertise and experience.

Thanks!

[pshukla]

Thank you all for your replies. I sincerely appreciate it!

So first things first, I will get an IRS receipt.

Ray B, I did report my Canadian income on my US Tax Return as it was a good chunk of my worldwide income. I understand your plan B. I will have pay stubs soon. Is an employment verification letter different from an offer letter? You mean an additional letter from the employer stating that I am currently working there? Would bank statements, investments etc. help?

Also a follow up question: Could this situation have been avoided? My attorney did not warn me at all about this and I am not pleased at this point. I could have delayed the I-864 and DS-260 until I was already working in the US if she had. She had multiple errors, which I corrected, in DS-260 as well. As a result, I am not really happy with the service I am getting. Can I switch to a different attorney? Will switching to a different attorney raise questions?

Thanks a bunch,

-PS.

[rayb]

Pshukla,

By "Employment verification letter," any credible proof of current employment, whether a letter on company letterhead, contract, job offer, or even recent pay stubs, might suffice.

Attorneys are human, too, and any package of any significant complexity and size is likely to have some errors. Having an attorney do your DS-260 was not a good idea, as there is too much room on that form for errors by even the principal.

But if your attorney did not alert you to the need for original, certified documents at your actual interview, she just wasn't focused enough to earn the money you paid her.

You can switch attorneys any time, but get all your documents and correspondence from USCIS and NVC back from her. Withholding documents is a common ploy with many mediocre attorneys.

--Ray B

Thank you all for your replies. I sincerely appreciate it!

So first things first, I will get an IRS receipt.

Ray B, I did report my Canadian income on my US Tax Return as it was a good chunk of my worldwide income. I understand your plan B. I will have pay stubs soon. Is an employment verification letter different from an offer letter? You mean an additional letter from the employer stating that I am currently working there? Would bank statements, investments etc. help?

Also a follow up question: Could this situation have been avoided? My attorney did not warn me at all about this and I am not pleased at this point. I could have delayed the I-864 and DS-260 until I was already working in the US if she had. She had multiple errors, which I corrected, in DS-260 as well. As a result, I am not really happy with the service I am getting. Can I switch to a different attorney? Will switching to a different attorney raise questions?

Thanks a bunch,

-PS.