RFE for w2s

[beejay 123]

I got an RFE for my (I am the USC) w2's for 2007. I had sent a copy of my tax returns for 2007 in our AOS packet but did not include w2s as I worked and lived overseas and didn't receive w2's.

We do have a joint sponsor and they also want a copy of her w2's (not a problem because she actually has them).

I just don't know what to do about mine. It would show on my tax returns that all of my income was earned overseas and therefor would not have w2's... or am I assuming too much? I have a letter of employment and pay slips for all of 2007 but why would they want that as I had to quit that job when we moved to the U.S. ? I am confused.

Any one have any ideas or been through a similar problem?

Thanks for any help anyone can offer.

[rebeccajo 14]

Answer the RFE by attaching a letter pointing out that all your income was earned overseas (as evidenced by the foreign earned income schedule in your 1040) and as such your foreign employer didn't issue W2's.

Of course, your co-sponsor will need to submit theirs.

[beejay 123]

Answer the RFE by attaching a letter pointing out that all your income was earned overseas (as evidenced by the foreign earned income schedule in your 1040) and as such your foreign employer didn't issue W2's.

Of course, your co-sponsor will need to submit theirs.

It's common sense but I freaked out a little bit, I appreciate your response.

thanks

[motu 6]

Many foreign countries have an equivalent form - like W-2 - that shows income earned in that country - do you have one? Can you get one from your employer? I had W-2s type of document from my income in India and have seen W-2s type documents from a firm in Korea. There might be that countries' equivalent - try and get it. If you were a contractor then maybe get a statement of income - equivalent to our 1099. Good Luck

[beejay 123]

Many foreign countries have an equivalent form - like W-2 - that shows income earned in that country - do you have one? Can you get one from your employer? I had W-2s type of document from my income in India and have seen W-2s type documents from a firm in Korea. There might be that countries' equivalent - try and get it. If you were a contractor then maybe get a statement of income - equivalent to our 1099. Good Luck

I have a letter on school/business letterhead stating that I was employed there and a break down of my salary for the entire year of 2007. It also states the approximate dollar equivalent of my salary. It is signed by the "superintendent" of the school. This is the form I used to file my taxes here in the U.S. I think this would be the thing closest to W2s that I have.

thanks!

[beejay 123]

*bump*

I'm bumping this thread because I just got another RFE in the mail. I sent back the first one with another copy of my 'foreign income earned' page from my tax returns and the salary 'letter' for 2007 from my employer.

The RFE I got today is again for my W2s. I don't know how to give them what I don't have. I'm going to contact the school where I worked and see if they can get me a letter stating they don't issue W2s. I also wrote my tax lady to see if she had any ideas.

But even if I have a letter saying my employer didn't issue w2s how do I know they won't send the RFE again?

again any help would be greatly appreciated as I am.....

......out of ideas......

[beejay 123]

I'm updating this thread in case anyone ever has a similar situation. I just sent off the 2nd RFE today so I don't know if all questions all cleared up yet or not. I did call the 800 number but was told to just send the same information again. I ignored that.

What I finally sent was:

- a letter from my foreign employer stating that they do not issue w2s.

- a print out from a government website stating that they did not have income tax in the country where I lived.

- a letter from my accountant citing IRS tax code sec. 6051; reg 31.6051-1 and IRS rev. Rul. 92-106 which states that my foreign employer was not required to issue w2 forms.

We'll see what happens.

[sweetpiano 0]

Beejay, please keep us posted, I am very interested. I also got an RFE for W-2's when income was earned abroad and sent back the foreign equivalents of W-2's. I hope they'll accept that and not RFE us again for W-2 that do not exist.

[motu 6]

There is another way - you can create your own W-2. Its called a substitute W-2 and the IRS has a form 4852 to do this (you fill it out with the best info you have and attach an explanation of why you can't get a W-2) http://www.irs.gov/pub/irs-pdf/f4852.pdf

I am almost sure that this would work (seems the person is not reading your explanation but if they see this form they might be Ok with it). Good Luck

[beejay 123]

I just got a letter from USCIS saying that our case had been transferred to CSC. So they must have accepted our documents.

Good luck sweetpiano. I hope you don't have the same problem.

[sweetpiano 0]

I just got a letter from USCIS saying that our case had been transferred to CSC. So they must have accepted our documents.

Good luck sweetpiano. I hope you don't have the same problem.

Thanks a lot Beejay for the update. Great to hear it was accepted and best of luck with the rest of the process.

There is another way - you can create your own W-2. Its called a substitute W-2 and the IRS has a form 4852 to do this (you fill it out with the best info you have and attach an explanation of why you can't get a W-2) http://www.irs.gov/pub/irs-pdf/f4852.pdf

I am almost sure that this would work (seems the person is not reading your explanation but if they see this form they might be Ok with it). Good Luck

Thanks Motu for this, it's good to know and will use in case of another RFE.