military w-2's & K-1 interveiw

[tbaygrrl 2]

I was told to have my fiance's w-2's for the k-1 interview at the consulate. My question is,

he is military and has been deployed a couple times over the last few years, so his pay appears as combat pay in a completely different and obscure area on the w-2's, (as it is tax free earnings)

So when someone looks at them and they see like 7000 gross income where most people enter theirs, they fail to see the that there is an additional large income under combat pay elsewhere on the form and assume he is well under the poverty guidelines even though he earns above it.

How can I explain this or point this out at the consulate?? ( as I know that when we file for AOS this will be an issue too.)

[D_n_M 0]

You would assume that they would look at the entire tax document. If not then when you make the copies use a highlighter to bring the earnings out. They would surely look at the areas that are colored on a black and white document. Just a suggestion.

[Anh map 2,098]

The W2's are there to support the tax return. Be sure to have his complete tax return. The CO would look at the tax return first, and if needed the W2.

[JimVaPhuong 4,863]

I was told to have my fiance's w-2's for the k-1 interview at the consulate. My question is,

he is military and has been deployed a couple times over the last few years, so his pay appears as combat pay in a completely different and obscure area on the w-2's, (as it is tax free earnings)

So when someone looks at them and they see like 7000 gross income where most people enter theirs, they fail to see the that there is an additional large income under combat pay elsewhere on the form and assume he is well under the poverty guidelines even though he earns above it.

How can I explain this or point this out at the consulate?? ( as I know that when we file for AOS this will be an issue too.)

I'm a little confused. His base pay alone should qualify him. Even if he was only an E1 (which I highly doubt, if he's been in the service at least a "few years") he'd make almost $17K just on base pay. Combat pay would be in addition to this (and yes, like most types of military allowances, it's not taxable).

Why does his W2 only say $7K? Is he in the Guard or Reserves?

[tbaygrrl 2]

I was told to have my fiance's w-2's for the k-1 interview at the consulate. My question is,

he is military and has been deployed a couple times over the last few years, so his pay appears as combat pay in a completely different and obscure area on the w-2's, (as it is tax free earnings)

So when someone looks at them and they see like 7000 gross income where most people enter theirs, they fail to see the that there is an additional large income under combat pay elsewhere on the form and assume he is well under the poverty guidelines even though he earns above it.

How can I explain this or point this out at the consulate?? ( as I know that when we file for AOS this will be an issue too.)

I'm a little confused. His base pay alone should qualify him. Even if he was only an E1 (which I highly doubt, if he's been in the service at least a "few years") he'd make almost $17K just on base pay. Combat pay would be in addition to this (and yes, like most types of military allowances, it's not taxable).

Why does his W2 only say $7K? Is he in the Guard or Reserves?

He is working full time in the National Gaurd, for near a decade now and is well above a E1. He has spent the last 3 years deployed , basically back to back. So all of his earnings due to the deployments are near all tax exempt, that is why the w-2's have apx 7000 as gross, cause this was the bit that was over the amount that they exempt. But to a non-military individual, it is hard to see the box with his combat pay, as well with the tax return, the combat pay is listed but also obscure. just want to avoid any confusion when we go to the consulate for the interview.

How can I explain this or what should I bring

Same with his

[JimVaPhuong 4,863]

I was told to have my fiance's w-2's for the k-1 interview at the consulate. My question is,

he is military and has been deployed a couple times over the last few years, so his pay appears as combat pay in a completely different and obscure area on the w-2's, (as it is tax free earnings)

So when someone looks at them and they see like 7000 gross income where most people enter theirs, they fail to see the that there is an additional large income under combat pay elsewhere on the form and assume he is well under the poverty guidelines even though he earns above it.

How can I explain this or point this out at the consulate?? ( as I know that when we file for AOS this will be an issue too.)

I'm a little confused. His base pay alone should qualify him. Even if he was only an E1 (which I highly doubt, if he's been in the service at least a "few years") he'd make almost $17K just on base pay. Combat pay would be in addition to this (and yes, like most types of military allowances, it's not taxable).

Why does his W2 only say $7K? Is he in the Guard or Reserves?

He is working full time in the National Gaurd, for near a decade now and is well above a E1. He has spent the last 3 years deployed , basically back to back. So all of his earnings due to the deployments are near all tax exempt, that is why the w-2's have apx 7000 as gross, cause this was the bit that was over the amount that they exempt. But to a non-military individual, it is hard to see the box with his combat pay, as well with the tax return, the combat pay is listed but also obscure. just want to avoid any confusion when we go to the consulate for the interview.

How can I explain this or what should I bring

Same with his

In addition to the W2, you should probably get a leave and earnings statement from MyPay. That should show his total earnings, and not just his taxable earnings. You can submit that like a civilian employee would submit pay stubs. Your consulate will probably want a copy of his most recent tax return, so it might be a good idea to include a letter from your fiance explaining his total military income, as well as what portions are required to be reported on his tax return. I'm sure the consulate deals with military personnel all the time, so they know that allowances and special duty pay aren't taxed and usually don't have to be reported to the IRS.

[NillandNan 0]

I was told to have my fiance's w-2's for the k-1 interview at the consulate. My question is,

he is military and has been deployed a couple times over the last few years, so his pay appears as combat pay in a completely different and obscure area on the w-2's, (as it is tax free earnings)

So when someone looks at them and they see like 7000 gross income where most people enter theirs, they fail to see the that there is an additional large income under combat pay elsewhere on the form and assume he is well under the poverty guidelines even though he earns above it.

How can I explain this or point this out at the consulate?? ( as I know that when we file for AOS this will be an issue too.)

tbaygrrl-

I am military as well and I am in the same boat, I would not worry too much about this, as most CO's know the military stipulation to 100% instead of 125% and many are versed on how to read a W-2. I understand what you are saying about the income appearing in a different box on the W-2 as other non-taxable, but you should have no problems if you provide his 1040's as primary evidence. I would also provide a couple of his most current LES statements, as they do have a section labeled "Earnings YTD." And as D_n_M said highlighting is also good Idea.

It is not all "combat pay" by the way. It is his regular Base pay, but is is non-taxable in a combat zone... vice the amount being so large in Block 12 on his W-2 with a "Q" code prefix.I would highlight this and the Q code on the reverse of the W-2...

Nill

[Gary and Alla 3,694]

I was told to have my fiance's w-2's for the k-1 interview at the consulate. My question is,

he is military and has been deployed a couple times over the last few years, so his pay appears as combat pay in a completely different and obscure area on the w-2's, (as it is tax free earnings)

So when someone looks at them and they see like 7000 gross income where most people enter theirs, they fail to see the that there is an additional large income under combat pay elsewhere on the form and assume he is well under the poverty guidelines even though he earns above it.

How can I explain this or point this out at the consulate?? ( as I know that when we file for AOS this will be an issue too.)

You are confusing "income" with "taxable income" There are many forms of non-taxable income which are not listed on the tax return. State his income on the I-134 as the total of his taxable and non-taxable income. Attach a sheet describing the sources of income and the w-2s or whatever documentation he has. This is no different than someone with child support or workman's comp, also "not taxable" income. Simply state it and attach documentation. No problem.

[F & J 21]

My husband's 2008 income tax return also showed only $7K as adjusted gross income but when you look at his W-2 his actual annual income for 2008 was almost $40K - it was listed in Box 12 with Code Q (which means it's non-taxable combat pay). He just wrote his actual income on the I-134.

He gave me a copy of a "Verification of Employment" from his station commander which showed his rank, pay grade and monthly base pay to bring to my K-1 interview. I didn't have any problems

Edited January 27, 2010 by Fatima and Jim