Petitioner has no W2 as he has not worked since 2006

[mrsemcee 1]

Hi guys,

I am not up to this stage yet, but I am gathering all the tax information on my hubby and his co-sponsor, who is his retired father, and my hubby has actually been unemployed since 2006, so his last W2 was in 2006.

I have it, and I have all federal tax information (1040 forms etc) from 2006, 2007 and 2008, but I just don't have any W2 forms for my hubby for 2007 or 2008 as he never worked those years.

Is that ok? I guess it has to be considering you only get a W2 if you work, right? I would love someone FROM the USA to answer this and confirm for me, as I am the beneficiary but seeing as I am better with paperwork, I am doing all the work behind this application and I have all hubbys US tax information here with me to sort out and send back to him with the completed paperwork etc. for the immigration stuff.

In addition, on a side note.... his dad is retired, so I am assuming he will not have a W2 either, but something else instead, as he is a retiree?

Thanks for the help!

[meowmeowmeow 1]

well, i'm just gonna think like how they would: i would wonder how he got the funds to see you in Oz and how he was able to...put $$$ in for keeping in touch with you and all that...basically how can you guys maintain your relationship on that level if he is not holding down anything...then i guess that's where his dad would step in and say i'm supporting him, etc...

but then, that might mean that his dad would have to show him being claimed on his taxes?

it might be a bit of an issue, maybe might be a good idea to find a co-sponsor who did work and who could provide w-2's for the past 3 years (even though it's optional) just to be on the safe side?

i'm sorry, i'm probably not making it easier for you to understand, i'm basically just throwing out questions and concerns that might pop up in their heads when they take a look at your case. hopefully someone more competent than me will answer.

[mrsemcee 1]

well thanks for that

the thing is, long story short, his dad had a very good position which he retired from due to medical issues, and receives a nice large packet each year from the company.

my husband has been living back at home for the past 2 years caring for his father (& mother) and has not been working, only doing odd jobs for his dad and mom when needed, and in return they supported him with food and shelter etc.

the initial trip to the US was all paid for by me, including the courthouse wedding (all $35 of it haha) and then my trip back to australia.

his parents paid for his trip to be with me in australia, then he stayed with me for 5 months in australia, and came with about $1,500 US dollars, and the rest i paid for as i work full time.

now, he is back in the US looking for work, but we will be living with his parents when i get there, until i get work and he does too.

all phone calls are paid for by me, (yeh i know, aren't i a nice wife?) and i send my husband money every 2 weeks when i get paid, and his parents give him money every time he does yard or house work for them.

i know this sounds really pathetic, but he is doing his dad a favour.

now, i am a little worried they are going to think his dad is sick, so he can't support me either, but i am more than capable of finding work when i reach the US.... and well, we have no one else who can co sponsor.

his dad makes a lot of money from his retirement package as he had a well standing job, when he WAS working.

ugh.... ok theres my story..

[Malrothien 6]

Donna, there is NOTHING to worry about. I have no income in the US since 2005. That's the entire point to the co-sponsor thing. Just tell your husband to write in the cover letter to NVC for your AOS package the reason why he has not worked. It is not uncommon AT ALL for a son/daughter to quit working to care after their parents.

[imaisha 1]

Yep nothing to worry about, as long as the cosponsor meets the requirement.

If your hubby's income on line 7 is 0 then there should be no W-2. If you're worried about not having one even though he doesn't need it you can always apply for the transcripts. Then you only need that one piece of paper. Might be good to have for the co-sponsor too. If not I think his dad's income would be reported on a form 1099-R rather than a W-2, so you'd need that plus his 1040.

[Anh map 2,098]

Have your husband and his dad read the instructions for the I-864 and I-864A. They will tell them everything that they need to know in order to complete the forms properly.

Husband will complete an I-864. Better for him to request IRS transcipts of his tax returns. Then there is no need to send copies of tax returns, W2's, etc. It's free and only takes a few weeks to obtain. Info can be obtained at the IRS website.

Dad will complete an I-864A as a household member and provide the evidence (tax returns/transcripts, proof of retirement benefits, etc.) demonstrating that his income is enough to support a family of 3 or 4 (dad, mom, you, maybe hubby). That information can be found on form I-864P. (click the link in my signature to get to that document)

Dad's past job does not matter. What matters is that someone has to be able to demonstrate a current income (wages, retirement income, or equivalent liquid assets) that meets 125% of the USCIS poverty limit for their household.

Edited September 1, 2009 by Anh map

[mrsemcee 1]

Guys, thank you, a million times over.

I'll work on those transcripts, how do we order them?

I guess it'll be fairly straight forward right?

I'm really lucky to have you guys around to help, you've made me less stressed!

[mrsemcee 1]

OH I just looked at his dads stuff he sent me and I've got the 1099 form so that's good news

It looks like it's gonna be ok!

[Malrothien 6]

http://www.irs.gov/individuals/article/0,,id=110571,00.html

That's the link for ordering tax transcripts.

[mrsemcee 1]

guys, thanks for your help. i ended up emailing the Sydney Consulate and got this lovely reply.

super happy as FIL definitely earns an income of more than the $22K.

___________

Dear Madam:

Thank you for your inquiry.

If your Father In Law is eligible (have the income/assets) and he can Joint Sponsor your spouse (and complete I-864A). This I-864A can only be completed by your Father-In-Law (if your spouse is currently residing with him).

It looks like there will be 3 Household Members (including yourself). The poverty guideline figure for 3 people is $22, 887. Therefore, your Father-In-Law’s income should be $22,887 or more. If not, evidence of assets worth of US$68,661.00 will be required.

If the above is not met, your Father-In-Law won’t be able to Joint Sponsor your spouse. Your spouse will be required to get another Joint Sponsor for him.

Sincerely,

Immigrant Visa Unit

U.S. Consulate General, Sydney (RST).