taxable marital status and the USCIS

[aldo 0]

We filled jointly our tax returns and sent that info with the I-751, but now we have been asked to also send ours w-2. The problem is that my wife’s w-2 is filled as taxable marital status: married and my w-2 is filled as marital status: single. Could that be a problem for the USCIS? Should I try and fix this with my employer ?

Edited April 29, 2011 by aldo

[Mira Chicago 0]

I have the same problem!

On my husband's W-2 marital status is single even though, he put me as his emergency contact as his wife, but his company mass things up. So, we ask them to fix the problem, but we could not wait for it so we sent the package with out his W-2. Do you think i will get RFE?

Did you get RFE?

BTW, his company still did not send as new W2, and we ask for it 4months ago!!!

[MsZ 6]

While technically we're supposed to have W-2s accurately report filing status and number of people you can declare, the only real thing that is effected as far as I'm aware, is the amount of tax that is withheld. I'd simply explain that by declaring single, they would withhold more tax so that you wouldn't owe or, you'd owe less.

I modify my withholdings about mid-year so I'm sure to cover the tax nut. And if my estimate is that I'm over saving, it allows me to adjust to get more take-home.

[aldo 0]

I have the same problem!

On my husband's W-2 marital status is single even though, he put me as his emergency contact as his wife, but his company mass things up. So, we ask them to fix the problem, but we could not wait for it so we sent the package with out his W-2. Do you think i will get RFE?

Did you get RFE?

BTW, his company still did not send as new W2, and we ask for it 4months ago!!!

Don't worry, I didn't not get a REF because of that, cause they ask for the w-2 after the REF. I am not sure why I did though.

[Mira Chicago 0]

Thank you!

and good luck!

[boschev 1]

We filled jointly our tax returns and sent that info with the I-751, but now we have been asked to also send ours w-2. The problem is that my wife’s w-2 is filled as taxable marital status: married and my w-2 is filled as marital status: single. Could that be a problem for the USCIS? Should I try and fix this with my employer ?

Your W2 does not contain any marital status. Had you sent IRS transcripts, you won't have gotten the RFE. You just sent a tax return, which can be easily forged nowadays (think of turbotax). That's why they want supporting documents: 1099, W2, etc.

[Gary and Alla 3,694]

We filled jointly our tax returns and sent that info with the I-751, but now we have been asked to also send ours w-2. The problem is that my wife’s w-2 is filled as taxable marital status: married and my w-2 is filled as marital status: single. Could that be a problem for the USCIS? Should I try and fix this with my employer ?

No.

This has nothing to do with your status as married couples and only has to do with tax witholding. Not an issue at all. None.

[Gary and Alla 3,694]

I have the same problem!

On my husband's W-2 marital status is single even though, he put me as his emergency contact as his wife, but his company mass things up. So, we ask them to fix the problem, but we could not wait for it so we sent the package with out his W-2. Do you think i will get RFE?

Did you get RFE?

BTW, his company still did not send as new W2, and we ask for it 4months ago!!!

You will not get an RFE for that. His company is under no obligation to send a duplicate w-2 and usually they make no prioity of it. You can get a transcript of your taxes from the IRS and eliminate the need for the w-2 altogether. Never wait for someone else to do something for you (especially when they couldn't care less) when you can just do it yourself today.

[aldo 0]

You will not get an RFE for that. His company is under no obligation to send a duplicate w-2 and usually they make no prioity of it. You can get a transcript of your taxes from the IRS and eliminate the need for the w-2 altogether. Never wait for someone else to do something for you (especially when they couldn't care less) when you can just do it yourself today.

hi Gary and Alla

Why would sending a tax transcript eliminate the need for the w-2? They are not the same-thing.

Edited April 30, 2011 by aldo

[Gary and Alla 3,694]

hi Gary and Alla

Why would sending a tax transcript eliminate the need for the w-2? They are not the same-thing.

Two answers.

1. The tax returns sent with the I-751 are sent to indicate that you have filed joint tax returns which is a sign of a legitimate marriage. I sent only copies of the 1040 with my I-751 and nothing else and was approved without RFE or even an interview. The green cards just arrived in the mail. I submitted a LOT of other financial and official document evidence n addition to this.

2. When necessary (such as for the I-864) or when requested, the w-2s show proof of the SOURCE of your income. They document you actually made that much. Add up the w-2s, 1099s and/or schedules and you shoudl arrive at the number claimed as income on line 22.

IRS tax transcripts have already done this and need no further documentation. w-2s and tax transcripts are not something you make up, they come from 3rd parties. I can make a print a 1040 showing I earn any amount I want right now and showing any address or name of spouse I want.

When required to submit a tax retun to prove income or support, you are required to submit either the entire tax return with attached w-2s, 1099s and all forms and schedules OR a tax transcript from the IRS.

RoC does not involve any proof of support of support or income, it is merely proof that you have a legitimate marriage. USCIS can request more evidence if they choose. w-2s DO show a person's address as reported to their employer.

Edited May 1, 2011 by Gary and Alla

[aldo 0]

Two answers.

1. The tax returns sent with the I-751 are sent to indicate that you have filed joint tax returns which is a sign of a legitimate marriage. I sent only copies of the 1040 with my I-751 and nothing else and was approved without RFE or even an interview. The green cards just arrived in the mail. I submitted a LOT of other financial and official document evidence n addition to this.

2. When necessary (such as for the I-864) or when requested, the w-2s show proof of the SOURCE of your income. They document you actually made that much. Add up the w-2s, 1099s and/or schedules and you shoudl arrive at the number claimed as income on line 22.

IRS tax transcripts have already done this and need no further documentation. w-2s and tax transcripts are not something you make up, they come from 3rd parties. I can make a print a 1040 showing I earn any amount I want right now and showing any address or name of spouse I want.

When required to submit a tax retun to prove income or support, you are required to submit either the entire tax return with attached w-2s, 1099s and all forms and schedules OR a tax transcript from the IRS.

RoC does not involve any proof of support of support or income, it is merely proof that you have a legitimate marriage. USCIS can request more evidence if they choose. w-2s DO show a person's address as reported to their employer.

Thank you for the clarification.