i864 - Joint Sponsor and W2

[iErin 0]

Hey everyone.

My joint sponsor for my i864 form has a strange w2 form that does not look like the regular one. We have sent the W2 twice to the NVC and have gotten a check list for it both times. He sent me his tax transcript that can be used to replace his W2, but he files jointly with his wife and she did not fill out an i-864 form. So I need proof of just his earnings. I am wondering if he can order one from the IRS and how to do that or what I should do about this W2 problem.

[slvrfx576 15]

IRS transcript is just that....a record of the info on that taxpayers return. If filed jointly it will only contain the info as reported on the joint return....no separation of what income belonged to which spouse. Of course the IRS does have the records, but whether they will release to your joint sponsor I don't know. Call them at 1-800-829-1040.

[NikLR 13,232]

If he files jointly with his wife then she should complete an I-864a to accompany his I-864.

[iErin 0]

IRS transcript is just that....a record of the info on that taxpayers return. If filed jointly it will only contain the info as reported on the joint return....no separation of what income belonged to which spouse. Of course the IRS does have the records, but whether they will release to your joint sponsor I don't know. Call them at 1-800-829-1040.

Would I have to get his wife to fill out a i-864a form? and then I could just use the tax transcript for both of them?

Would I have to get his wife to fill out a i-864a form? and then I could just use the tax transcript for both of them?

Or maybe his employer could fill out a W2 form for him?

If he files jointly with his wife then she should complete an I-864a to accompany his I-864.

His wife doesn't really want anything to do with my green card lol

[NikLR 13,232]

It doesn't matter. They file taxes jointly and by signing a completed I-864a she is showing she is in agreement with her husband's decision to sponsor an immigrant. It also eliminates any difficulty you are having with the tax transcript and w2.

[florida4life 29]

No she do not have to do one(I-864a) if you are not using her income. If he makes more than enough then you don't need the wife income. You need to send in his w2 and some of his pay stubs from work. If you are using both of their income to meet the level then she would need to fill out I-864a.

Edited July 28, 2013 by florida4life

[slvrfx576 15]

If the wife of the co-sponsor won't sign off on the 864, then iErin is back to square one. The problem appears to be that his co-sponsor's W-2 is a "strange W-2 form that does not look like a regular one". It has been rejected twice by the NVC. In tax practice (I am an IRS registered tax return preparer) we are taught that such a W-2 is most likely fraudulent. If presented with one, I would refuse to complete the return. So no surprise that NVC would also not accept it. It may very well be genuine but we don't know why it appears "strange" nor why is does not "look like a regular one". But we know that NVC has rejected it twice.

Just because the IRS has accepted the original joint return(and produce a transcript)of the prospective co-sponsor does NOT mean that they will not, at some later date, question it; and not that they have somehow validated this mysterious W-2 form. They have a program called AUR...automated under reporting ...their computers will eventually match what the taxpayer reports versus what the forms they have received from the payers (in this case employers) have reported to them. And if the payer claims on the W-2 to have paid in X amount of $ withheld from the W-2 wages and that does not match the IRS records, they will catch that also. It takes time, but it does happen, and they will catch it eventually.

Now, I may know something about taxes, but I do not know about the NVC. Perhaps iErin could send in the co-sponsors transcript and all would be fine for now, even without the co-sponsors endorsement. IDK. There is no liability to iErin if his sponsor's tax returns later turn out to be fraudulent (worse case scenario) but I sure would feel a lot better if the co-sponsor got an acceptable W-2 or if iErin got another co-sponsor.

[pushbrk 13,073]

It's either a legitimate W2 or it is not. I suggest the Joint Sponsor request a W2 form from the employer, a legitimate one. NVC knows what legitmate W2 forms look like. They don't all look the same but they all say what they need to say to be recognized.

[Ozz777 23]

I have W2's going back to 1989 and they are all different looking depending on the year and employer. Some are even hand written. How is his "strange" looking?