Can IRS transcripts replace W2's the day of interview?

[cervantx 0]

good morning,

 

me (petitioner) and my wife (applicant) just received an appointment for interview at ciudad juarez, mexico after 1 year of process, I started this process with the help of someone with experience filing immigration forms. the petitioner currently works at a foreign government organization and he doesn't receive W2's at the end of the year. i receive a check each month without tax deductions. at the beggining of 2017 i filed a 1040 for 2016 taxes married filing jointly and requested an ITIN for my wife, I reported all my income and paid the amount they requested. after I paid the IRS for my total 2016 income I requested my IRS transcripts and received all the transcripts which i've never sent to NVC (the person helping me said it would delay my interview appointment and it would be easier to bring the transcripts to the interview to prove my 2016 income), so, I received a notification stating that I was missing my 2016 w2's. my question is... can the irs transcripts showing my 2016 income and that i've paid everything replace the missing W2's from 2016 the day of the interview?

 

thank you so much for your replies in advance. I appreciate your help.

[Khallaf 650]

26 minutes ago, cervantx said:

good morning,

 

me (petitioner) and my wife (applicant) just received an appointment for interview at ciudad juarez, mexico after 1 year of process, I started this process with the help of someone with experience filing immigration forms. the petitioner currently works at a foreign government organization and he doesn't receive W2's at the end of the year. i receive a check each month without tax deductions. at the beggining of 2017 i filed a 1040 for 2016 taxes married filing jointly and requested an ITIN for my wife, I reported all my income and paid the amount they requested. after I paid the IRS for my total 2016 income I requested my IRS transcripts and received all the transcripts which i've never sent to NVC (the person helping me said it would delay my interview appointment and it would be easier to bring the transcripts to the interview to prove my 2016 income), so, I received a notification stating that I was missing my 2016 w2's. my question is... can the irs transcripts showing my 2016 income and that i've paid everything replace the missing W2's from 2016 the day of the interview?

 

thank you so much for your replies in advance. I appreciate your help.

you can get a IRS wage transcript which is as good as the W2

[cervantx 0]

5 hours ago, Khallaf said:

you can get a IRS wage transcript which is as good as the W2

thank you for your response, I have that transcript but only for 1300 dollars (i worked two weeks on january 2016 for a company that gave me w2), the other 20,000 i made (without w2) are not on that transcript, but they are reported on the account transcript and tax return transcript, do you think that would be enough proof of income?

 

thank you again sir

[payxibka 10,047]

You will want the full tax transcript

[Khallaf 650]

13 hours ago, cervantx said:

thank you for your response, I have that transcript but only for 1300 dollars (i worked two weeks on january 2016 for a company that gave me w2), the other 20,000 i made (without w2) are not on that transcript, but they are reported on the account transcript and tax return transcript, do you think that would be enough proof of income?

 

thank you again sir

when you did your taxes and you reported the income how did you know how much to report?

 

what in is the problem is even though it shows income on your tax transcript, they will need other proof that you made that money, can you get a letter from the employer that they can say yes you made that, or was it done under the table so they didn't have to pay taxes?

12 hours ago, payxibka said:

You will want the full tax transcript

they will want both tax transcript and W2, they need a way to prove what you put on your taxes as reported income.

[cervantx 0]

2 minutes ago, Khallaf said:

when you did your taxes and you reported the income how did you know how much to report?

 

what in is the problem is even though it shows income on your tax transcript, they will need other proof that you made that money, can you get a letter from the employer that they can say yes you made that, or was it done under the table so they didn't have to pay taxes?

they will want both tax transcript and W2, they need a way to prove what you put on your taxes as reported income.

Thank you for the response, I have a letter from my employer stating that I made the 20,000. Also I have my 2016 contract which says what I’ve made and that they are not going to report my income, that I have to do it by myself. Do you think that is enough?

[Khallaf 650]

3 minutes ago, cervantx said:

Thank you for the response, I have a letter from my employer stating that I made the 20,000. Also I have my 2016 contract which says what I’ve made and that they are not going to report my income, that I have to do it by myself. Do you think that is enough?

as long as you have a letter from an employer with the amount you made that you take it, they may just look at the tax transcript but I went through this and they asked for both, do not offer the letter unless they ask for the W2 also. It always seems to depend on the officer you get that does the review. If they have already asked for the w2, present the letter, and your own letter explaining that they didn't provide you with W2. 

 

I do find that awful, as then you are stuck paying all the back taxes up front. 

[cervantx 0]

2 minutes ago, Khallaf said:

as long as you have a letter from an employer with the amount you made that you take it, they may just look at the tax transcript but I went through this and they asked for both, do not offer the letter unless they ask for the W2 also. It always seems to depend on the officer you get that does the review. If they have already asked for the w2, present the letter, and your own letter explaining that they didn't provide you with W2. 

 

I do find that awful, as then you are stuck paying all the back taxes up front. 

Thank you for your responses, it is awful  , they already asked for the w2, so I will instruct my wife on what you just said. On the letter it says the date I started working there and my 2016 income, signed and sealed by my boss, do you think I should add on that letter that they don’t report my income to irs? And the other letter I’m going to make about them not providing me a w2, do you think that one should be signed by my boss also?

[Khallaf 650]

21 minutes ago, cervantx said:

Thank you for your responses, it is awful  , they already asked for the w2, so I will instruct my wife on what you just said. On the letter it says the date I started working there and my 2016 income, signed and sealed by my boss, do you think I should add on that letter that they don’t report my income to irs? And the other letter I’m going to make about them not providing me a w2, do you think that one should be signed by my boss also?

When you got your letter did it state anywhere that they were not going to provide you with a W2?  The other problem is they will likely not give you anything of the sort as it against the law to not provide an employee with a W2. so take all the letters that are provided to you from said company have your wife submit that, as well as a letter from you with explanation. 

 

This employer that you worked for has broken a number of laws unless you were a subcontractor working as your own independent company, even in that case they are required to give you a 1099 form showing what they paid to you, I am surprised that who ever did your taxes didn't know to ask for that, unless of course you did them yourself then you wouldn't know you needed that.

 

Federal law requires all employers to send employees W-2 statements no matter how low earnings or wages are. These W-2 statements can be sent in either paper or digital form, and must be received by employees no later than January 31 of the following year.

 

So proving you with a letter that states they will not provide you with a W2 is against the law, this opens them up for a number of lawsuits. 

[cervantx 0]

10 minutes ago, Khallaf said:

When you got your letter did it state anywhere that they were not going to provide you with a W2?  The other problem is they will likely not give you anything of the sort as it against the law to not provide an employee with a W2. so take all the letters that are provided to you from said company have your wife submit that, as well as a letter from you with explanation. 

 

This employer that you worked for has broken a number of laws unless you were a subcontractor working as your own independent company, even in that case they are required to give you a 1099 form showing what they paid to you, I am surprised that who ever did your taxes didn't know to ask for that, unless of course you did them yourself then you wouldn't know you needed that.

 

Federal law requires all employers to send employees W-2 statements no matter how low earnings or wages are. These W-2 statements can be sent in either paper or digital form, and must be received by employees no later than January 31 of the following year.

 

So proving you with a letter that states they will not provide you with a W2 is against the law, this opens them up for a number of lawsuits. 

Since I work for a foreign government in the us, they say they can’t provide them, I’m going to try adding to the income letter that they don’t provide w2 or 1099 and see if he signs it. Also, my wife can take my contract where it says they don’t have any obligations with employee taxes. 

[Khallaf 650]

8 minutes ago, cervantx said:

Since I work for a foreign government in the us, they say they can’t provide them, I’m going to try adding to the income letter that they don’t provide w2 or 1099 and see if he signs it. Also, my wife can take my contract where it says they don’t have any obligations with employee taxes. 

check out this link just so you have a better understanding of what they should have done.

 

https://www.irs.gov/individuals/international-taxpayers/foreign-governments-and-certain-other-foreign-organizations

 

I would gather all the papers they gave you and submit your own letter as to why you don't have a report of wage from that company for 2016.

 

I would think you will be only with what you have and your own letter, but after all it is USCIS and like all other companies not one person will have the same answer across the board, I hope all goes well for you.