Wife *now* works in US but last tax return was forein income - can I use i-864EZ? do I need a joint sponsor?

[anon-ee-mouse 14]

All,

 

In theory my wife qualifies to be my sponsor as she earns way over the poverty guideline. However, her last *documented* earned income was in the Netherlands (where I still live while going through the wonderful journey we're all on...

 

My question is: though I have a letter from her employer stating her income now, in the United States, will I need a joint sponsor who can actually show a W-2 (which my wife cannot)?

Also, am I right that this disqualifies me from using i-864EZ? Since she would need to have filed  W-2...

[Bombayy 7]

Your wife is probably going to need more than just a letter stating her income. She should provide as many pay stubs as possible. But surely your wife is not the only sponsor who began a new job in a new year, so I would think that having proof of her current income via pay stubs and employer's letter on letterhead should be sufficient. The I-864 instructions say: "You may submit this information for the most recent three tax years, pay stubs from the most recent six months, and/or a letter from your employer if you believe any of these items will help you qualify." But it's best to ask the embassy directly to see if they can clarify.

 

And yes, I would also think that the lack of W-2s means you'll have to go the I-864 route, not EZ, since the instructions cite the need for those documents.

Edited February 19, 2018 by Bombayy
clarification

[acidrain 325]

We were in the same boat. We submitted the i864 with 3 years of tax returns, all my spouse's pay stubs and a letter from his employer stating all the specifics to his job (how long, wage, contact info). We did not have a W-2 as my spouse had started his job this past year which we have not filed income tax to yet.

 

They looked at his last year of income tax which was above the poverty line. Bring a copy of those returns along with a IRS tax transcript. At the interview they only focused on 2016 taxes but I brought 3 years in case they wanted to see those too. Good luck.

[Nitas_man 3,100]

On ‎1‎/‎23‎/‎2018 at 10:35 PM, seewolves said:

All,

 

In theory my wife qualifies to be my sponsor as she earns way over the poverty guideline. However, her last *documented* earned income was in the Netherlands (where I still live while going through the wonderful journey we're all on...

 

My question is: though I have a letter from her employer stating her income now, in the United States, will I need a joint sponsor who can actually show a W-2 (which my wife cannot)?

Also, am I right that this disqualifies me from using i-864EZ? Since she would need to have filed  W-2...

A W2 is not needed if you produce tax transcripts.  The W2 is part of what is attached to the copy of tax returns for the previous year if you don't order a transcript.  If a W2 is not received then whatever summary income documentation used as basis for reporting to the IRS has to be attached with the return.  They use it to match the tax return copy to actual documented income. 

 

For current year (2018) what is needed is pay stubs, bank statements, employer letter showing continuing and ongoing current income.  Usually the paystub shows current/YTD income, but a series of paystubs would show the same thing. 

 

I think I would have her file an I-864.  It isn't that complicated.

[Mr_B 3]

Assuming you're doing DCF, the embassy should tell you during the first meeting (I-130) which forms and docs they expect you to bring to the interview. 

In our case they asked for I-864 (despite meeting req for EZ, but we didn't ask about it). 

 

The important question is whether your wife has been filing her taxes and FBARs.

If not, she should do a streamlined filing ASAP through an expat CPA.

Even if it takes the CPA a month to get her tax returns ready, these only need to be ready by the interview, so you can get everything else done in parallel (medical, public records, ...). No worries.