Case FE - W2 for Foreign earned and Retired

[Saqib-s 188]

We had our documents reviewed today by the NVC (submission date was 8th July), got 3 messages:

 

1. Please submit every 2020 W-2/1099 form for <Petitioner>
2. Please submit every 2020 W-2/1099 form for <Joint Sponsor>
3. Please submit a marriage termination document between the Petitioner and XXXXX. Please use our Document Finder at https://nvc.state.gov/find for acceptable documents guidelines.

 

The last one is relatively easy, we can submit the divorce decree for the petitioners previous marriage; I'm no sure how / why this was missed by our attorney. 

 

I have a questions regarding the requests for the W2s, my wife the petitioner has no W2 for 2020 as it was all foreign earned income in the UK, and the joint sponsor has no W2 as they are retired and their income is all from retirement benefits. We submitted IRS Tax transcripts for the last three years for both petitioner and joint sponsor, which I am to understand should negate the need for a W2/1099. Will we need to request a supervisory review to resolve this? 

 

Thanks in advance. 

[Chancy 6,241]

28 minutes ago, Saqib-s said:

I have a questions regarding the requests for the W2s, my wife the petitioner has no W2 for 2020 as it was all foreign earned income in the UK, and the joint sponsor has no W2 as they are retired and their income is all from retirement benefits.

 

@EKT submitted an explanation letter after getting the same review note, and that was enough to get DQ.  Please read through the posts in this thread for the details --

 

 

[Wuozopo 4,293]

8 hours ago, Saqib-s said:

I have a questions regarding the requests for the W2s, my wife the petitioner has no W2 for 2020 as it was all foreign earned income in the UK, and the joint sponsor has no W2 as they are retired and their income is all from retirement benefits. We submitted IRS Tax transcripts for the last three years for both petitioner and joint sponsor, which I am to understand should negate the need for a W2/1099. Will we need to request a supervisory review to resolve this? 

For the wife, a written explanation that she lives and works in the United Kingdom should solve that. State that her foreign employer does not provide W2 or 1099 wage statements and the IRS does not require them when filing her US tax return. 
 

For the joint sponsor, a transcript alone would not indicate that the sponsor qualifies if their tax return was a joint return. That would show the wages (or retirement income) of both filers added together. A 1099 could show the joint sponsor makes enough on his own. If he draws Social Security, the form is SSA-1099. A private pension or IRA distribution would be reported on a 1099-R. He might have both, but they need to indicate his own total retirement income qualifies for the amount needed. See the I-864 instructions page 8 

If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income.

 

If his retirement alone is not sufficient, then there is a way to include his spouses retirement with her completing I-864A.

Edited September 4, 2021 by Wuozopo

[Saqib-s 188]

1 hour ago, Wuozopo said:

For the wife, a written explanation that she lives and works in the United Kingdom should solve that. State that her foreign employer does not provide W2 or 1099 wage statements and the IRS does not require them when filing her US tax return. 
 

For the joint sponsor, a transcript alone would not indicate that the sponsor qualifies if their tax return was a joint return. That would show the wages (or retirement income) of both filers added together. A 1099 could show the joint sponsor makes enough on his own. If he draws Social Security, the form is SSA-1099. A private pension or IRA distribution would be reported on a 1099-R. He might have both, but they need to indicate his own total retirement income qualifies for the amount needed. See the I-864 instructions page 8 

If you provide a photocopy of your Federal individual income tax returns, you must include a copy of each and every Form W-2 and Form 1099 that relates to your returns. Do not include copies of these forms if you provide an IRS transcript of your Federal individual income tax returns rather than a photocopy unless you filed a joint income tax return with your spouse and are qualifying using only your income.

 

If his retirement alone is not sufficient, then there is a way to include his spouses retirement with her completing I-864A.

Wuozpo, once again you have been a invaluable resource, thank you so much.  We're in the process of sourcing all of the joint sponsors 1099, as he has income from SSA and a private union pension.