W2/1099 for foreign-based income

[Okalian 41]

Howdy!

 

I have just submitted my wife's NVC paperwork last week. But upon browsing around, I saw that some have been RFE'd due to missing W2's, and mostly it's for those who filed for taxes jointly. 

 

I am working overseas for a foreign employer, and submitted 2020 Tax transcript and 2021 tax return (since the transcript isn't yet ready), both of which clearly mention foreign employment and filed as married filing separately. I have a feeling they systematically request W2's regardless of filing status or verification of working stateside. I have submitted a personal statement of re-establishing domicile with a hoard of proofs, so they clearly understand that it's not a US-based employer and thus no W2 will be available. I am obviously not relying on my foreign income for financial proof, but rather on assets.

 

I'm considering uploading a statement - to the W2 document upload -  outlining exactly that, just to avoid needless delay. And then again i feel like I'm shooting myself in the foot because this may further confuse them  Any thoughts? Or do they completely disregard any income-related documentation once they see entries assets?

[JeanneAdil 6,498]

send the documents in to support using assets as described on I 864 instructions 

the IRS tax statement is not supporting income

[Saqib-s 188]

On 2/14/2022 at 3:26 PM, Okalian said:

 

 

I'm considering uploading a statement - to the W2 document upload -  outlining exactly that, just to avoid needless delay. And then again i feel like I'm shooting myself in the foot because this may further confuse them  Any thoughts? Or do they completely disregard any income-related documentation once they see entries assets?

Do exactly that, submit a signed statement outlinging that your earnings for year XXXX were all foreign based, your foreign employer does not issues W2, and therefore you have none to submit and obviously submit the 1099 that you have for any compliant accounts where you are issued them. We were RFE'd due to missing W2/1099, wife's income was all foreign earned, the singed statement helped us get DQ. 

 

Generally speaking qualifying under assets is not recommended, the NVC are trained to look for income so that is the fastest way through the process. Our attorney recommended we find a joint sponsor and did. I did also later see this video from Hacking on youtube which helps to drive this point home:

 

 

 

[FC Leung 0]

Hi Okalian, did your signed statement help you DQ? I'm facing the same situation and wondering what we could do. Thanks!