W2s?

[sourumeboshi 61]

My spouse and I have applied for AOS (for me) we got an RFIE it's asking for his tax transcripts but also w2s. We only recently moved back and did the fiance route so he doesn't HAVE any w2s but has submitted taxes for the past 12 years as he's required to. 

 

His current employer is also based overseas and doesn't do w2s. Will a letter outlining this cover why we haven't submitted the w2s? 

 

 

[SteveInBostonI130 3,471]

Along with paystubs and/or employment letter with the employer, then yes, as long as he is still employed by that company.  And that company will now need to submit a W2 for 2022/2023 (depending on when you moved).

 

[sourumeboshi 61]

44 minutes ago, SteveInBostonI130 said:

Along with paystubs and/or employment letter with the employer, then yes, as long as he is still employed by that company.  And that company will now need to submit a W2 for 2022/2023 (depending on when you moved).

 

Even though his employer isn't a USA based company? 

[SteveInBostonI130 3,471]

Employing a US person in US soil requires obligations by the company to the IRS and applicable State and local tax agencies.  Unless the employee is a contractor.

 

Sanofi, for one, is a French company that needs to abide by all US tax reporting regulations.

[sourumeboshi 61]

9 hours ago, SteveInBostonI130 said:

Employing a US person in US soil requires obligations by the company to the IRS and applicable State and local tax agencies.  Unless the employee is a contractor.

 

Sanofi, for one, is a French company that needs to abide by all US tax reporting regulations.

Ah yea he's a contractor. He WAS an employee and when we moved his work shifted to contract based. 

[SteveInBostonI130 3,471]

2 hours ago, sourumeboshi said:

Ah yea he's a contractor. He WAS an employee and when we moved his work shifted to contract based. 

 

Then ask the employer to send the terms for the contractor position.  As a contractor, they would need to submit 1099's, unless they are treating him as an independent entity via a purchase order for his services.

[sourumeboshi 61]

1 minute ago, SteveInBostonI130 said:

 

Then ask the employer to send the terms for the contractor position.  As a contractor, they would need to submit 1099's, unless they are treating him as an independent entity via a purchase order for his services.

Correct he's doing a purchase order where he invoices them.

[SteveInBostonI130 3,471]

Then he is self employed.  He can submit his quarterly tax payment receipt if he's done one, and/or submit the terms of the contract and several invoices.

[iwannaplay54 985]

16 hours ago, sourumeboshi said:

Even though his employer isn't a USA based company? 

When he was employed overseas his foreign earned income should have been reported then excluded on his tax return.

US based income should be reported as self-employment income.

[Sarah&Facundo 598]

I've been paid by a company abroad where I was not an employee. I was considered a contractor and my taxes reflected this. When submitting my documents, I had to include my 1099 form and tax forms from previous tax years as well. I also pay quarterly taxes on this income since I am still an independent contractor. You should be paying now for the fourth quarter of 2022. Those are due this month, so you will have your proof right there.

[Chancy 6,243]

15 hours ago, sourumeboshi said:

Ah yea he's a contractor. He WAS an employee and when we moved his work shifted to contract based. 

 

He should fill out the I-864 as self-employed -- part 6, item 4 checkbox should have been checked.  Also, as per the I-864 form instructions, he must include Schedule C, D, E, or F and all other schedules filed with his tax return, when submitting the I-864.