NVC asking for w2/1099 forms (merged thrice)

[mgul 4]

On 2/15/2023 at 1:25 AM, pushbrk said:

In my 17 years here, and my own hands on experience (extensive) I have never seen or heard of a Consular Officer asking for anything but the latest tax return, from a self employed person.  Certainly, one could provide such items as suggested above or his quarterly return, but I've never heard of it being asked for and never advised any self employed person to provide any of that.

 

Also, it is my experience that when a document does not exist, it is not required.  That's general, but definitely would apply to ME as a self employed person.  I do NOT have any W2 or 1099....EVER.  USCIS and Consular Officers take you at your word, that if you are willing to declare direct income and pay taxes on it, you "earned it".

 

I have a new joint sponsor who is also self employed. She has 2020 and 2021 tax transcripts with schedule C. She makes enough money. Is it okay if I only submit those 2 to CEAC or should I just submit 2021? I will also write up a note saying that she is self employed. Will it be a problem if she doesnt have 2019? When the interview time comes she will have 2022 anyways. So we will bring from 2020, '21, '22

 

 

[pushbrk 12,868]

2 hours ago, mgul said:

I have a new joint sponsor who is also self employed. She has 2020 and 2021 tax transcripts with schedule C. She makes enough money. Is it okay if I only submit those 2 to CEAC or should I just submit 2021? I will also write up a note saying that she is self employed. Will it be a problem if she doesnt have 2019? When the interview time comes she will have 2022 anyways. So we will bring from 2020, '21, '22

 

 

Depends on why she doesn't have the 2019 return.  It does not need to be submitted, but information from it is asked for on the form.

 

Also, there's a difference between a tax return and a tax return transcript.  Schedule C is part of a return, not part of any transcript.  What does she really have?

Edited March 11, 2023 by pushbrk

[mgul 4]

2 hours ago, pushbrk said:

Depends on why she doesn't have the 2019 return.  It does not need to be submitted, but information from it is asked for on the form.

 

Also, there's a difference between a tax return and a tax return transcript.  Schedule C is part of a return, not part of any transcript.  What does she really have?

How should we upload the schedule C? Should we upload the form itself? The 1040  and thr tax return transcript? I meant to say that Schedule C info is on the tax transcript so should we just upload that to ceac?

[pushbrk 12,868]

58 minutes ago, mgul said:

How should we upload the schedule C? Should we upload the form itself? The 1040  and thr tax return transcript? I meant to say that Schedule C info is on the tax transcript so should we just upload that to ceac?

You will notice the instructions say "Tax Return Transcript".....OR...."Complete copy of federal tax return including all schedules....".  Interpret the meaning of the word "OR" literally.
"

[mgul 4]

10 hours ago, pushbrk said:

You will notice the instructions say "Tax Return Transcript".....OR...."Complete copy of federal tax return including all schedules....".  Interpret the meaning of the word "OR" literally.
"

I actually want to upload tax return with schedules and the transcript, because with our last sponsor he didnt have schedules so we didnt get dq. I will also write up a note like you said previously for myself as the mainsponsor living aborad not working and the joint sponsor being self employed and has schedule C. I want to be detailed so that i can get Dq this time 

[mgul 4]

Hello, my sponsor filled out the i184 form. On her tax transcripts, it says "married filing jointly." She makes enough money. My question is does her husband need to fill out i184A form?

[JeanneAdil 6,489]

where on tax forms or IRS transcripts does it separate the joint income so NVC would know which one makes what?

[mgul 4]

13 minutes ago, JeanneAdil said:

where on tax forms or IRS transcripts does it separate the joint income so NVC would know which one makes what?

So does that mean the spouse needs to fill out 184a?

[JeanneAdil 6,489]

2 minutes ago, mgul said:

So does that mean the spouse needs to fill out 184a?

NVC is now asking for W2's on top of IRS transcripts 

that would say how much the joint sponsor made

if NVC wants I 864a for spouse of ioint sponsor, they will say so

[mgul 4]

12 minutes ago, JeanneAdil said:

NVC is now asking for W2's on top of IRS transcripts 

that would say how much the joint sponsor made

if NVC wants I 864a for spouse of ioint sponsor, they will say so

She is self emplyed, she doesnt have w2. She has schedule C. So 184a is nor required then? Unless nvc asks for it?

[JeanneAdil 6,489]

8 minutes ago, mgul said:

She is self emplyed, she doesnt  have w2. She has schedule C. So 184a is nor required then? Unless nvc asks for it?

Ok,  schedule C allows self employed persons to claim a portion of household (office space, etc in house) for their business purposes and what is the profit on line 31 would be reported on line of Schedule 1  line 3 along with any 1099 misc (or SE schedule)  the person received for work processed for a client.  person needs to also inclued form 8582 if the businss needs to recover loss from previous year / usually Schedule C shows total profit as its work done and the profit is not put back into the business like it is when its a store or such.   but depends on the job title on Schedule

 

If an immigration officer is willing to dig thru the schedule C and all forms that goes with it , they are going above and beyond their job requires which is to look at the yearly income of the joint sponsor and on MFJ is is not separated on  1040

otherwise,  get the spouse to file I 864a and save time and troubles

[pushbrk 12,868]

2 hours ago, JeanneAdil said:

NVC is now asking for W2's on top of IRS transcripts 

that would say how much the joint sponsor made

if NVC wants I 864a for spouse of ioint sponsor, they will say so

The issue is not with NVC, but with the Consulate.  If the Consulate asks for the I-864a from the joint filing spouse (at interview) then it suddenly not only IS required but the visa issue will be delayed a few weeks.   It is ALWAYS the "best practice" to provide an I-864a from the joint filing spouse, whether they have income or not and whether it is needed to qualify or not.  

[pushbrk 12,868]

2 hours ago, JeanneAdil said:

Ok,  schedule C allows self employed persons to claim a portion of household (office space, etc in house) for their business purposes and what is the profit on line 31 would be reported on line of Schedule 1  line 3 along with any 1099 misc (or SE schedule)  the person received for work processed for a client.  person needs to also inclued form 8582 if the businss needs to recover loss from previous year / usually Schedule C shows total profit as its work done and the profit is not put back into the business like it is when its a store or such.   but depends on the job title on Schedule

 

If an immigration officer is willing to dig thru the schedule C and all forms that goes with it , they are going above and beyond their job requires which is to look at the yearly income of the joint sponsor and on MFJ is is not separated on  1040

otherwise,  get the spouse to file I 864a and save time and troubles

The schedule C is how revenue minus business expenses is shown.  For the self employed, "revenue" is not "income" until it appears on a tax return where business expenses are accounted for.  (deducted from revenue)

 

Yes, in this situation provide an I-864a but I recommend it as a best practice in ALL cases.

[JeanneAdil 6,489]

16 minutes ago, pushbrk said:

The schedule C is how revenue minus business expenses is shown.  For the self employed, "revenue" is not "income" until it appears on a tax return where business expenses are accounted for.  (deducted from revenue)

 

Yes, in this situation provide an I-864a but I recommend it as a best practice in ALL cases.

as stated in my answer it is reported on Schedule 1 line 3 and schedule 1 is Additional Income and Adjustments to Income

[pushbrk 12,868]

8 minutes ago, JeanneAdil said:

as stated in my answer it is reported on Schedule 1 line 3 and schedule 1 is Additional Income and Adjustments to Income

Just saying that there's more to the schedule C than you described.  Nevertheless, the I-864a should be provided ANYWAY.  Do not wait until it is requested.  That will just cause a delay.