NVC insisting on W2/1099 forms [split topic]

[Smilla 0]

Hello,

Please advice.

At the beginning of our visa journey we hired a lawyer in hope we will not have any surprises and mistakes.

My husband is US citizen and we were hoping I will join him soon in US.

We got married in July 2020, filed everything in September 2020, first part was OK and in March 2021 we submitted all documents to NVC.

My husband owns a S-Corporation and has no W2/1099 only 1020S for 2021 individual tux return. Form 1020S prove his income through S-corporation. Since he often travels outside of US because we use our last chance to have kids through IVF (we are in our 40s). We literally have natural IVF cycle every month, he is not employed and does not have W2 or 1099, but he has more than enough income through his S-corporation to support me. We did submitted tax return for 2021 for our company, 1099 for company, his individual tax return with 1020S and information of his income through s-corporation.

NVC keep asking and asking for his W2/1099 form.

Unfortunately our lawyer told us at the begging that this will not be a problem, and now he telling us that they changed rules.

He advised us to find sponsor with W2 form (which was not logical to me, but we did it anyway). He submitted all necessary documents for my cosponsor.

I received the same message again “Please submit every W2/1099 for XX (my husband) for 2021”

We are miserable and to be honest we don’t know what to do anymore.

Do you have any advise for us?

We will greatly appreciate any help

 

[mgul 4]

26 minutes ago, Smilla said:

Hello,

Please advice.

At the beginning of our visa journey we hired a lawyer in hope we will not have any surprises and mistakes.

My husband is US citizen and we were hoping I will join him soon in US.

We got married in July 2020, filed everything in September 2020, first part was OK and in March 2021 we submitted all documents to NVC.

My husband owns a S-Corporation and has no W2/1099 only 1020S for 2021 individual tux return. Form 1020S prove his income through S-corporation. Since he often travels outside of US because we use our last chance to have kids through IVF (we are in our 40s). We literally have natural IVF cycle every month, he is not employed and does not have W2 or 1099, but he has more than enough income through his S-corporation to support me. We did submitted tax return for 2021 for our company, 1099 for company, his individual tax return with 1020S and information of his income through s-corporation.

NVC keep asking and asking for his W2/1099 form.

Unfortunately our lawyer told us at the begging that this will not be a problem, and now he telling us that they changed rules.

He advised us to find sponsor with W2 form (which was not logical to me, but we did it anyway). He submitted all necessary documents for my cosponsor.

I received the same message again “Please submit every W2/1099 for XX (my husband) for 2021”

We are miserable and to be honest we don’t know what to do anymore.

Do you have any advise for us?

We will greatly appreciate any help

 

Did tou submit a letter stating why your husband doesn't have w2/1099? The people here suggested me to write a letter and sign it and saying why I dont have those documents. I recently submitted them. Hopefully I'll get a result back

[Smilla 0]

1 hour ago, mgul said:

Did tou submit a letter stating why your husband doesn't have w2/1099? The people here suggested me to write a letter and sign it and saying why I dont have those documents. I recently submitted them. Hopefully I'll get a result back

Thank you very much for the answer. No, we didn't send letter with explanation. Did you notarised it before submission? In which section you were adding that letter?

Please let us know if this letter worked out for you. We consider doing that as well. I am little confused why the lawyer didn't do that but instead advised us to find someone with W2 for sponsorship.

[Sergei J 1]

3 hours ago, Smilla said:

Thank you very much for the answer. No, we didn't send letter with explanation. Did you notarised it before submission? In which section you were adding that letter?

Please let us know if this letter worked out for you. We consider doing that as well. I am little confused why the lawyer didn't do that but instead advised us to find someone with W2 for sponsorship.

I had same situation with sponsor.  In my situation they asked W2/1099, then proof of income, then evidence of income. I submitted next documents and take DQ after four attempts 

1.  letter from sponsor ( print letter, sign it and scan in color)  with explanation all details and attache maximum proof
2.  proof of income - take notarised deposit account balance summary in bank on paper
3.  evidence of income ( statements from bank account, where they can find information about income, take statements not only 2019-2021 also you need for last 60 month  any contracts and  etc.).
4.  IRS Transcript for every years,  its better then Tax Return. 
5.  then you upload any document, write description in note. Maybe they didn't want search and think. 

Edited March 29, 2023 by Sergei J

[Family 3,988]

5 hours ago, Smilla said:

He advised us to find sponsor with W2 form (which was not logical to me, but we did it anyway). He submitted all necessary documents for my cosponsor.

I received the same message again “Please submit every W2/1099 for XX (my husband) for 2021”

Simply write a letter :NO NEED to notorize.

Example

” RE : Request for Evidence / Rejection 

Petitioner / Sponsor does not get 1099 or W-2 forms, nor are any such reflected in the tax returns/ transcripts submitted. He derives income from ownership interest in Golfen Pot , an S Corporation , currently reporting $xyz. 
Although his income exceeds guidelines, we have submitted a Qualified Joint Sponsor along with supporting documentation.

Kindly note this rejection is in error and the delay is creating extraordinary hardship. “
 

If your attorney had advised you to get 1. Profit and Loss Statement prepared by his CPA, 6 months of bank statements and above letter , you would have had a chance to prove the income.

[TBoneTX 45,258]

The above were split from someone else's thread in this same forum.

[pushbrk 12,870]

2 hours ago, Family said:

Simply write a letter :NO NEED to notorize.

Example

” RE : Request for Evidence / Rejection 

Petitioner / Sponsor does not get 1099 or W-2 forms, nor are any such reflected in the tax returns/ transcripts submitted. He derives income from ownership interest in Golfen Pot , an S Corporation , currently reporting $xyz. 
Although his income exceeds guidelines, we have submitted a Qualified Joint Sponsor along with supporting documentation.

Kindly note this rejection is in error and the delay is creating extraordinary hardship. “
 

If your attorney had advised you to get 1. Profit and Loss Statement prepared by his CPA, 6 months of bank statements and above letter , you would have had a chance to prove the income.

Sounds good.  I would have advised consulting the CPA for how to best explain and document the personal income.

[Smilla 0]

Thank you very much for response.

I know is off the topic now but they are asking for proof of US domicile for sponsor as well ... how many documents we should include and which one is the best to prove that? 

We already sent Pay Stub, W2, Tax returns.

Is bank account, permanent address and drivers license will be sufficient?

I am not sure if he currently has ownership or activity lease, or if he is registered to vote.

 

 

[Smilla 0]

Can't believe it will be almost 3 years since we submitted first documents... and we are an "easy case". 

 

 

Edited March 30, 2023 by Smilla

[pushbrk 12,870]

2 hours ago, Smilla said:

Thank you very much for response.

I know is off the topic now but they are asking for proof of US domicile for sponsor as well ... how many documents we should include and which one is the best to prove that? 

We already sent Pay Stub, W2, Tax returns.

Is bank account, permanent address and drivers license will be sufficient?

I am not sure if he currently has ownership or activity lease, or if he is registered to vote.

 

 

Driver license, and utility bill for domicile.  If you did not already submit, you'll need evidence of citizenship or green card too.

[Smilla 0]

7 hours ago, pushbrk said:

Driver license, and utility bill for domicile.  If you did not already submit, you'll need evidence of citizenship or green card too.

Thank you very much.

Our sponsor has driver license, permanent address, but I am not sure for utility bills... he definitely has bank account, W2, Pay Stubs, and tax return for last year. 

What kind of damage our lawyer made to us since he didn't told us at the beginning my husband need to have w2/1099 ... If he told us that we would definitely try to file differently. Than he didn't know for letter explanation, profit and loss and 6 months of bank statements...  (I even asked for that 6 months of bank statements at the beginning of the process and he told us we don't need it), instead he insisted of adding a sponsor... and at the end he didn't mention to us that our sponsor need to have utility bills and other documents he might does not have... 

We had very simple case at the beginning .... now we are really afraid he made our case complicated and we do not know from were to start and how to fix it in best possible way...  he didn't even answer to my question yesterday, and to be honest I don't trust him any more, because it keeps pushing us deeper into problems.

We probably need to change a lawyer.

Can we change sponsor if this one can not prove domicile?

Can we change our tax return for 2022 and make 1099 for my husband (accountant told us this is legal and possible but is costly)? But we still do not have 1099 for 2021, and they keep asking for 2021.

I guess we should try first with the letter of explanation for my husband, profit and loss, and 6 months of bank statement....and for the sponsor we could submit document he has as a proof of domicile and see if they will accept it ... but if this does not work we need to have other solutions.

We really want to live together without separations... we live like that for more than 4 years... it's been really hard, and we are really tired and very anxious that it keeps prolonging for so long