Shannon06

I'm a USC, wife of UK citizen and he applied for his visa to move to the states.

Ok, freaking out now, because we're at the point of the AOS, and my stepdad is cosponsoring, and so we're waiting for him to send all the signed documents and stuff back to us. But here's why I'm freaking out. I worked Feb 2005 to Feb 2006, but didn't earn enough to file taxes. I moved here (UK) end of Feb 2006 and haven't worked since. So the only W2 I would have to submit is my 2005. The last two years, I'll have a written statement explaining that I haven't worked, etc. BUT, my stepdad can't find my W2. :curse:

My husband is going to make an appointment for his medical exam for the end of July, and then hopefully try and get his interview close to that. I don't know if I'll get a copy of my W2 in time. (We are trying desperately to be out of here by Sept 7th. That's when my visa expires, and can't afford to renew.) Plus the fact that I closed my bank account before I moved here, so I don't have that. My stepdad makes more than enough money to have to worry about assets or anything like that.

What we have so far is this:

From stepdad/cosponsor:
1. Proof of current employment (Letter from employer specifying job description and pay)
2. Pay stubs (not sure how many he has so far, but not sure how many we need..)
3. Proof of U.S. Citizenship
4. Copy of most recent federal income tax returns for last 3 years (with recent W2s to support it)
5. Letter from stepdad stating that my husband and I are allowed to live with them after moving to the states

From sponsor:
1. Recent mail (for me) delivered to my parents house for Domicile
2. Drivers license with my parents address for Domicile
3. Copy of marriage visa showing that I either need to leave the UK by Sept 2008 or renew for lifetime visa (showing a temporary stay)
4. Letter stating that I haven't worked the past two years so have filed no tax returns

So, now I'm waiting to see if he can find my W2. So do we have everything we need so far, other than my W2, or is there more we need? If he can't find my W2 what do we do?

Thank you to whoever made it this far. I appreciate all advice as I'm starting to stress beyond ridiculousness.

ian-mstm

Get hold of an IRS transcript for 2005... no W2s required. Transcripts are free and can be ordered by phone.

Ian

Tracym

Do you mean IRS transcript of the tax return?

Sounds like she didn't file taxes - doesn't it?

Shannon06

Right, I wasn't required to file for that year because I didn't make enough money.

Tracym

I understand. So you're trying to prove you didn't make enough.

Strikes me that perhaps THEY would have to prove the contrary.

After all, it's hard to prove a negative. Even if you had the W2, that doesn't prove you didn't work somewhere else in addition.

Since the IRS gets copies of all W2s etc, perhaps you could just say "I made less than $....., and thus was not required to file taxes". If they check, your story would be confirmed.

I'm not sure that would work, but it might - hopefully Ian will come back and comment (or others as well).

Shannon06

Yeah, that's what I was thinking, too. But on the I-864 Form it says:
So I assumed the only way I can prove that is with my W2 from that year.

penguinbar

You can get a copy of your w2 from your former employer. My mother who is joint sponser couldn't find oner of her w2s and just got a copy from her employer.

Shannon06

Ok, my stepdad has found my W2!! Phew!

I just hope that everything else that I have will be sufficient. My husband will be taking in just about anything extra we can think of, so hopefully it works out.

Bluegrass Lass

Btw, in case you don't know, if things don't work out scheduling-wise, you don't have to remain there for your husbands' interview. You can go ahead and return to the US ahead of your visa expiration.

californian

I know it says "including evidence" and with this in mind you're right to attach your W-2 but really I think they will be looking for a written statement, from you, explaining that you did not work during the period of xx 2005 - present and in 2005 you only worked during yyy - zzz and earned x amount and thus were not required to file a tax returns (enough variables for you).

Re. the Affidavit of Support, I would think the NVC or the IVU (as the case may be) will be more concerned with your StepDad's paperwork (and as Ian points out, he only really needs IRS transcripts from 2005, 2006 and 2007) then yours, as it is his income that will allow the two of you to joint sponsor your husband.

Tracym

In her case, it's more about having fulfilled the legal requirement to file taxes that the income she made.

imo, she is just proving she followed the law, and didn't fail to file taxes when she was required to.

californian

I agree, which is why I suggested attaching a statement (as the Affidavit indicates) to include the dates she worked and the amount of money she made (not sufficient to warrant filing taxes and attaching her W-2 to substantiate this) and then continuing that statement to include an the dates she not was not employed (thus not obligated to file taxes).

Tracym

Right, I believe that was what she intended in the first place. The problem was just that the W2 was missing (has now been found).

Shannon06

Yeah, I think I'm good now, my only concern would be that I have everything else that I need, but I think I do. Thank you guys for your help, it means a lot.

Shannon06

Ok. I need some information in somewhat lamens terms if possible.

What exactly is the Adjustment of Status form? I'm trying to figure out if that's a part of his process or not. He's just getting a Green Card to the U.S, an immigrant visa. I don't know exactly what "type" it is. I see so many abbreviations on the forum and websites, but I don't know. We don't have any kids and we've been in the UK the entire time.

I might just be confusing myself with too much research, but when he said something about a fee of $1,010, I couldn't remember seeing that when we first started all this. So I saw the I-485, but I need an explanation in lamens terms.

EDIT: Ok, nevermind. I'm just too confused. I was trying to figure out the fees from beginning to end, but I'm just so lost, and have probably confused anyone reading this post anyway. I was looking at this: http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD and then I just... got lost. I don't know. Forget it.