W2 problems

2

2aurcitizen

Registered Users (C)
Hello all.

Thank you for reading my post.

My wife and I had applied for US citizenship in May 07. We are expecting our interview in July August 2008.

I recently discovered that my GC employer who I had been employed for 8 months did not give me a w2, rather he made me file the taxes as an independent contractor (1099). He wanted to save a few bucks. I worked honestly etc; I was very new to the country and did not know the tax structure etc at that time. This was in the last 5 years.

As mentioned I worked with him for 8 months after getting the GC. Do you think this will create a problem for me?

Should I withdraw my application for now? If yes, how do I withdraw it?


In any case I am hoping that my wife is called first for an interview and she should get it first and I can wait. Most probably ask them for a later date.

Please advice. I am hiring an Immigration attorney too.
 
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I don't see why this would be an issue. Perhaps someone else sees an issue with this, but as long as you worked with your employer and you filed your taxes I don't think it will be an issue. I would probably not open my mouth during the interview to volunteer this story about 1099, but if asked tell the truth.

My 2 cents
 
When you work as 1099, you are supposed to pay the employer's part of Social Security (and send in the money yourself). I think that should be the only thing you have to worry about ... make sure you pay it, if it hasn't already been paid.
 
Wait a minute

2aurcitizen said:
Hello all.

Thank you for reading my post.

My wife and I had applied for US citizenship in May 07. We are expecting our interview in July August 2008.

I recently discovered that my GC employer who I had been employed for 8 months did not give me a w2, rather he made me file the taxes as an independent contractor (1099). He wanted to save a few bucks. I worked honestly etc; I was very new to the country and did not know the tax structure etc at that time. This was in the last 5 years.

As mentioned I worked with him for 8 months after getting the GC. Do you think this will create a problem for me?

Should I withdraw my application for now? If yes, how do I withdraw it?


In any case I am hoping that my wife is called first for an interview and she should get it first and I can wait. Most probably ask them for a later date.

Please advice. I am hiring an Immigration attorney too.
Click to expand...

Man you are going way too fast here. Slow down ok. There is no need to panic. You haven't done anything wrong or any fraud. I don't see any reason for you to withdraw your application. The interview is usually very simple & straight fwd. Make sure you have all the necessary documents when you are called for the interview. The IO's intention usually is to pass everybody unless he or she sees a seriuos issue with an individual's case. They are not there to arrest you, trust me. You will do just fine :) Take it easy.
 
Jackolantern said:
When you work as 1099, you are supposed to pay the employer's part of Social Security (and send in the money yourself). I think that should be the only thing you have to worry about ... make sure you pay it, if it hasn't already been paid.
Click to expand...


Yes, Jackolantern is right, you must pay your Self Employment Taxes as they say. So you should be worried about IRS coming after you and not USCIS.


Qs for everyone: Does the IO ever ask you to show the paystubs and W-2 of 5 years ago?????
 
No, IO usually don't ask anything about W-2 or old tax returns or old employment history. Usually they just ask you if you're still with your current employer. However, in rare cases of self employed people they can really dig into your source of income to make sure one is not making the money with some illegal enterprise.
 
Employment question

Huracan said:
No, IO usually don't ask anything about W-2 or old tax returns or old employment history. Usually they just ask you if you're still with your current employer. However, in rare cases of self employed people they can really dig into your source of income to make sure one is not making the money with some illegal enterprise.
Click to expand...

In my case, the IO did not even ask me about my current or previous employers. All he asked was, if I had taken a trip outside of US recently and if I still have one daughter. In my case I was blessed with a son while my case was still pending, so I gave him my son's name along with his birth date.
 
Thank you for your replies....but further doubts.

Gentlemen and Ladies,

Thank you for your replies. They mean a lot.

I hope the IO does not ask for me my W2.

Just to clarify somethings:


a. This W2 which I was not given were from my GC sponsoring employer.

b. All taxes including Medicare/Social Security both the employers and my portion were paid

Jack O Lantern/Huracan/Atlanta Brother please comment.

Thank you!
 
Nothing more to add. I answered assuming that you meant a and b, i.e. 1099 with sponsoring company and that you filed your tax return and paid any self-employed tax that was needed. I would still not overly worry about this situation. Please update us with the good news when you go to the interview and as expected, everything turns out fine. Or let's see what the lawyer you're planning to hire says.
 
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