Hello,
Me and my spouse are currently on E-2 visa status and filed for AOS on March 3rd (dv lottery selectee). My question is regarding the tax transcripts and W-2 forms, since we have been in USA for year and 3 months now, but we never paid US taxes because of the E-2 visa status, we thought we were exempt. We filed an I-508 form with our AOS package, but now I see that we meet the substantial presence test and we are considered a us residents for tax purposes. We are employees on E-2 visa (treaty investor) and we don't have contracts with the US company, but with the parent company which is overseas where we actually are from and where we receive our salaries with taxes paid by the parent company, not the US one. (that is why we don't have W-2 forms, too) Do you think that it is going to be an issue and what should we reply on the interview, if asked?
Thanks in advance,