W2 Issue - Urgent Help!!

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k12ven

Registered Users (C)
Hi,

We are in the process filing Tax return for 2004. Our I 485 employment based (under 245i) is pending at New York Local office for interview. Our Green Card case is filed through my Husband's employer. My husband has W2 for 8 months and 1099 for a month so total of 9 months he worked last year. I also work and I do have W2 for the whole year of 2004. We are worried about if there could be any problem at the time of interview if they find out that he had worked only 9 months not full year. He is still with the same company. Do they(INS) ask for W2 at the interview?

Thanks in advance for any help.
 
First of all, W-2 does not reflect how many months he worked last year. Secondly, if GC sponsorer is his current employer (assuming your hunband is the primary applicant) and all the recent paystubs are straight enough (pays decent salary; preferably close to LC salary) there should not be any issue.

Yes USCIS can ask for latest tax return, if they have doubt about employer's ability to pay. However, if his W2 salary comes to question, an explanation of three months leave (or something like that) should be good enough.
 
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k12ven said:
Hi,

We are in the process filing Tax return for 2004. Our I 485 employment based (under 245i) is pending at New York Local office for interview. Our Green Card case is filed through my Husband's employer. My husband has W2 for 8 months and 1099 for a month so total of 9 months he worked last year. I also work and I do have W2 for the whole year of 2004. We are worried about if there could be any problem at the time of interview if they find out that he had worked only 9 months not full year. He is still with the same company. Do they(INS) ask for W2 at the interview?

Thanks in advance for any help.
Click to expand...

Did he get 1099 from the same employer? What is visa status?
If you are not sure about what you are doing ask for the extension to file your tax returns.
 
Thanks very much for your reply. yes, my husband is the primary applicant and his sponsorer is the current employer. His employer pays less than the LC salary and company's lawyer knows about this and we also have sent the same salary info to USCIS so I am guessing that this is OK. one more thing we file the tax return Jointly.

you still don't see any issue?

Thanks in advance.
 
k12ven said:
Thanks very much for your reply. yes, my husband is the primary applicant and his sponsorer is the current employer. His employer pays less than the LC salary and company's lawyer knows about this and we also have sent the same salary info to USCIS so I am guessing that this is OK. one more thing we file the tax return Jointly.

you still don't see any issue?

Thanks in advance.
Click to expand...

If his salary is significantly lower than LC, there could be a problem and adjucator can doubt about employer's ability to pay. In general if his employer is a big company there should not an issue even if his salary is much lower and employer agrees to provide a letter (if required) that mentions that your hunband would be paid LC salary upon GC approval (since GC is for future employment). Things get complicated if employer is very small. Roughtly upto 10% less than LC salary is OK.
 
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