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As it relates to my affidavit of support, is it mandatory for my petitioner and my joint sponsor to submit a copy of form 1099?

Hagerstown, MD |
Filed under: Tax law

Both petitioners already have their W-2s and the related form 1040. According to them they have never seen form 1099 before and both thinks that it won't be necessary since all their income and employment info are already stated on the 1040 and W-2s. I would like to know if it is mandatory to submit the aforementioned form (1099) and if so , what is its purpose?

Attorney Answers 4

Posted

A 1099 form is the equivalent of a W-2 form for someone who is self-employed. If the petitioner and joint sponsor are employed by someone else and receive W-2 forms, they won't have 1099 forms.

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Posted

If they have never been independent contractors they would never have been given 1099 forms. They were probably employees who are only issued W2 forms which are sufficient

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Asker

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Thanks for your clarification on the matter.

Posted

Form 1099 is given by employers to "independent contractors" , those the employer does not consider employees on payroll. It does not apply to you in your situation since with your W2s on hand you prove you are full-fledged employees on EMPLOYER'S payroll. One is usually required to furnish either a W2 or 1099, bit never both.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Thanks for your much helpful advice!

Posted

No. People either get a W2 if they are employees or 1099s if they are contractors. Therefore if they have W2s that is all that is required.

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