I-134 Assurance of Support for non-salaried employee

[We Are Neat 0]

Hi all, was just hoping somebody might be able to give us a bit of advice for the AoS for our K-1 application.

My fiancée, the petitioner, is employed with an hourly rate and variable working hours according to how much work there is for her, i.e., she doesn't have a set yearly salary. However, when we add it up, we see that her "equivalent" income would be a bit over $30000 per year.

What would be the best thing to ask her employer to write in the letter? To put the hourly rate and indicate how much she has earned in total so far during the past financial year? Would that be appropriate?

Oh, also, is it required to have evidence of the value of her assets, e.g., for her car or life insurance?

Thank you for any advice you may have.

[YuAndDan 153]

Employer letter stating HR rate is fine.

On the I-134 simply take that HR rate and multiply by number of hrs per week, and by number of weeks per year worked to get current income number.

If income exceeds 125% of the poverty line, then don't bother with assets, it only gives the consular officer more questions to ask.

In our case this what the I-134 included.

• I-134 signed and notarized.
• Tax transcripts from the IRS for past 3 years, (Redundant for the (1040,W2,1099) but are free from the IRS
• Photo copy of IRS form 1040, and W2s for past 3 years
• Letter from my employer stating annual salary, job responsibility, and that is full time, on company letterhead.
• Photo copies of past 6 months pay stubs up to a few weeks before the interview.

If you list the asset things the consular officer then just has more to ask questions about and you will have to provide more financial evidence. I have bank accounts, 401k and other things but did not list them on the I-134.

[payxibka 10,045]

assets are not required if income is sufficient

If the employer writes YTD earnings in the letter will soon be stale and outdated....

If you are concerned, does your fiancee have pay "stubs" that show YTD earnings that can be provided closer to the interview date?

[Mononoke28 135]

Copies of pay stubs will definitely back up the hourly rate her HR department puts on the employment letter. Tax returns will show her salary as well.

Diana

[We Are Neat 0]

Thank you, YuAndDan, payxibka and Mononoke28, for your helpful responses.

I should have been a little more detailed in my original question, however, as it's a little complicated. This is a bit of a concern for us because we don't want to be asked too many hard questions at the interview. The situation is the following, and we would be so grateful for any advice and guidance on how we can get this sorted out.

Basically, she is on an hourly rate, serving at a restaurant. Her ytd earnings based only on the hourly rate do not get us over the 125% threshold. However, as she makes a lot on tips, which she declares, then all together it does satisfy the earnings requirement. That is, her payslips show both her hourly earnings and tips - the "gross pay" is the sum of these, which is above the threshold, but only after the tips are added in.

So, with the letter from her employer, all it could state is her hourly rate, plus "tips". She has payslips from various positions over the past three years, both at this company and others, and consistently earns about the threshold in terms of gross pay.

As of December 1, she will be in a new office position, at the same employer, with a significantly higher salary, more than enough to satisfy. Unfortunately, her employer is not very sympathetic or cooperative, and will not write that she will have this job until after she has started it, and this makes our life so much more difficult. We do not want to have keep waiting, waiting for this, and want to sort out our visa asap as we've already been waiting too long.

Please, please can anybody help us with the best thing to do?