AOS Pay Stubs: Lawyer Advice

[bobby_kvisa 7]

Out of curiosity I have noticed that many lawyers recommend sending only the most recent paystubs with the Affidavit of Support package. In general I have noticed that they usually recommend using the last 3 paystubs - and then taking another 3 recent paystub set for the interview.

Here on this site however VJ generally recommends using about 6 months of pay stub history.

I just wanted to understand the reason why lawyers would recommend using only 3 paystubs for the Affidavit of Support ?

[LotofPatience 65]

Out of curiosity I have noticed that many lawyers recommend sending only the most recent paystubs with the Affidavit of Support package. In general I have noticed that they usually recommend using the last 3 paystubs - and then taking another 3 recent paystub set for the interview.

Here on this site however VJ generally recommends using about 6 months of pay stub history.

I just wanted to understand the reason why lawyers would recommend using only 3 paystubs for the Affidavit of Support ?

From Adjudicator’s Field Manual (http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2006/affsuppafm062706.pdf), the quote is below:

(2) Job Letters and Proof of Income. Pay stub(s) showing income for the most recent 6 months and letters from all current employers are no longer required as initial evidence. The applicant, however, may submit either or both of these items (1) in response to a request for additional evidence (RFE), or (2) with a Form I-864 if the applicant believes doing so would help establish that the sponsor meets the governing income/assets threshold. If submitted, letters from current employers should show dates of employment, the nature of the job, wages or salary earned, number of hours/weeks worked, and prospects for future employment and advancement. It should be sufficient for the employer to say that the employment is of indefinite duration or words of similar effect. Promises of future employment are not required.

Loto

[bobby_kvisa 7]

Ok thanks.

Then on the flipside of things - what is the reason why the VJ site recommends sending 6 months of Pay Stubs and the Employment letter (both).

[msd 3]

That's because VJ generally supports the theory that you can NEVER send enough evidence of financial history to NVC. If you only send the minimum the embassy might decide they need more evidence. For example an employment letter could state that your SO will continue to earn the amount of money indicated in the pay stub, etc and declare him/her a very valuable employee which would show the person evaluating all those things that it's likely they will keep the job for a long time and will be able to support the immigrant financially.

The 6 recent pay stubs will indicate that a consistent sum of money has been earned over a consistent amount of time.

Make sense?

It's just better to NOT have to bring more evidence after the interview because it delays the issuing of a visa. And who would want that?

You can of course go by what your lawyer says and be lucky and get the visa just as easily. It all depends on the person reviewing your paperwork.

[LotofPatience 65]

Ok thanks.

Then on the flipside of things - what is the reason why the VJ site recommends sending 6 months of Pay Stubs and the Employment letter (both).

Some people will have hard time with their IRS tax transcripts to overcome the poverty lines. VJ recommends 6 months paystubs and employment letter for those, as a general guideline.

Loto