MUST you submit proof of employment for form I-864? OR JUST TAX FORMS? (new to this, and stressed!)

[leash5 3]

Hi,

I am new to this and waaay stressed, so hoping someone can help me out. My husband (US citizen) and I were married in the end of January. I am Canadian and have been working in the US on a TN visa. He was going to sponsor me for a green card immediately after our wedding, before my TN ran out, but we came home, and he was laid off!! We scrambled, and I found out he was not legally allowed to sponsor me on unemployment. I kept working past my TN expiry to make expenses...

He just found a job, which started this week, so I immediately quit my job, in hopes that only shortly overstaying my visa would look better.

Anyway, the only job he could find he took only so he could sponsor me-- it pays 1/4 what he was making, and is a 5 month job. It does make the poverty line though. (Our assets are not nearly enough for us not to be working).

Question: his offer letter states clearly that it is a job that is only 5 months. However, his employer has said if he does well, they may keep him on. I think submitting this letter of employment will hurt our chances!

I have read everywhere that you must submit an employment letter BUT:

On the USCIS site it says:

You may include evidence supporting your claim about your expected

income for the current year if you believe that submitting this

evidence will help you establish ability to maintain sufficient income.

You are not required to submit this evidence, however, unless

specifically instructed to do so by a Government official. For example,

you may include a recent letter from your employer, showing your

employer's address and telephone number, and indicating your

annual salary. You may also provide pay stub(s) showing your income for

the previous six months. Enter your current individual earned or

retirement annualincome that you are using to meet the requirements of

thisform and indicate the total on this line. 23. Current Individual

Annual Income.

Also, the employment letter is not listed on the checklist with the instructions.

Are his prior 3 years tax forms and W2s all he needs to submit?

Thank you!

Edited April 22, 2009 by leash5

[Nich-Nick 3,354]

If "a government official" needs to see more proof, then they will send you an RFE which will set you back a few weeks. It seems like they like they are accustomed to seeing at least second evidence like pay stubs or letter of employment, but it's your choice.

[leash5 3]

If "a government official" needs to see more proof, then they will send you an RFE which will set you back a few weeks. It seems like they like they are accustomed to seeing at least second evidence like pay stubs or letter of employment, but it's your choice.

thanks. well, another worry is he is just starting the job. his first pay period is not til may 15th and we want to get all this in the mail asap. i think if we get an RFE, at least he will have a few pay stubs by then. even if it sets us back, it seems it'll likely look better.

[Nich-Nick 3,354]

If "a government official" needs to see more proof, then they will send you an RFE which will set you back a few weeks. It seems like they like they are accustomed to seeing at least second evidence like pay stubs or letter of employment, but it's your choice.

thanks. well, another worry is he is just starting the job. his first pay period is not til may 15th and we want to get all this in the mail asap. i think if we get an RFE, at least he will have a few pay stubs by then. even if it sets us back, it seems it'll likely look better.

That's a good plan. Get your name in the system with a date while he's building a work history you can submit if asked.

Edited April 22, 2009 by Nich-Nick