Is "a letter from your employer" required

[hello1 0]

We got my husband's friend as the joint sponsor. It will take another week to get the letter from his employer and it is not guaranteed. I feel that it is hard for me to wait any longer ( we thought we could get the letter today).

I notice that it seems that the letter is not REQUIRED.

The following items must be submitted with Form I-864:

For ALL sponsors:

A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file. Also include a copy of each and every Form 1099,Schedule, and any other evidence of reported income. You may submit this information for the most recent three tax years , pay stub(s) from the most recent six months, and/or a letter from your employer if you believe any of these items will help you qualify.

Also what is form 1099. We don't have his form 1099.

He currently has two jobs which make it enough for 125% above the poverty line. If he only gets the letter from one job, then does it make it bad since he gets about $600 less than 125% poverty line from that one job.

I have a pending job and this REF will make my job gone since they can not wait for me much longer.

Thank you very much for your help!

[Bobby+Umit 161]

A letter shows that your job is current - which the use to determine the "entire" work history.

They run it out for 5 years, according to their internal memos.

1099's are if you received money (say, for doing some side work for someone) and your not on their payroll.

The more information you can provide with your income (864) makes it easier for them to determine everything. (just like it says if you believe any of these items will help you qualify)

[hello1 0]

Thank you very much!

If he gets the letter from one job from which he gets about $600 less than the 125% of poverty line. Will it be ok? Or he needs to get a letter from his another job? We don't want to ask for too much from him...and also it will make it much longer.

Do you think it is ok that I send everything except for the letter to USCIS now and send the letter from his job when we get it, or is it better to wait to be able to send everything all together?

We are also thinking to get a lawyer but we feel we almost finished everything. We just want to make sure things would be fine. Thanks again.

We got my husband's friend as the joint sponsor. It will take another week to get the letter from his employer and it is not guaranteed. I feel that it is hard for me to wait any longer ( we thought we could get the letter today).

I notice that it seems that the letter is not REQUIRED.

The following items must be submitted with Form I-864:

For ALL sponsors:

A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file. Also include a copy of each and every Form 1099,Schedule, and any other evidence of reported income. You may submit this information for the most recent three tax years , pay stub(s) from the most recent six months, and/or a letter from your employer if you believe any of these items will help you qualify.

Also what is form 1099. We don't have his form 1099.

He currently has two jobs which make it enough for 125% above the poverty line. If he only gets the letter from one job, then does it make it bad since he gets about $600 less than 125% poverty line from that one job.

I have a pending job and this REF will make my job gone since they can not wait for me much longer.

Thank you very much for your help!

[trillium13 84]

We didn't send a letter from my employer when we sent in our AOS package. It wasn't required for that part. However, when we got our interview letter, it DID ask for a letter from my employer, so I got one. Did they look at it? No. But I was glad I had it in case. Just thought I'd let you know that, for future.

[Gary and Alla 3,694]

We got my husband's friend as the joint sponsor. It will take another week to get the letter from his employer and it is not guaranteed. I feel that it is hard for me to wait any longer ( we thought we could get the letter today).

I notice that it seems that the letter is not REQUIRED.

The following items must be submitted with Form I-864:

For ALL sponsors:

A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file. Also include a copy of each and every Form 1099,Schedule, and any other evidence of reported income. You may submit this information for the most recent three tax years , pay stub(s) from the most recent six months, and/or a letter from your employer if you believe any of these items will help you qualify.

Also what is form 1099. We don't have his form 1099.

He currently has two jobs which make it enough for 125% above the poverty line. If he only gets the letter from one job, then does it make it bad since he gets about $600 less than 125% poverty line from that one job.

I have a pending job and this REF will make my job gone since they can not wait for me much longer.

Thank you very much for your help!

No, it is not required. Recent check stubs work fine

1099 is a form used to report income to independent contractors (self employed) if you husband is employed by a compnay he will no thave this and does not need it.

No, both jobs count, letter or not. I presume he has w-2s or recent check stubs?

[Bobby+Umit 161]

Thank you very much!

If he gets the letter from one job from which he gets about $600 less than the 125% of poverty line. Will it be ok? Or he needs to get a letter from his another job? We don't want to ask for too much from him...and also it will make it much longer.

Do you think it is ok that I send everything except for the letter to USCIS now and send the letter from his job when we get it, or is it better to wait to be able to send everything all together?

We are also thinking to get a lawyer but we feel we almost finished everything. We just want to make sure things would be fine. Thanks again.

As Gary says, it's not really needed, if you can prove the total income of both jobs (with w-2/1040).

If you were to include letters, I would recommend both jobs to submit one, sending just one, from a job that makes less than the needed amount, would only lead to possible confusion with the USCIS.

If that isn't sufficient with what you send, you will get an RFE for more proof.

Edited June 3, 2009 by Bobby_Umit

[hello1 0]

Thank you！

We still did not get my cosponsor's employment letter yet, but now we have one of his recent pay stubs. From the pay stub, it shows that he has less income than the 125% above poverty line. We have his tax return and W2 from 2008. The income was sufficient. I was wondering if the pay stubs are just to show USCIS that he is currently working or they will still look into how much his income is. Is it wise that I only send USCIS his 2008 tax return, W2. I-864, copy of his green card, but not his pay stub. I need to mail out everything tomorrow. I feel that I can not wait anymore. Thank you very much for your time.

We got my husband's friend as the joint sponsor. It will take another week to get the letter from his employer and it is not guaranteed. I feel that it is hard for me to wait any longer ( we thought we could get the letter today).

I notice that it seems that the letter is not REQUIRED.

The following items must be submitted with Form I-864:

For ALL sponsors:

A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file. Also include a copy of each and every Form 1099,Schedule, and any other evidence of reported income. You may submit this information for the most recent three tax years , pay stub(s) from the most recent six months, and/or a letter from your employer if you believe any of these items will help you qualify.

Also what is form 1099. We don't have his form 1099.

He currently has two jobs which make it enough for 125% above the poverty line. If he only gets the letter from one job, then does it make it bad since he gets about $600 less than 125% poverty line from that one job.

I have a pending job and this REF will make my job gone since they can not wait for me much longer.

Thank you very much for your help!

[Gary and Alla 3,694]

We got my husband's friend as the joint sponsor. It will take another week to get the letter from his employer and it is not guaranteed. I feel that it is hard for me to wait any longer ( we thought we could get the letter today).

I notice that it seems that the letter is not REQUIRED.

The following items must be submitted with Form I-864:

For ALL sponsors:

A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file. Also include a copy of each and every Form 1099,Schedule, and any other evidence of reported income. You may submit this information for the most recent three tax years , pay stub(s) from the most recent six months, and/or a letter from your employer if you believe any of these items will help you qualify.

Also what is form 1099. We don't have his form 1099.

He currently has two jobs which make it enough for 125% above the poverty line. If he only gets the letter from one job, then does it make it bad since he gets about $600 less than 125% poverty line from that one job.

I have a pending job and this REF will make my job gone since they can not wait for me much longer.

Thank you very much for your help!

Employment letters are NOT required. Recent check stubs work great. Form 1099 is for self employed and/or contracted work. If your spouse has "regular employment" he receives a w-2, not a 1099. Some people receive one or the other or both. Just attach his w-2s and you are good to go.

Also one year tax return is that is required unless you WANT to attach 3 years. It is advantageous in some cases, but not most

[Gary and Alla 3,694]

Thank you！

We still did not get my cosponsor's employment letter yet, but now we have one of his recent pay stubs. From the pay stub, it shows that he has less income than the 125% above poverty line. We have his tax return and W2 from 2008. The income was sufficient. I was wondering if the pay stubs are just to show USCIS that he is currently working or they will still look into how much his income is. Is it wise that I only send USCIS his 2008 tax return, W2. I-864, copy of his green card, but not his pay stub. I need to mail out everything tomorrow. I feel that I can not wait anymore. Thank you very much for your time.

No, they WILL look at his pay stubs and if his CURRENT income is not sufficient you have a problem. Are you sure you are looking at GROSS income? Not "net" (after tax) income? They consider GROSS income, not "take home pay"

Does he have other sources of income which were reported on his taxes but not reflected in his pay stub? He should provide proof of those also. CURRENT income is much more important than tax returns, it is NOT necessary he made enough LAST year to qualify THIS year, but it is necessary he be making enough NOW.

[Nich-Nick 3,354]

1099s report income other than wages earned by working for an employer. Here's a few I can think of.

1099-R reports retirement/pension income

1099-INT reports interest income from investments

1099-DIV reports income earned from stock dividends

It's possible to have tens of thousands of dollars reported as income on a tax return from these sources, so that's why they always say W2s and 1099s. Not everybody has them and most have W2s.