Letter of employment - need to be notarized?

[laura428 0]

My husband will be taking a letter confirming his employment with him to his interview. (This is a position that he currently holds in Canada but will maintain during and after our move to the States - confirms his US-based position and US salary.) After speaking with Montreal, I was told that although it may not help with financials (as his current income is Canadian... not sure why it wouldn't help with US as it is guaranteed US income once we move there, but I digress...), it WILL help with establishing domicile as it shows intent to secure employment in the States.

I plan on calling Montreal tomorrow, but in case I miss the 2-4:30 calling time, thought I'd post here quickly... does anyone know if said letter needs to be notarized by his employer? Or will a simple signed letter on company letterhead suffice?

Also... there is a possibility of my husband pursing an opportunity (currently contract work) as more of a full-time venture. It would mean, however, giving up his current position. The contract work is based in the States, and the company rep has agreed to write the same kind of letter of confirmation for my husband. However, I'm wondering if this would hold the same weight as a letter confirming employment from someone he's been with for three years already...? Again, this is an issue of domicile, not finances (which are already taken care of by both assets and back-up joint sponsors)... would length of employment be at issue here? Or is it just confirmation of US employment they're looking for?

Edited July 17, 2006 by laura428

[AussieDude 0]

Don't quote me on this, but I believe with the latest changes, you may not need to show proof of current employment. I believe the previous year's tax return is now sufficient.

HOWEVER, it never hurts to show more than you need, and indeed some consulates still insist on previous 3 year's tax returns as well as a letter from the employer. Also, I just realised that your husband is currently working in Canada and probably does his tax returns there, so he may need that letter after all (Sorry I keep going round in a circle!).

I've wrestled a little with this question myself because the nature of my fiancees work is such that everyone in her industry works as a freelancer. She makes decent money, but there is no permanent employer to speak of. In a way she is self-employed, and I believe self-employed people may be able to write a letter on their own behalf. I'm deliberately mentioning this as the contract work you are talking about with your husband may be considered self-employed and he may be able to write a letter on his own behalf.

Anyway, sorry about any confusion, post up your experience on the board when you find out.

AussieDude

[laura428 0]

Don't quote me on this, but I believe with the latest changes, you may not need to show proof of current employment. I believe the previous year's tax return is now sufficient.

HOWEVER, it never hurts to show more than you need, and indeed some consulates still insist on previous 3 year's tax returns as well as a letter from the employer. Also, I just realised that your husband is currently working in Canada and probably does his tax returns there, so he may need that letter after all (Sorry I keep going round in a circle!).

I've wrestled a little with this question myself because the nature of my fiancees work is such that everyone in her industry works as a freelancer. She makes decent money, but there is no permanent employer to speak of. In a way she is self-employed, and I believe self-employed people may be able to write a letter on their own behalf. I'm deliberately mentioning this as the contract work you are talking about with your husband may be considered self-employed and he may be able to write a letter on his own behalf.

Anyway, sorry about any confusion, post up your experience on the board when you find out.

AussieDude

I do know for a fact that Montreal only requires the most recent tax return, as I confirmed this with them via phone. But again, we're not concerned about the letter for financial purposes, but for proof of domicile. And since this seems to be such an important issue, I want to make sure that we know whether or not that letter needs to be notarized. It would just kill us if that was the one thing missing at the interview...

Maybe I'll have him write up a letter detailing his contract work, and back it up with the letters from his clients... IF he decides to go that route. In that case, I'd assume he would not have to get it notarized. Hmmm... that brings up the question of whether or not his CLIENTS' letters need to be notarized as well. Yeeeesh.

[AussieDude 0]

Ah yes, I understand why you were concerned about showing some tie to the US. That issue of domicile is something that USCIS is going to have to decide on. On the one hand, some US consulates will not allow USCs to file for DCF unless they are a resident of that country, but on the other hand they require the USC to show that they have a residence in the US.

I'm a little confused though Laura. Since you indicate that your home town is South Bend, Indiana (home of one my favourite college teams, the Fighting Irish), aren't you the one that has to prove domicile rather than your husband?

AussieDude

[zyggy 9]

To answer you question.. no it does not need to be notarized... In fact, nothing need to anymore...

P.S. Did you get those consular records of birth...

[laura428 0]

Ah yes, I understand why you were concerned about showing some tie to the US. That issue of domicile is something that USCIS is going to have to decide on. On the one hand, some US consulates will not allow USCs to file for DCF unless they are a resident of that country, but on the other hand they require the USC to show that they have a residence in the US.

I'm a little confused though Laura. Since you indicate that your home town is South Bend, Indiana (home of one my favourite college teams, the Fighting Irish), aren't you the one that has to prove domicile rather than your husband?

AussieDude

I know, the fact that I am required to show permanent residency in Canada to qualify for DCF filing, but then am also required to show domicile in the States is a little frustrating. The only things I have in the States showing ties are a few bank accounts in my name, both of which have been sent to my parents' address for the last five years. I'm a stay at home mom, so no US employment confirmation for me. When I talked to Montreal, however, I was told that these really meant nothing, but that showing my husband's employment letter, along with listing our house (selling would be better), should be sufficient, but that it was up to the particular officer my husband talks to.

Go Irish!

To answer you question.. no it does not need to be notarized... In fact, nothing need to anymore...

P.S. Did you get those consular records of birth...

Thanks Zyggy. And I knew you were going to ask me about the consular records of birth. If it were just me who needed to go, they'd be done by now. But because my husband needs to be present as well, and because he's shouldering a ridiculously busy full-time job plus two contract jobs, no, we haven't gone yet. But I'm not worried, still plenty of time. We've got seven weeks until the interview, plus a good month after that before we leave for the States. I've been told that the records should be available to us the next day, so we're still ok.

Don't worry... we won't forget.

[zyggy 9]

Ah yes, I understand why you were concerned about showing some tie to the US. That issue of domicile is something that USCIS is going to have to decide on. On the one hand, some US consulates will not allow USCs to file for DCF unless they are a resident of that country, but on the other hand they require the USC to show that they have a residence in the US.

I'm a little confused though Laura. Since you indicate that your home town is South Bend, Indiana (home of one my favourite college teams, the Fighting Irish), aren't you the one that has to prove domicile rather than your husband?

AussieDude

I know, the fact that I am required to show permanent residency in Canada to qualify for DCF filing, but then am also required to show domicile in the States is a little frustrating. The only things I have in the States showing ties are a few bank accounts in my name, both of which have been sent to my parents' address for the last five years. I'm a stay at home mom, so no US employment confirmation for me. When I talked to Montreal, however, I was told that these really meant nothing, but that showing my husband's employment letter, along with listing our house (selling would be better), should be sufficient, but that it was up to the particular officer my husband talks to.

Go Irish!

To answer you question.. no it does not need to be notarized... In fact, nothing need to anymore...

P.S. Did you get those consular records of birth...

Thanks Zyggy. And I knew you were going to ask me about the consular records of birth. If it were just me who needed to go, they'd be done by now. But because my husband needs to be present as well, and because he's shouldering a ridiculously busy full-time job plus two contract jobs, no, we haven't gone yet. But I'm not worried, still plenty of time. We've got seven weeks until the interview, plus a good month after that before we leave for the States. I've been told that the records should be available to us the next day, so we're still ok.

Don't worry... we won't forget.

Hey Laura...

If I were you I wouldn't wait much longer.. I would get it done in the next few weeks or so and you definitely need to have it done by the interview... (they could ask why you didn't petition for the children as well and hold you up until you get them) you never know when their workload may suddenly get busy or there might be any unexpected snags. Remember, in the US Government's eyes.. they are not seen as citizens until you get the Consular Records or apply for a passport....

In addition, you can't get them once you've moved to the US and the process gets much more bureaucratic, expensive and more cumbersome.

This is one case where you husband is going to have to bite the bullet, take the time and get down there... This is case where procrastination could cost you...

Edited July 17, 2006 by zyggy

[meauxna 15]

Ah yes, I understand why you were concerned about showing some tie to the US. That issue of domicile is something that USCIS is going to have to decide on. On the one hand, some US consulates will not allow USCs to file for DCF unless they are a resident of that country, but on the other hand they require the USC to show that they have a residence in the US.

I'm a little confused though Laura. Since you indicate that your home town is South Bend, Indiana (home of one my favourite college teams, the Fighting Irish), aren't you the one that has to prove domicile rather than your husband?

AussieDude

I know, the fact that I am required to show permanent residency in Canada to qualify for DCF filing, but then am also required to show domicile in the States is a little frustrating. The only things I have in the States showing ties are a few bank accounts in my name, both of which have been sent to my parents' address for the last five years. I'm a stay at home mom, so no US employment confirmation for me. When I talked to Montreal, however, I was told that these really meant nothing, but that showing my husband's employment letter, along with listing our house (selling would be better), should be sufficient, but that it was up to the particular officer my husband talks to.

laura,

You have already done the DCF---you don't have to worry about showing yourself as a Can rez so much at the moment.

Now, you need to show your US domicile (or plans to re-establish it) to qualify as the Sponsor for the I-864. It occurs to me that either of the two letters you mention show a clear intent to be residing in the US.

I don't think any of the letters needs to be notarized.

Now go look for my thread in the Citizenship forum you guys!

[Yodrak 7]

AussieDude,

How is the USCIS going to get involved in this?

Yodrak

Ah yes, I understand why you were concerned about showing some tie to the US. That issue of domicile is something that USCIS is going to have to decide on. ...

AussieDude

[blahblah 0]

hey laura...

kara, here. just wanted to jump in on the reports of birth abroad - i didn't have to bring blaine with me to the consulate (i was just there last week), and the actual report isn't mailed to you until about 4-6 weeks later. they do, however, give you a receipt showing that you have requested the report of birth abroad.

i'd recommend going first thing in the morning - i was there at 8:30am, and done by 9:30. last year, when i took my oldest, i didn't arrive until around 10am, and didn't get out until after 1pm. you spend the bulk of your time waiting (or in my case, walking with the baby!). and even though they say no strollers, i saw people with HUGE strollers, purses, diaper bags, etc. i had everything i needed loaded in my jacket (and a sling over my shoulder).

have fun!

kara

To answer you question.. no it does not need to be notarized... In fact, nothing need to anymore...

P.S. Did you get those consular records of birth...

Thanks Zyggy. And I knew you were going to ask me about the consular records of birth. If it were just me who needed to go, they'd be done by now. But because my husband needs to be present as well, and because he's shouldering a ridiculously busy full-time job plus two contract jobs, no, we haven't gone yet. But I'm not worried, still plenty of time. We've got seven weeks until the interview, plus a good month after that before we leave for the States. I've been told that the records should be available to us the next day, so we're still ok.

Don't worry... we won't forget.

[laura428 0]

hey laura...

kara, here. just wanted to jump in on the reports of birth abroad - i didn't have to bring blaine with me to the consulate (i was just there last week), and the actual report isn't mailed to you until about 4-6 weeks later. they do, however, give you a receipt showing that you have requested the report of birth abroad.

i'd recommend going first thing in the morning - i was there at 8:30am, and done by 9:30. last year, when i took my oldest, i didn't arrive until around 10am, and didn't get out until after 1pm. you spend the bulk of your time waiting (or in my case, walking with the baby!). and even though they say no strollers, i saw people with HUGE strollers, purses, diaper bags, etc. i had everything i needed loaded in my jacket (and a sling over my shoulder).

have fun!

kara

Hey Kara! I'm so glad you posted this... how is it that two people can go through the same consulate and get completely conflicting information? What's even stranger is that when we went to file Brian's I-130, we were told, and quite adamantly, that Brian absolutely must be there when we file for the kids' consular records of birth. And when we got there, we were told that we had to check our stroller, along with our electronic devices, at the copy center on the first floor. Oy vey... Maybe they've eased up a bit on things since we filed. Ahhh well, thankfully Brian's already slotted a morning to go, so we should be ok.

We're actually heading to Black's this weekend to get the photos done, for the kids' passports and for Brian (for his medical) and me (for my citizenship). Did you have to take the kids there? The license branch told us that they don't do kids' photos anymore. Then as long as that gets done this weekend, we'll head to the consulate sometime early next week. Sounds like we may not have the actual records before Brian's interview, but should definitely have them before the move. And at least we'll have the receipts in the interim.

Wait... Blaine's interview is today, isn't it??? Wow - how exciting!!!!!!! Let me know how everything goes!!

[blahblah 0]

so weird. i guess it's best that brian is able to go to the consulate. i guess i'm lucky that they didn't ask blaine to be there.

i didn't get the kids' passports yet - i'll do that once i get to the states. getting around to getting to reports of birth abroad was enough of a chore.

black's takes good photos - that's where blaine got his done, and they knew exactly what they were doing.

blaine's interview is in just a few hours. i'm nervous! but i really can't imagine why he'd be denied. still, there will be that lingering doubt until i know for sure that he has it. it's going to be a restless night, methinks.

i'll post on the canada board once i get word from him.

Hey Kara! I'm so glad you posted this... how is it that two people can go through the same consulate and get completely conflicting information? What's even stranger is that when we went to file Brian's I-130, we were told, and quite adamantly, that Brian absolutely must be there when we file for the kids' consular records of birth. And when we got there, we were told that we had to check our stroller, along with our electronic devices, at the copy center on the first floor. Oy vey... Maybe they've eased up a bit on things since we filed. Ahhh well, thankfully Brian's already slotted a morning to go, so we should be ok.

We're actually heading to Black's this weekend to get the photos done, for the kids' passports and for Brian (for his medical) and me (for my citizenship). Did you have to take the kids there? The license branch told us that they don't do kids' photos anymore. Then as long as that gets done this weekend, we'll head to the consulate sometime early next week. Sounds like we may not have the actual records before Brian's interview, but should definitely have them before the move. And at least we'll have the receipts in the interim.

Wait... Blaine's interview is today, isn't it??? Wow - how exciting!!!!!!! Let me know how everything goes!!