Financial support question????

[Veronicali 0]

Hi everyone!

So, I'm getting ready for my interview - April 14 and am getting worried about a few things:

My husband works in construction and he is basically on call so, he has no paystubs since he was paid in cash for some of the jobs he's worked thus far. I do have a letter from his employer stating that he works full time and the wage amount per hour. It's a bit of a contradiction though since he hasn't been working 'full time' since the economy tanked.

We have a co-sponsor who filed their 2009 taxes jointly with his wife (he and his wife didn't file an I-864A so, we aren't using her income) and has sent me a copy of his W2 and 2009 taxes which is just above the 2009 poverty guidelines for a family of three (me included). Our co-sponsor has his own business so, I can't provide paystubs or a letter from his employer since he's the owner. I'm just getting worried that I can't provide enough financial support. Do they solely look at the co-sponsor's income and how will I explain that my husband doesn't get paystubs and is mostly paid in cash? Or do I?

Thanks again everyone!

[trailmix 77]

Basically they look at the entire picture. From a completely technical point of view, the joint sponsor's income which is over the 125% should suffice, however the purpose of the I-864 is to ensure you don't become a public charge - so they do - look at the whole thing.

The technical point:

Employment evidence:

(a) Except as provided in 9 FAM 40.41 N5.4 a(3)© and (d), below, if the information on the Affidavit of Support (AOS) and tax return establish that the sponsor's current income meets or exceeds the poverty guidelines for the year the sponsor submitted Form I-864 in support of the Immigrant U.S. Department of State Foreign Affairs Manual Volume 9 - Visas 9 FAM 40.41 Notes Page 25 of 38 Visa (IV) application, either by submitting to NVC directly or to post at the time of application, you must determine that Form I-864 is sufficient without requesting any further evidence. (See 9 FAM 40.41 Exhibit I, Poverty Income Guidelines.)

It then goes on to say that if the AOS shows income below the poverty guideline, at that point they should request evidence of:

(1) Current employment or self-employment; and

(2) Recent pay statements, a letter from the employer on business letterhead - showing dates of employment, wages paid, and type of work performed - or other

financial data.

The joint sponsor - i'm confused - you mention he has an employment slip (W2) - but you also mention he has his own business - so this is the W2 he issued to himself? His salary? Nothing to be done there if that is the case, his income is what it is and since he is paying himself - well - you should be able to discuss that at the interview, if it comes up.

As for your Husband's income - has he filed for 2009? If he included all his cash jobs - then they are on that tax return anyway, so nothing to explain really - his income is what it is. If you mean he has had several cash jobs this year, he should have some evidence of that, if you want to present it as well.

Edited April 10, 2010 by trailmix

[Veronicali 0]

Basically they look at the entire picture. From a completely technical point of view, the joint sponsor's income which is over the 125% should suffice, however the purpose of the I-864 is to ensure you don't become a public charge - so they do - look at the whole thing.

The technical point:

It then goes on to say that if the AOS shows income below the poverty guideline, at that point they should request evidence of:

(1) Current employment or self-employment; and

(2) Recent pay statements, a letter from the employer on business letterhead - showing dates of employment, wages paid, and type of work performed - or other

financial data.

The joint sponsor - i'm confused - you mention he has an employment slip (W2) - but you also mention he has his own business - so this is the W2 he issued to himself? His salary? Nothing to be done there if that is the case, his income is what it is and since he is paying himself - well - you should be able to discuss that at the interview, if it comes up.

As for your Husband's income - has he filed for 2009? If he included all his cash jobs - then they are on that tax return anyway, so nothing to explain really - his income is what it is. If you mean he has had several cash jobs this year, he should have some evidence of that, if you want to present it as well.

Hi Trailmix

Yes, he has a 1099 and a small amount on W2 for 2009. As for this year the only evidence I have are his bank statement(s) showing cheque deposits and the employment verification letter stating his hourly wage.

As for the co-sponsor, yes, he issued the W2 for himself (I guess)