I-864 support question

[Kri Fartida 0]

i recently posted a question about this but my situation has changed.

i got hired for a full time position, and i have an official cover letter from the hiring company that lists my pay rate and benefits.

generally if my basic start rate is calculated per week X52 it is easily above the guide lines.

1. is this letter enough? i will only be starting at this position in a few days? should i add a small simple cover letter explaining my calculation of the yearly income?

2. does the guide line refer to NET income? should i be concerned about what tax deduction will be made out of my pay?

3. do i still need to send in previous years tax statements?

thanx all!

Edited July 5, 2010 by Kri Fartida

[payxibka 10,045]

i recently posted a question about this but my situation has changed.

i got hired for a full time position, and i have an official cover letter from the hiring company that lists my pay rate and benefits.

generally if my basic start rate is calculated per week X52 it is easily above the guide lines.

1. is this letter enough? i will only be starting at this position in a few days? should i add a small simple cover letter explaining my calculation of the yearly income?

2. does the guide line refer to NET income? should i be concerned about what tax deduction will be made out of my pay?

3. do i still need to send in previous years tax statements?

thanx all!

1) it is good information on your future earnings

2) gross income

3) yes, at least one year's return

[Kri Fartida 0]

1) it is good information on your future earnings

2) gross income

3) yes, at least one year's return

for #1 - does that mean it is enough?? or not?

also, when we filed for the K-1 2 years ago i was a full time student and had a co sponsor. i not longer need one. does this make a difference, as in do i need to still use the co sponsor if he is on the initial application?

[trailmix 77]

for #1 - does that mean it is enough?? or not?

also, when we filed for the K-1 2 years ago i was a full time student and had a co sponsor. i not longer need one. does this make a difference, as in do i need to still use the co sponsor if he is on the initial application?

No one can tell you if it is enough or not. That will be up to the CO on the day of the interview. In general, if your current income is solid, it shouldn't be a problem. They look at your overall financial picture. If your income was low in prior years, due to you being a student, it can't hurt to include a short note stating that.

No, you don't need to include the cosponsor.

Edited July 5, 2010 by trailmix

[payxibka 10,045]

for #1 - does that mean it is enough?? or not?

also, when we filed for the K-1 2 years ago i was a full time student and had a co sponsor. i not longer need one. does this make a difference, as in do i need to still use the co sponsor if he is on the initial application?

Is it enough for what? Is it enough to document your future earning? If it is all you have then in has to be... if you have "pay stubs" that support the offer letter after you begin working, then that is even better...

The I-134 and the I-864 are two different affidavits for two different purposes... just because you had something two years ago (situation "A") does not mean you still need to follow it today (situation "B"). Look at each situation independently and provide the required info based on the situation as it exists at the time of filing. For you and the I-864 that is the situation as of TODAY

[JimVaPhuong 4,863]

The I-864 is less discretionary than the I-134 because you have a clear threshold you have to meet. However, it's still discretionary in the respect that you have to prove you've met the threshold with evidence. If the evidence is determined to be insufficient proof, then the affidavit can still be rejected and you could still be required to get a joint sponsor.

The most compelling evidence is the most recent year's tax return. For this reason it is always required. See page 8, part 6, section 25 of the I-864 instructions. Anything else you provide is considered optional evidence. Since you won't qualify based on your tax return alone, your affidavit won't be sufficient without some of this optional evidence. See page 7, part 6, section 23 for some examples of what you can use to prove your "current individual annual income".

What you need to prove is that you can maintain your income at the level required to qualify you as a sponsor. This is where we delve into speculation - what is enough to prove this to the immigration officer who will be reviewing your affidavit? Anything that anyone tells you (including me) is going to be an opinion, based either on their own experience or the experience of others, and sometimes just pure speculation.

In my opinion (for what it's worth) a letter of employment alone is far short of being adequate evidence that you either have sufficient current income, or that you will be able to maintain sufficient annual income to qualify. At a minimum, I would think you'd need some pay stubs to prove you were actually bringing in the wages stated in the employment letter.

Many states have a mandatory probationary period for new employees. 90 days is typical. During this period, the employer can terminate the employment of the employee without cause. Many employers hire two or three times as many employees as they will ultimately need so that they can weed out the marginal workers before their probationary period ends. Thinking with my imaginary immigration officer's cap on, I would be reluctant to accept as 'fact' any proof of income from someone who was still within their probationary period as being proof they were likely to be able to maintain that level of income, since I knew that their employment could be terminated at any time without cause. I would want to see some evidence to assure me that the income is stable, and is likely to remain stable for the foreseeable future.

In my opinion (again, for what it's worth), you should submit a joint sponsor. I think there's a risk you'll either get an RFE for one, or you'll be asked to provide one at the interview before they'll issue a green card.

[Kri Fartida 0]

The I-864 is less discretionary than the I-134 because you have a clear threshold you have to meet. However, it's still discretionary in the respect that you have to prove you've met the threshold with evidence. If the evidence is determined to be insufficient proof, then the affidavit can still be rejected and you could still be required to get a joint sponsor.

The most compelling evidence is the most recent year's tax return. For this reason it is always required. See page 8, part 6, section 25 of the I-864 instructions. Anything else you provide is considered optional evidence. Since you won't qualify based on your tax return alone, your affidavit won't be sufficient without some of this optional evidence. See page 7, part 6, section 23 for some examples of what you can use to prove your "current individual annual income".

What you need to prove is that you can maintain your income at the level required to qualify you as a sponsor. This is where we delve into speculation - what is enough to prove this to the immigration officer who will be reviewing your affidavit? Anything that anyone tells you (including me) is going to be an opinion, based either on their own experience or the experience of others, and sometimes just pure speculation.

In my opinion (for what it's worth) a letter of employment alone is far short of being adequate evidence that you either have sufficient current income, or that you will be able to maintain sufficient annual income to qualify. At a minimum, I would think you'd need some pay stubs to prove you were actually bringing in the wages stated in the employment letter.

Many states have a mandatory probationary period for new employees. 90 days is typical. During this period, the employer can terminate the employment of the employee without cause. Many employers hire two or three times as many employees as they will ultimately need so that they can weed out the marginal workers before their probationary period ends. Thinking with my imaginary immigration officer's cap on, I would be reluctant to accept as 'fact' any proof of income from someone who was still within their probationary period as being proof they were likely to be able to maintain that level of income, since I knew that their employment could be terminated at any time without cause. I would want to see some evidence to assure me that the income is stable, and is likely to remain stable for the foreseeable future.

In my opinion (again, for what it's worth), you should submit a joint sponsor. I think there's a risk you'll either get an RFE for one, or you'll be asked to provide one at the interview before they'll issue a green card.

thanx!

this was very helpfull and clear advice. i guess all this stuff is so complicated that everything needs to be spelled out to me all the time.

i will try and get my co sponsor to sign yet again, just for safety.

thanx again

Omer