AOS Interview but job situation has changed. Help!

[RUSSandRACHEL 3]

Hi there everyone,

This morning I have receieved the 'request to appear for an interview' for my application for AOS. The date it will be on is the 22nd November. However, I am a bit concerned about my husbands financial information in relation to the Affadavit of Support.

When we initially filed the application in August, my husband was employed full time by Petco (and met the poverty guidelines no problem) and we sent all payslips, tax returns and employers letter etc, to confirm that.

Since then, he has started working for his friend who runs his own company. This is a very relaxed arrangement - he pays him checks in person or deposits into his bank account twice a month. He doesn't give him payslips, nor does he make any deductions for tax on his behalf, from my husband's salary. His employer said at the time of taking him on that Russ would have to file a 1099 himself at the end of the tax year (I think this is because his boss is a bit of a wheeler and dealer and is trying to get out of the responsibilty of having to pay tax on his behalf like a normal company). However, his boss is very understanding about our situation with immigration and I don't think there'll be any problem in asking him to produce a letter confirming his employment with the company. By the way, he now earns more than his initial sitituation working for Petco, so still exceeds the poverty guideline amount.

So, what about the payslips? I'm sure that his boss would be able to draw something up, but what about the tax contributions? Will USCIS be happy to accept that he will be filing his own 1099 at the end of the year? What should we do?! Any advice would be greatly appreciated! I'm really stressing out now!

[HeatDeath 430]

I would try not to worry about it. USCIS are not the tax police. They like the tax forms becuase they are clear and unambiguous documentation of income. If you can provide clear and unambiguous documentation of income, they'll be happy.

In addition to whatever your husband's employer can throw together in terms of payslips, a nice letter, ideally on company letterhead, stating his employment arrangement and yearly income would be useful. I would also bring in bank statements showing semi-regular deposits of amounts that, multiplied out to a year, would put him over the poverty guideline minimums. You should be prepared to show the canceled cheques as well.

As I said, USCIS are looking for documentation, as clear, unambiguous, and official as possible, that your sponsor has income above 125% of the poverty guidelines and that you will therefore probably not become a public charge. Tax forms are the best, most concise way to show this, but they are not the only way.

[Y&E 12]

It sounds like your husband's boss considers him to be a self-employed contractor working for the company. He should state this in the letter and if queries about tax come up then your husband can tell CO that he intends to file his 1099 at the end of the tax year in that capacity. That's what I'd ask the employer to put in the letter too, as well as financial info and period of employment.