Letter from Employer?

[Shawna and James 4]

We are so frustrated!

We sent out my IV Package this morning, and have been waiting on his AOS to get his 2008 info from the IRS. It came in the mail today so he is finishing assembling the AOS packet to mail out. Our question is this, it says "Original letter of employment" on required documents for the AOS packet. He's pretty sure he can get one from his Boss no problem, but his father's company isnt being very cooperative. His father is our co-sponsor. Is it something we absolutely need? What should we do if he asks again and they refuse?

thanks!

[Brusik 11]

I didn't realize there was a requiremnet on who writes the letter..Why do you need 2 letters?? I think they are looking for current employmment just to verify you are working...

HR department will write my letter, but I don't see why a supervisor can't write it..Just make sure you have a company letterhead....if this is at all possible..

[Shawna and James 4]

I didn't realize there was a requiremnet on who writes the letter..Why do you need 2 letters?? I think they are looking for current employmment just to verify you are working...

HR department will write my letter, but I don't see why a supervisor can't write it..Just make sure you have a company letterhead....if this is at all possible..

I assumed we needed two because I have my husband as a sponsor (so he needs one from his work), and my father in law as a co-sponsor (which would also mean he needs one0...

my father in law is going to try and request again when his company he works for opens on Tuesday. I'm just worried about what to do if they say no again.

[caly 48]

From what I know, the employment letter is NOT a requirement.

From page 7 of the I864 instructions:

You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income. You are not required to submit this evidence, however, unless specifically instructed to do so by a Government official. For example, you may include a recent letter from your employer, showing your employer's address and telephone number, and indicating your annual salary.

But I do believe it's always better to cover all bases when you can. The other thing you could do is to provide pay stubs from the last 6 months in lieu of the employment letter.

[Brusik 11]

I assumed we needed two because I have my husband as a sponsor (so he needs one from his work), and my father in law as a co-sponsor (which would also mean he needs one0...

my father in law is going to try and request again when his company he works for opens on Tuesday. I'm just worried about what to do if they say no again.

I didn't understand you had two sponsors.. So I would say 2 letters is appropriate

[Brusik 11]

From what I know, the employment letter is NOT a requirement.

From page 7 of the I864 instructions:

But I do believe it's always better to cover all bases when you can. The other thing you could do is to provide pay stubs from the last 6 months in lieu of the employment letter.

The I-864 is known as the Affidavit of Support. It's proof that the petitioner and/or co-sponsors can afford to support the beneficiary.

I saw the employment letter was listed in the to do of the I-864

I-864 [6] completed & signed by petitioner which is the Main Sponser(ORIGINAL)-- View Sample of Completed Form [7]

IRS Tax information - 1 year is required, up to 3 years may help.

Tax Transcripts, optional but may help. Call the IRS to get it FREE! 1 (800) 829-1040

W-2s and/or 1099s

1040 from most recent tax year

Pay stubs for current year (6 months should do)

Employment letter showing your income and position.

Make sure that position/title is consistent on all forms.

Co-Sponsor in same HouseHold: I-864A and all Tax information as above

Co-Sponser NOT in same HouseHold: I-864 and all Tax information as above

The petitioner must ALWAYS submit an I-864....even if there's zero income.

[caly 48]

The instructions for the I-864 form says that there is no such requirement. In fact, the accompanying checklist to the I-864 form (which is found on the last page of the instructions for filling out form I-864, Affidavit of Support) says this:

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.

However, I do see that the following is listed on the NVC's website under Affidavit of Support, Form I-864, Checklist

2. Ensure that evidence of current employment or self-employment including a recent pay statement, or a statement from your employer on business stationery, is attached. A letter from your employer must show the date you began employment, the type of work done, and your income.

So, regardless whether additional proof of income is necessary or not, the pay stubs should be a good enough alternative to the letter of employment.