I-864 - placement nature of sponsor's job [K1 visa]

[simonschus 58]

Hi all,

Another question today but thought I'd keep them separate due to slightly different focus.

My US partner is employed in healthcare and starts a new work placement every 3 to 6 months. She signs a new contract when she accepts a new placement, which means that all of her employment contracts are temporary because that are fixed-term. Her job is in very demand and so she won't have any trouble finding her next placement at all. She is usually offered 3 to 4 placements nearing the end of her contract, and her company then pays for her to go anywhere in the US. She earns more than the 125% poverty threshold.

We'll be getting married soon enough on our K-1 visa, and trying to consider potential issues for the I-864 affidavit of support when submitting for adjustment of status. For the I-864, the guidance documents state that we should provide a letter from her employer needs to state whether her job is permanent/temporary. I assume that the letter must state that her employment is temporary otherwise we'd get an RFE.

Do we need to ask her employer to explain the nature of her work being placement-based, and that they anticipate that she will begin a new contract at the end of her current placement? Is there anything else we could provide which could avoid her placement-based job causing a rejection of the I-864?

Simon.

[LORIEandPHIL 123]

If you can get a letter stating that she will get a new placement everytime one ends then get one. But the fact her tax returns will show she has always been employed, and that she makes enough to sponsor you now should be good enough.

[simonschus 58]

Thanks for your advice, LORIEandPHIL. Yes, the tax transcripts and W2s should show that. Once a year, there is a gap in employment for a month or two (so she/we can vacation or sort out house moves) but she still makes over the 125% amount. She is also thinking about changing her employer to another company which operate in exactly the same way which would be around the just before the I-864 would be being sent off.

Nonetheless, I'm mostly concerned about the letter saying 'temporary' employment and her employer being unwilling to state that she will get a new placement whenever the previous one finishes.

If anybody has any other comments or advice about how we could strengthen the argument so as to not receive RFEs then please do let me know

Edited January 30, 2016 by simonschus

[simonschus 58]

Hi all,

I'm hoping to continue the discussion about temporary placements/assignments. I'm trying to minimise the USCIS sending an RFE or rejecting our I-864 based on my partner having a placement/assignment-based job which is technically temporary. Her job is temporary because she gets a new contract at the end of each placement lasting around 3 to 6 months at a time, albeit the new contract isn't strictly guaranteed.

For the I-864, I've gathered the following documentation which I hope will appease that USCIS that the temporary nature of her employment isn't an issue:

- Three years of tax transcripts showing an income of either >$50,000 or >$60,000 each year.

- Paystubs showing a weekly income of >$1000 after tax

- A bank letter indicating income of >$60,000 hitting her account in the last 12 months (and currently $4,000 in her checking and $5,000 in savings)

- A letter from her employer indicating her hourly wage, and the number of hours worked per week letter (this has not been converted into an annual amount)

- A separate letter from her employer indicating that her placements are 3 to 6 months long, and that the market means that her job is in high demand and so that there should be no issues in her getting another placement.

- Notably, she has only been with her current employer for 6 months. However, her new employer has exactly the same arrangement as her previous employer both in terms of compensation and organisation of temporary placements.

Do you think that this would be enough documentation? Or can we offer anything else?

I would have hoped to have avoided mentioning the temporary nature of her employment. However, it is likely that we simply can't avoid this given that her employer has to write that in any letter confirming her employment.

She clearly earns more than enough for a household size of 2 (her and me). However, I'm absolutely trying to avoid RFEs or rejection.

Simon.

Edited February 20, 2016 by simonschus