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JackCassidyMusic

Affidavit. No W2?

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Filed: K-1 Visa Country: United Kingdom
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Somebody told me that the W2 wasn't needed if you have the paystubs and letter from employer that clearly state your current earnings. Is that true?

Also, he makes peformance based bonuses AFTER his $24,960 hourly pay per year ($15/hr @ 32 hours a week), should that be stated on the employer letter?

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In general, the I-134 should be supported by pay stubs, an employment letter, and at least the most recent year's tax return (tax transcript OR 1040 + W-2s/1099s). If using any assets (not needed if income is sufficient and not borderline), they need to be supported by evidence as well.

London is typically quite lenient with I-134 requirements, taking just an employment letter (although there was a London case earlier today where the letter appears to have been insufficient) and/or W-2.

 

Personally, I'd say send all the items listed in the first line above even if they may accept less.

 

The employment letter should list what you are expected to make in a year. They can break it out into hours + bonus/commission/performance/whatever if they desire.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: K-1 Visa Country: United Kingdom
Timeline
13 minutes ago, geowrian said:

In general, the I-134 should be supported by pay stubs, an employment letter, and at least the most recent year's tax return (tax transcript OR 1040 + W-2s/1099s). If using any assets (not needed if income is sufficient and not borderline), they need to be supported by evidence as well.

London is typically quite lenient with I-134 requirements, taking just an employment letter (although there was a London case earlier today where the letter appears to have been insufficient) and/or W-2.

 

Personally, I'd say send all the items listed in the first line above even if they may accept less.

 

The employment letter should list what you are expected to make in a year. They can break it out into hours + bonus/commission/performance/whatever if they desire.

By "most recent year", is last year's W2 ok? Because he has that at his folk's house, or will it need to be 2018? Along with paystubs and the employment letter? 
And should the i-134 say his projected earnings WITHOUT bonuses. His bonuses are performance/commission based, so there's no way of saying for certain what they'll be.

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7 minutes ago, JackCassidyMusic said:

By "most recent year", is last year's W2 ok? Because he has that at his folk's house, or will it need to be 2018? Along with paystubs and the employment letter? 
And should the i-134 say his projected earnings WITHOUT bonuses. His bonuses are performance/commission based, so there's no way of saying for certain what they'll be.

Most recent year would be the latest that should be or has been filed. For instance, if you filed for tax year 2017, then you should provide that. If not, using 2016 should still be fine as 2017 is not due for this year yet.

Taxes for 2018 aren't due until next year, so no W-2 exists for that yet. :P

If the employer cannot reasonably determine what the commissions/bonuses will be (as can be the case), or don't feel comfortable stating such on a letter, then it is what it is. Tax returns are usually the go-to for that sort of non-guaranteed income anyway.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: K-1 Visa Country: United Kingdom
Timeline
2 minutes ago, geowrian said:

Most recent year would be the latest that should be or has been filed. For instance, if you filed for tax year 2017, then you should provide that. If not, using 2016 should still be fine as 2017 is not due for this year yet.

Taxes for 2018 aren't due until next year, so no W-2 exists for that yet. :P

If the employer cannot reasonably determine what the commissions/bonuses will be (as can be the case), or don't feel comfortable stating such on a letter, then it is what it is. Tax returns are usually the go-to for that sort of non-guaranteed income anyway.

Awesome, thank you so much!

And one last quick question, will we need an updated Intent To Marry from the USC, or is that just if the NOA2 expires? 

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6 minutes ago, JackCassidyMusic said:

And one last quick question, will we need an updated Intent To Marry from the USC, or is that just if the NOA2 expires? 

No harm in having one. It's usually not necessary, but people have been requested to show one at some embassies so it's better to have one ready in case.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: Citizen (apr) Country: England
Timeline
2 hours ago, JackCassidyMusic said:

Somebody told me that the W2 wasn't needed if you have the paystubs and letter from employer that clearly state your current earnings. Is that true?

Also, he makes peformance based bonuses AFTER his $24,960 hourly pay per year ($15/hr @ 32 hours a week), should that be stated on the employer letter?

Yes it's true. London has approved many I-134s without any tax return/W2. The employer letter could state he currently earns $24,960 per year with the option to earn a performance bonus on top of that.

 

1 hour ago, JackCassidyMusic said:

Awesome, thank you so much!

And one last quick question, will we need an updated Intent To Marry from the USC, or is that just if the NOA2 expires? 

For London,  Only if your interview date is after the expiration date of the petition. It says so on the London K1 FAQs

https://uk.usembassy.gov/visas/immigrant-visa-faqs/the-interview-2/#collapse6

 

If the visa interview is scheduled more than 4 months from the date the petition is approved, the applicant is required to provide an original letter from the petitioner, confirming that they both remain legally free to marry and that they intend to do so within 90 days of the applicant’s entry to the United States.  There is no requirement that the letter be notarized.

Edited by Wuozopo
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