Employment letter for I-864, primary and joint, Is it necessary?

[Koni10 22]

Hi, 

Thanks for the help in advance. I am so SO stressed out and anxious right now. I hope there's someone who's willing to take some time to read and respond/comment.

 

We have sent our AOS package, and just received email/text notification last night.

I, the immigrant, has a job, but we can't prove that it will continue. The job letter indicates an end date, so we didn't bother including my income.

USC husband doesn't make enough, since he just returned to school. However, since he does work part-time, sort of, as an independent contractor, he does have some income. We listed his jobs under employment, but indicated that he works as an independent contractor, so doesn't have W-2. We included his 3 recent tax transcripts, and recent (only a couple of months, since he misplaced earlier ones) pay stubs. No employment letter, since he is not technically employed, but only working part-time. Anyways, he isn't making enough. 

 

Our joint sponsor is husband's father. He definitely makes enough. We have included his i-864, copy of birth certificate, 3 most recent 1040 and W-2, and recent (about 1.5 months) pay stubs. 

 

Do you think they will ask us to submit employment letter for primary and joint sponsor? Primary sponsor isn't technically employed, and he doesn't even make enough. We aren't trying to be approved based on his income. Could they still ask primary sponsor to submit the employment letter? The joint sponsor makes a good amount, but we didn't submit employment letter. 

 

Now I am so regretting that we didn't ask the joint sponsor to obtain a latter from his corporation. He works as the manager of a branch, and it was going to require him to get such a letter from his headquarter, so we kind of hesitated:( 

 

I really really don't want an RFE that's difficult to respond, like the primary sponsor's proof of employment. He only makes part-time income.

 

I know nobody can say anything for sure, but if you have any comment, please share. Thanks!

[Ben&Zian 4,398]

Yes, both submit the affidavit of support. Your husband, is still and always will be the "primary" sponsor. His father is merely the co-sponsor or joint sponsor. 

[mushroomspore 3,044]

Hey there. Okay firstly inhale deeeeep and exhale. You JUST sent in the paperwork so there's no reason to freak out over this right NOW. If they do send an RFE/RFIE, it won't be for a month or two or maybe even longer. I filed in Aug and still don't have my EAD yet. We got an RFIE for our i-864 in Feb so for now, just rejoice in that your papers got to USCIS safely and they were accepted.

 

RE: your husband's part-time income is fine and USCIS will know to look at your joint sponsor's papers since your husband doesn't make enough.

 

If they do send you an RFE, it will tell you what they need from you and it most likely won't be difficult. In my case, our RFE was sent so long after our original filing that they wanted more recent proof of my husband's income and we had to get a joint sponsor. It also depends whose desk your file ends up on. The officer might be happy with just your joint sponsor's tax papers or he might want to see an employment letter to ensure the income is made legally. You don't know yet and you won't for some time so just relax for now. The ball's not in your court right now and USCIS plays the long game (unfortunately).

[Koni10 22]

Thanks for your comment.

 

Yes, I know they both have to submit the form I-864, and we did. The USC husband completed the form as the primary sponsor, and the joint sponsor completed the form as a joint sponsor.

 

I think what I am wondering is whether USCIS will require us to submit the employment letter even though the primary sponsor doesn't make enough, and we don't expect to be approved based on his income (that's why we have a joint sponsor!) And whether they will require joint sponsor's employment letter, even though we have submitted everything else that's on the instruction. 

[Koni10 22]

2 minutes ago, mushroomspore said:

Hey there. Okay firstly inhale deeeeep and exhale. You JUST sent in the paperwork so there's no reason to freak out over this right NOW. If they do send an RFE/RFIE, it won't be for a month or two or maybe even longer. I filed in Aug and still don't have my EAD yet. We got an RFIE for our i-864 in Feb so for now, just rejoice in that your papers got to USCIS safely and they were accepted.

 

RE: your husband's part-time income is fine and USCIS will know to look at your joint sponsor's papers since your husband doesn't make enough.

 

If they do send you an RFE, it will tell you what they need from you and it most likely won't be difficult. In my case, our RFE was sent so long after our original filing that they wanted more recent proof of my husband's income and we had to get a joint sponsor. It also depends whose desk your file ends up on. The officer might be happy with just your joint sponsor's tax papers or he might want to see an employment letter to ensure the income is made legally. You don't know yet and you won't for some time so just relax for now. The ball's not in your court right now and USCIS plays the long game (unfortunately).

Omg, thank you so much. You almost made my eyes water. I took a deep breath and will not go for a short walk.

 

It was a frustrating situation where we can't use my income because it's a temporary job, even though I know there is a room for negotiation with the employer. But nothing is on the paper to prove! And USC husband is going to school for a good change. And the joint sponsor makes well above. 

 

I was freaking out while reading other topics on VJ and other forums, since everyone seems to assume that the employment letter is necessary, and sometimes USCIS will send RFE for document that the applicant cannot provide. I really really hope out documents will get to someone who is willing to see the joint sponsor's income a genuine one:( 

 

Thanks for the comment. I will try by best not to think about it too much.

[mushroomspore 3,044]

22 hours ago, Koni10 said:

Omg, thank you so much. You almost made my eyes water. I took a deep breath and will not go for a short walk.

 

It was a frustrating situation where we can't use my income because it's a temporary job, even though I know there is a room for negotiation with the employer. But nothing is on the paper to prove! And USC husband is going to school for a good change. And the joint sponsor makes well above. 

 

I was freaking out while reading other topics on VJ and other forums, since everyone seems to assume that the employment letter is necessary, and sometimes USCIS will send RFE for document that the applicant cannot provide. I really really hope out documents will get to someone who is willing to see the joint sponsor's income a genuine one:( 

 

Thanks for the comment. I will try by best not to think about it too much.

No problem! It's tough going through it because unfortunately, none of us know anything for most of the process. We were very concerned about our financial paperwork too because my husband is self-employed and I'm a writer who has yet to land a real paid writing job. But you have a joint sponsor who makes enough. As long as the joint sponsor makes enough, there's less room for argument from USCIS. Good luck and don't stress about it for now! Just wait for your biometrics appointment since that's the next step. =)