Update and questions about employment verification letters and income

[guyfromky 1]

Ok so an update, I now have two jobs. One is a job at a factory as a temp worker through an employment agency making $10 per hour, 40 hours per week. The other is a small weekend part-time job working for my father which I believe I mentioned previously. My income from job jobs combined put me above the income requirement so I don't believe that will be an issue for the visa petition. My question is, the latest tax returns I have are for 2017 when I was working only for my father, which clearly isn't anywhere near enough income to qualify, but since I started the other factory job recently and 2018 taxes can't be filed yet, will my 2017 tax returns look bad enough to result in an automatic denial? Or will they look at that and my employment verification letter about my other higher paying job which has been sent to them?

 

Also since my dad is self-employed how does he write out an employment verification letter? Does he just type one up and sign it? If so, should it be notarized? And will i be considered acceptable enough to help my case?

 

 Also, is there any option of getting these documents to the embassy besides using normal mail? Can they possibly be faxed?

 

My last question is, what's the bare minimum number of weeks normally worked in any job? If I work 51 weeks at the factory job I'd make I think $20,400 gross income. That would put me $175 short but I honestly don't know how many weeks this place works.

[geowrian 22,337]

37 minutes ago, guyfromky said:

Ok so an update, I now have two jobs. One is a job at a factory as a temp worker through an employment agency making $10 per hour, 40 hours per week. The other is a small weekend part-time job working for my father which I believe I mentioned previously. My income from job jobs combined put me above the income requirement so I don't believe that will be an issue for the visa petition. My question is, the latest tax returns I have are for 2017 when I was working only for my father, which clearly isn't anywhere near enough income to qualify, but since I started the other factory job recently and 2018 taxes can't be filed yet, will my 2017 tax returns look bad enough to result in an automatic denial? Or will they look at that and my employment verification letter about my other higher paying job which has been sent to them?

The CO will consider properly-documented current income. For an employee, this would be best documented via pay stubs and employment letter, whereas a tax return shows past income.

Some COs are more strict than others, which tend to vary greatly across embassies/consulates. For instance, India is pretty strict. Manila very rarely asks for an I-134. London allows self-sponsorship and generally just a W-2 or employment letter is fine.

The CO makes the decision on the public charge concern based on a totality of the circumstances.

 

37 minutes ago, guyfromky said:

Also since my dad is self-employed how does he write out an employment verification letter? Does he just type one up and sign it? If so, should it be notarized? And will i be considered acceptable enough to help my case?

Generally it would be a signed letter from either HR or an officer of the company and on company letterhead. It should at least state the date, employee's name, job title, annual salary or hourly rate + hours expected to work each week/month/year/whatever, whether the position is temporary or permanent, etc.

A notary is probably not necessary...I know my employer's letter was only signed by the head of HR and it wasn't an issue for AOS purposes.

 

37 minutes ago, guyfromky said:

 Also, is there any option of getting these documents to the embassy besides using normal mail? Can they possibly be faxed?

The I-134 is typically presented at the interview. It is not sent with the I-129F petition (nor am I aware of any embassy's packet 3s requesting this, but I'm not 100% sure there).

For specific with your embassy/consulates, you should provide the one the beneficiary will interview at.

 

37 minutes ago, guyfromky said:

My last question is, what's the bare minimum number of weeks normally worked in any job? If I work 51 weeks at the factory job I'd make I think $20,400 gross income. That would put me $175 short but I honestly don't know how many weeks this place works.

You would have to ask them how many weeks you are expected to work / how many paid weeks you should expect in a year.

A typical full-time employee's week is 40 hours per week, all 52 weeks a year (although this can be a little less and still considered full time, or it could be much more).

[guyfromky 1]

Well my father's business is owned solely by him and I work for him so the only person who can write the employment letter would be him. So he just types one up and signs it?

[geowrian 22,337]

4 minutes ago, guyfromky said:

Well my father's business is owned solely by him and I work for him so the only person who can write the employment letter would be him. So he just types one up and signs it?

Yes. If he has company letterhead, that would be preferable too.

[guyfromky 1]

Another question about I-134 question 8.b about mortgages or other debts, do a couple of old loans from years ago count? What sort of debts are they referring to?

[geowrian 22,337]

20 minutes ago, guyfromky said:

Another question about I-134 question 8.b about mortgages or other debts, do a couple of old loans from years ago count? What sort of debts are they referring to?

I'll preface my response with noting that the assets section is only necessary is using assets to qualify.

That question is with regards to loans against the real property being claimed. Basically, they want to be able to calculate the net value of the asset being claimed. This would not include personal loans or credit cards.

Edited August 24, 2018 by geowrian