i-864

[nina1 0]

Okay, we have our interview soon and the first and last time we sent an I-864 was when we filed for AOS in August 2004.

My husband has not changed jobs for 5 yrs, and when he wanted to get a letter from the employer stating his income and all, the payroll lady or whoever did it for him.

Now, we want an updated one in case the officer asks for one, but his employer won't give him one, saying that the payroll lady (who no longer works there), was not supposed to issue him with one in the first place..

We are for sure going to the interview with alot of evidence, including tax returns of the 3previous yrs (including 2005), but has anyone ever had an employer who won't issue the letter we need?

[motu 6]

That's quite strange - is he not on good terms with his employer? All of them are willing to issue a letter saying you work there and how much you make - its not a document that binds the employer to anything! Tell Atilla to get his head out of his a** and give you the letter.

You might be Ok with just the pay stubs (or you don't get them either?) Good Luck

[hcj 0]

It's paystubs OR letter of employment so you should be fine with paystubs.

If HR won't give your husband a letter, try asking his supervisor to just write a letter on company letterhead stating your husband's title and current salary or hourly rate and average number of hours worked. It doesn't have to be from HR, it just needs to be on company letterhead with a signature from someone authorized to sign it. Of course, you don't have to go into all that with the supervisor -- just draft the letter and say you need it for the *#%@ immigration interview.

[nina1 0]

They're so stupid at his work! My husband is under the impression that they don't give that kind of letter bcz they think the employee wants to get another job?! Sounds dumb! They told us recently that if anybody wants that letter, then THAT person should contact the company!

If we can just show pay stubs, then great!

Hcj, my husband's supervisor doesn't know how much my husband makes and vice versa, so she can't sign that letter for my husband..

[Jenn! 918]

Pay stubs are not a substitute for the employer letter. You really must have one.

What about drafting the letter yourself, printing it on letterhead, and then just asking your employer to sign it?

It is unreasonable of your employer not to do this for you. Maybe bringing in the I-864 instructions where it states that the employer letter is necessary will make it seem more exigent.

[nina1 0]

jenn, we already gave one, but that was in august 2004.. The other concern is that my husband told his manager, who in turn told the owner that we need it to buy a home...

So it's hard to all of a sudden go back and say "hey, well, we need it for immigration"

[hcj 0]

From instructions to form I-864, under "evidence of income" on pg. 2:

"Evidence of current employment or self-employment,

such as a recent pay statement, or a statement from your

employer on business stationery, showing beginning

date of employment, type of work performed, and salary

or wages paid."

Now those are the instructions from USCIS the mothership organization. Whether your AO follows them or not, no one can guarantee.

Hcj, my husband's supervisor doesn't know how much my husband makes and vice versa, so she can't sign that letter for my husband..

How about the manager or the department head? Someone in the org chart above your husband has responsibility for P and L and has to know the salaries.

What does your interview letter say? Does it just ask for "proof of current employment" or does it specifically say "current letter of employment"? If the former, pay stubs are listed as proof of current employment in USCIS documents. If the latter, show the interview letter to the boss -- the one who does know the salaries -- come clean ("I was embarrassed about my immigration stuff so made up that bit about a house") and ask again nicely.

[rebeccajo 14]

The interview letters are generic these days, hcj. They are a long list of things, with the following disclaimer attached after each one ...."if not already submitted".

Edited March 28, 2006 by rebeccajo

[hcj 0]

The interview letters are generic these days, hcj. They are a long list of things, with the following disclaimer attached after each one ...."if not already submitted".

They were form letters when we AOS'd too (in 2003). But when we did it it seemed to be specific to the district office, i.e. San Francisco had a form letter that San Francisco used, Los Angeles might have a different one. I guess that's different now? The same letter across the nation?

[Peter 0]

Don't go to the boss. Go to HR. Some bosses don't like dealing with it all and just say no. If the company has a HR department, ask them for the letter.

[Autumnal 25]

Definitely try HR. Have your husband stress, in no uncertain terms, that this is required for his wife's immigration application.

If he gets pressured or run around, further tell them USCIS, a branch of the Department of Homeland Security, expects it to be part of the package at her interview. If necessary, show them the page from the package where the instructions outline this, highlight it, and present it. This is a legitimate comment and immigration is a serious issue.

If he wants, he could certainly draft up a sample letter and offer it if they want. A simple template can save the HR person's time. If the boss is throwing wrenches in the works, then it's probably time to show a few pieces of paperwork illustrating the validity of the claim and reassuring (though this isn't really necessary, IMHO!) that your husband isn't looking for another job.

You're probably okay without the letter if you had an earlier one unless you're claiming a major wage hike. I'd imagine W2s, new paystubs (bring several to demonstrate increased wages over the recent period) and whatnot should suffice.

Sorry the boss is so #######.

[nina1 0]

Thanks everyone..

Autumnal, don't apologize.. The company he works for is really #######! And his manager is the worst! She allows herself to get a carwash DURING WORK HOURS and then she has the nerve to tell a coworker of my husband that he has to clockout before going to pick up my husband from our house because our car broke down... Our house is only like 10min away!

oohh, anyway..

[Autumnal 25]

Bah! People like that make the world far more complicated than need be. :/

Good luck on getting that letter.

[sjoefl01 1]

Nina,

This is very normal. When creditors want to know your work status they ask for a VOE ( verification of employment ). This is usually handled by HR and is very official. If your husband told the boss that he needed the letter to buy a house then the boss had no choice but to refuse. The boss could actually find himself in court if something fell through on a credit deal. Almost all companies are careful about issuing VOE's. It must be done very legally, and carefully through HR.

Don't be angray about this. It is quite normal and has nothing to do with the boss. This is a very legal thing!

jenn, we already gave one, but that was in august 2004.. The other concern is that my husband told his manager, who in turn told the owner that we need it to buy a home...

So it's hard to all of a sudden go back and say "hey, well, we need it for immigration"