Employment Letter for proof of current income

[Shark777 25]

Hello everyone!

 

I have a few questions regarding a request for evidence of current income by the NVC. I am in China right now and my employer said they can't provide me pay stubs, so I had them write me an employment letter. The problem is that the employment letter is not typed on company letterhead and provides monthly salary instead of yearly. Another problem is that my employment ended last month (July 2022) but my i-864 and this RFE response was given when I was still working (April and June 2022) .

 

Questions:

1.) Will this employment letter suffice?

2.) Will they make me submit a new i-864?

 

P.S. I am using assets to meet the requirements.

 

I wish I could make a phone call to the NVC, but their phone inquiry system has been suspended. I am afraid of getting trapped in an endless RFE loop.

Edited August 5, 2022 by MarctheShark

[pushbrk 12,883]

1 hour ago, MarctheShark said:

Hello everyone!

 

I have a few questions regarding a request for evidence of current income by the NVC. I am in China right now and my employer said they can't provide me pay stubs, so I had them write me an employment letter. The problem is that the employment letter is not typed on company letterhead and provides monthly salary instead of yearly. Another problem is that my employment ended last month (July 2022) but my i-864 and this RFE response was given when I was still working (April and June 2022) .

 

Questions:

1.) Will this employment letter suffice?

2.) Will they make me submit a new i-864?

 

P.S. I am using assets to meet the requirements.

 

I wish I could make a phone call to the NVC, but their phone inquiry system has been suspended. I am afraid of getting trapped in an endless RFE loop.

NO.  Why not delete the affidavit and submit a new one stating zero income.  Those are the facts today.  You aren't using income to qualify anyway.  Forget about what they will make you do.  Do the right thing based on today's facts.  Clearly your income was not usable as not continuing from the same source once you went to the USA anyway.

[Shark777 25]

1 hour ago, pushbrk said:

NO.  Why not delete the affidavit and submit a new one stating zero income.  Those are the facts today.  You aren't using income to qualify anyway.  Forget about what they will make you do.  Do the right thing based on today's facts.  Clearly your income was not usable as not continuing from the same source once you went to the USA anyway.

Thanks for the reply again sir. I can count on you. Do you know if the clock would start over if I upload a new I-864?

 

I responded to the FE request on June 30, when I was still working. My employment ended on July 15.

 

 

[pushbrk 12,883]

1 hour ago, MarctheShark said:

Thanks for the reply again sir. I can count on you. Do you know if the clock would start over if I upload a new I-864?

 

I responded to the FE request on June 30, when I was still working. My employment ended on July 15.

 

 

Probably, but your circumstances change and this is what you need to do.  Do it now or face a delay with the visa is denied because the affidavit no longer reflects the current truth.  

 

[Shark777 25]

4 minutes ago, pushbrk said:

Probably, but your circumstances change and this is what you need to do.  Do it now or face a delay with the visa is denied because the affidavit no longer reflects the current truth.  

 

Okay got it. Is there anything else I need to do besides submitting a new I-864 showing unemployed and $0 current income? Maybe write a letter explaining things?

 

The location of my assets have changed too as well as the amounts, so it looks like I have to update that info, too.

Edited August 5, 2022 by MarctheShark

[arken 4,197]

3 hours ago, MarctheShark said:

Okay got it. Is there anything else I need to do besides submitting a new I-864 showing unemployed and $0 current income? Maybe write a letter explaining things?

 

The location of my assets have changed too as well as the amounts, so it looks like I have to update that info, too.

Forget about the old i864. As a response to the RFE, provide a completely new i864 reflective of all the latest information on income and assets. Provide all relevant supporting documents on your prior year tax returns and for your current assets since you have no current income.

[Shark777 25]

19 minutes ago, arken said:

Forget about the old i864. As a response to the RFE, provide a completely new i864 reflective of all the latest information on income and assets. Provide all relevant supporting documents on your prior year tax returns and for your current assets since you have no current income.

The response to the RFE took place at the end of June. I provided the employment letter when I was still working. Now I am not

Edited August 5, 2022 by MarctheShark

[Shark777 25]

30 minutes ago, arken said:

Forget about the old i864. As a response to the RFE, provide a completely new i864 reflective of all the latest information on income and assets. Provide all relevant supporting documents on your prior year tax returns and for your current assets since you have no current income.

Thanks for the advice, hopefully responding twice to the RFE doesn’t confuse them

[pushbrk 12,883]

11 hours ago, MarctheShark said:

Okay got it. Is there anything else I need to do besides submitting a new I-864 showing unemployed and $0 current income? Maybe write a letter explaining things?

 

The location of my assets have changed too as well as the amounts, so it looks like I have to update that info, too.

Update means update.  You'll sign and date the new form.  Information above your signature should be current on that date.  Supporting documents should support the asset numbers above your signature too.

[pushbrk 12,883]

8 hours ago, MarctheShark said:

The response to the RFE took place at the end of June. I provided the employment letter when I was still working. Now I am not

Then if you get DQ'd provide the new I-864 and documentation AFTER you have an interview date.  However, I don't think an employer letter that's not on company letterhead will be accepted.  Assuming this income was foreign anyway, it's best to correct your mistake with a properly completed affidavit that is accurate today.

[Shark777 25]

1 hour ago, pushbrk said:

Then if you get DQ'd provide the new I-864 and documentation AFTER you have an interview date.  However, I don't think an employer letter that's not on company letterhead will be accepted.  Assuming this income was foreign anyway, it's best to correct your mistake with a properly completed affidavit that is accurate today.

The boss of the company stamped the letter with the company’s official seal next to his signature. I’m thinking that might suffice as a substitute for a letterhead. What do you think? 
 

I also uploaded my work contract for the year, which has the company seal as well.
 

If I get DQed, I will provide the new I-864 after the interview date is received

Edited August 6, 2022 by MarctheShark

[pushbrk 12,883]

45 minutes ago, MarctheShark said:

The boss of the company stamped the letter with the company’s official seal next to his signature. I’m thinking that might suffice as a substitute for a letterhead. What do you think? 
 

I also uploaded my work contract for the year, which has the company seal as well.
 

If I get DQed, I will provide the new I-864 after the interview date is received

Your choice.  No telling what NVC will say or if they will DQ you with evidence of income that will not continue from the same source.  Personally I would be more concerned with ultimate success getting the visa, than with timing.  If NVC still doesn't accept and DQ you, then you've lost all the time between now, and then anyway.  Your call.  You're priorities.  Hindsight always tells me it would have been better to do your homework and do it right the first time.  Studying and understanding those instructions and questions on the forms, is absolutely critical to your ultimate success.  In my opinion, the sooner you do the right thing, the better.

[Shark777 25]

1 hour ago, pushbrk said:

Your choice.  No telling what NVC will say or if they will DQ you with evidence of income that will not continue from the same source.  Personally I would be more concerned with ultimate success getting the visa, than with timing.  If NVC still doesn't accept and DQ you, then you've lost all the time between now, and then anyway.  Your call.  You're priorities.  Hindsight always tells me it would have been better to do your homework and do it right the first time.  Studying and understanding those instructions and questions on the forms, is absolutely critical to your ultimate success.  In my opinion, the sooner you do the right thing, the better.

Crystal clear. Your input is greatly appreciated. I can’t imagine what VJers would do without this community, especially considering the suspension of NVC’s phone inquiry line 

[RandyW 149]

When they ask for your income, I would downplay the advice to report $0 when you actually had income. Use your own discretion in deciding whether to do that.

 

You TELL THEM how much you earned, and where you earned it. The IRS provides Form 4852 - Substitute for Form W-2 for this purpose.

 

"Form 4852 serves as a substitute for Form W-2, Form W-2c, and Form 1099-R, and is completed by taxpayers or their representatives when: Their employer or payer does not give them a Form W-2 or Form 1099-R."

The form includes a space for Employer’s or payer’s name, address, and ZIP code.

Edited August 12, 2022 by RandyW