Letter from employer (cr1) HELP (merged)

[tw2mn 14]

I am a US citizen living and working in Taiwan with my wife and am very concerned about the letter from my employer.

In Visajourney's NVC process guide, it states the following regarding letters from employers (READ RED).

 

Note: for petitioners living and working abroad, put $0 for the question on current income (unless your income will continue, then put the amount). In either case, include an employment letter with all the details and if your job will NOT continue, make sure it is stated as such in the letter. It'd also be a good idea to mention this in the cover letter.

Generally, the following is needed:

With no joint sponsors:

-Bar-coded cover sheet from payment portal

-Cover letter (optional)

• You can find a sample cover letter I wrote here [17]

-Original completed, signed, and dated I-864 form by petitioner

-Tax information^^ of petitioner (either just the last year OR the last 3 years)

-Employment letter of petitioner (optional, but good proof of CURRENT income)

-Pay stub(s) of petitioner (optional, but good proof of CURRENT income)

 

 

 

My question 

Is the letter generally asked for?

If so, what happens if you can not provide the letter?

I don't want to ask my employer for such a letter as it would tip them off that I will be quitting my job next year (and therefor they would not renew my contract coming up in a few months). In addition, I'm not even sure they could provide a letter. My boss doesn't speak (or write) very good English at all.

I will have 3 years of tax info as needed. If this letter is needed as well, I might have to find another job!

VERY concerned about this. Any input would be greatly appreciated. Thanks everyone!

 

 

 

[Crazy Cat 41,288]

Unless your employment will continue after you re-locate to the US, an employment letter is useless and not needed.  You can claim only income which will continue after re-locating.  Unless you can show sufficient assets or sufficient current income which will continue, you will need a joint sponsor.  

 

LONG LIVE TAIWAN!!!!!!

Edited April 4, 2023 by Crazy Cat

[Chancy 6,239]

*** Moved from IR1/CR1 Progress Reports to IR1/CR1 Process & Procedures ***

 

[Redro 4,609]

2 hours ago, tw2mn said:

I am a US citizen living and working in Taiwan with my wife and am very concerned about the letter from my employer.

In Visajourney's NVC process guide, it states the following regarding letters from employers (READ RED).

 

Note: for petitioners living and working abroad, put $0 for the question on current income (unless your income will continue, then put the amount). In either case, include an employment letter with all the details and if your job will NOT continue, make sure it is stated as such in the letter. It'd also be a good idea to mention this in the cover letter.

Generally, the following is needed:

With no joint sponsors:

-Bar-coded cover sheet from payment portal

-Cover letter (optional)

• You can find a sample cover letter I wrote here [17]

-Original completed, signed, and dated I-864 form by petitioner

-Tax information^^ of petitioner (either just the last year OR the last 3 years)

-Employment letter of petitioner (optional, but good proof of CURRENT income)

-Pay stub(s) of petitioner (optional, but good proof of CURRENT income)

 

 

 

My question 

Is the letter generally asked for?

If so, what happens if you can not provide the letter?

I don't want to ask my employer for such a letter as it would tip them off that I will be quitting my job next year (and therefor they would not renew my contract coming up in a few months). In addition, I'm not even sure they could provide a letter. My boss doesn't speak (or write) very good English at all.

I will have 3 years of tax info as needed. If this letter is needed as well, I might have to find another job!

VERY concerned about this. Any input would be greatly appreciated. Thanks everyone!

 

 

 

Do you have a current work contract? 
Or a paystub from your job? 
Some members have received RFEs for not uploading proof of employment when their income does not meet the requirements. 
I would not upload a letter from your employer but rather another type of proof of employment showing you are currently working. 

[tw2mn 14]

16 hours ago, Crazy Cat said:

Unless your employment will continue after you re-locate to the US, an employment letter is useless and not needed.  You can claim only income which will continue after re-locating.  Unless you can show sufficient assets or sufficient current income which will continue, you will need a joint sponsor.  

 

LONG LIVE TAIWAN!!!!!!

 

WOW!  Did not realize that. I guess I need a joint sponsor then. 

I don't have enough assets, nor will I have a job upon arrival to the US.

[tw2mn 14]

15 hours ago, ROK2USA said:

Do you have a current work contract? 
Or a paystub from your job? 
Some members have received RFEs for not uploading proof of employment when their income does not meet the requirements. 
I would not upload a letter from your employer but rather another type of proof of employment showing you are currently working. 

 

Yes I do have all my paystubs and tax info for the past 3 years all set and ready.

But apparently the letter of employment is irrelevant since I will not be keeping the job when I move back to the US with my wife, so I need a joint sponsor. 

So, good in the sense that I don't need to worry about any employment letter, bad in the sense that I have to get a joint sponsor and deal with that situation. 

Edited April 5, 2023 by tw2mn

[Redro 4,609]

7 hours ago, tw2mn said:

 

Yes I do have all my paystubs and tax info for the past 3 years all set and ready.

But apparently the letter of employment is irrelevant since I will not be keeping the job when I move back to the US with my wife, so I need a joint sponsor. 

So, good in the sense that I don't need to worry about any employment letter, bad in the sense that I have to get a joint sponsor and deal with that situation. 

Okay… much sure to upload the paystubs when you  are at NVC stage.

You should also read the following link (obtain financial evidence) and read the NVC forum in VJ to read the experiences of members who were living abroad and then moved back with the spouse they were sponsoring. 

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-5-collect-financial-evidence-and-other-supporting-documents.html

 

If you completed Form I-864, I-864A, or I-864EZ and the income reported on this form or your tax transcript reflects income below the poverty guidelines for the year the form was submitted, submit evidence of your income. This can include evidence of current employment or self-employment, recent pay statements, a letter from the employer on business letterhead – showing dates of employment, wages paid, and type of work performed – or other financial data.

• For those who are unemployed or retired, submit a photocopy of ongoing income from other means, such as:
  • retirement benefits;
  • other household members' income; or
  • other significant assets.
• Even though you need a joint sponsor (unless you decide to qualify using assets) you still need to complete your own I-864 with the correct supporting documentation. 

 

 

[pushbrk 12,605]

11 hours ago, ROK2USA said:

Okay… much sure to upload the paystubs when you  are at NVC stage.

You should also read the following link (obtain financial evidence) and read the NVC forum in VJ to read the experiences of members who were living abroad and then moved back with the spouse they were sponsoring. 

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-5-collect-financial-evidence-and-other-supporting-documents.html

 

If you completed Form I-864, I-864A, or I-864EZ and the income reported on this form or your tax transcript reflects income below the poverty guidelines for the year the form was submitted, submit evidence of your income. This can include evidence of current employment or self-employment, recent pay statements, a letter from the employer on business letterhead – showing dates of employment, wages paid, and type of work performed – or other financial data.

• For those who are unemployed or retired, submit a photocopy of ongoing income from other means, such as:
  • retirement benefits;
  • other household members' income; or
  • other significant assets.
• Even though you need a joint sponsor (unless you decide to qualify using assets) you still need to complete your own I-864 with the correct supporting documentation. 

 

 

Pay stubs are not needed when stating $0 as income, as there is no income to document.  No employment letter.  No pay stubs either.

[Redro 4,609]

1 hour ago, pushbrk said:

Pay stubs are not needed when stating $0 as income, as there is no income to document.  No employment letter.  No pay stubs either.

I’m quoting the travel.state.gov website… and several members have received RFEs for proof of income when their tax transcript shows income below the poverty limits. 
If you think ignoring the guidelines on travel.state.gov is fine… OP can follow your guidance. 

Edited April 6, 2023 by ROK2USA

[pushbrk 12,605]

4 hours ago, ROK2USA said:

I’m quoting the travel.state.gov website… and several members have received RFEs for proof of income when their tax transcript shows income below the poverty limits. 
If you think ignoring the guidelines on travel.state.gov is fine… OP can follow your guidance. 

Context is king here.  In the context of income that is stated as zero, because it will not continue from the same source, no employer letter or pay stubs are needed.  What would their possible purpose be?  To document zero income???

[Redro 4,609]

On 4/6/2023 at 3:07 AM, pushbrk said:

Context is king here.  In the context of income that is stated as zero, because it will not continue from the same source, no employer letter or pay stubs are needed.  What would their possible purpose be?  To document zero income???

IDK… ask the reviewer in this case…

The income WONT continue. They showed evidence of assets but still they were required to show PROOF OF INCOME… (that won’t continue, and indicated  ZERO income on i864). 

 

Edited April 7, 2023 by ROK2USA

[pushbrk 12,605]

8 hours ago, ROK2USA said:

IDK… ask the reviewer in this case…

The income WONT continue. They showed evidence of assets but still they were required to show PROOF OF INCOME… (that won’t continue, and indicated  ZERO income on i864). 

 

Reviewers are humans who make mistakes.  When they make this mistake, the correct action is a letter pointing out they have no income to provide evidence of.

[tw2mn 14]

This question is regarding part 6 of the i-864, where you have to list your total income for the past 3 years. 

I am a US citizen working overseas and have reported my income on my tax returns every year but the money is not counted into my total income.

What I'm saying is that on my 1040, it shows I made $34,000 in wages, but then deducts that money (schedule 1 income) on line 8 of my 1040.

That leaves me at $1,000 (from unrelated income) shown on line 9 of my 1040 where it states TOTAL INCOME.

So do I just put the $1000 then? Even though it's not accurate.

On a side note, I put $0 for my current annual income and household income, as I will not have a job when I return to the US. We have a joint sponsor. 

[Vickys_Mom 221]

Part 6, Lines 24.a. through 24.c. specify "...adjusted gross income..." (and then say "...Form 1040EZ..." which should confuse people who don't understand the different forms that the IRS uses).  I'd use whatever your AGI was for those three years.  On the IRS Form 1040 for 2022, the Adjusted Gross Income is in Line 11, *not* Line 9.  (They don't ask for Total Income...they ask for Adjusted Gross Income.)

 

You're going to have to provide documentation to go along with that.  In my case, I provided three years worth of Tax Return Transcripts.  Most of my income was from WAGES, SALARIES, TIPS, ETC., but it appears that your "Schedule 1 Income" would also show up somewhere on the Tax Return Transcript.  If you choose to provide photocopies of your tax return, that income will be visible on the forms.

 

Regards,

Vicky's Mom

[tw2mn 14]

On 5/30/2023 at 8:29 PM, Vickys_Mom said:

Part 6, Lines 24.a. through 24.c. specify "...adjusted gross income..." (and then say "...Form 1040EZ..." which should confuse people who don't understand the different forms that the IRS uses).  I'd use whatever your AGI was for those three years.  On the IRS Form 1040 for 2022, the Adjusted Gross Income is in Line 11, *not* Line 9.  (They don't ask for Total Income...they ask for Adjusted Gross Income.)

 

You're going to have to provide documentation to go along with that.  In my case, I provided three years worth of Tax Return Transcripts.  Most of my income was from WAGES, SALARIES, TIPS, ETC., but it appears that your "Schedule 1 Income" would also show up somewhere on the Tax Return Transcript.  If you choose to provide photocopies of your tax return, that income will be visible on the forms.

Thanks Vicky. But my IRS form was a 1040, not 1040EZ. SO I will use my total income, not adjusted gross income. It says in the i-864 instructions "for the purpose of this affidavit, the line for Total income on IRS form 1040 and 1040A will be considered when determining income. For persons filing IRS form 1040EZ, the line for adjusted gross income will be considered."