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emma88

does federal work study count as employment???

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Hi guys, i am filling out my hubby's sponsor papers. i have a joint sponsor, who earns enough to sponsor. I am stuck at part 6 on the i_864 where is asks if im employed. i just don't know if work study of students is counted as employment. another question too.

my joint sponsor gave me three of his most recent tax returns but gave me w2 of only 2008 meaning the most recent years tax return w2. also his employment letter doenst specify who his employer is or his position its just like a letter sayign that his salary has increased from one amount to another...

do u think ill be put on RFE for that???

please help out guys.....

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Hi guys, i am filling out my hubby's sponsor papers. i have a joint sponsor, who earns enough to sponsor. I am stuck at part 6 on the i_864 where is asks if im employed. i just don't know if work study of students is counted as employment. another question too.

my joint sponsor gave me three of his most recent tax returns but gave me w2 of only 2008 meaning the most recent years tax return w2. also his employment letter doenst specify who his employer is or his position its just like a letter sayign that his salary has increased from one amount to another...

do u think ill be put on RFE for that???

please help out guys.....

Hi Emma,

I belive your income for work study is taxable, so you should be technically employed on the I-864, may want to attach a letter that indicates it's work study for school.

For the co-sponsor, if you indicate on the I-864 that you are including last 3 years of tax returns, you have to submit the tax returns for the last 3 years with W-2 and 1099 forms. You cannot just send tax returns without W-2, as anyone can fill out a fake tax return and sign. W-2 are proof that the tax returns are legitimate. Without W-2, you will get a RFE.

If you indicate on your I-864 that you are only including the most recent year, then all you need are the 2008 returns with W-2, which you have. Do not send in anything from 2007 or 2006 if you select that you are including only recent year tax return option on the I-864, otherwise they will send a RFE asking you to redo your I-864 to say you are including all 3 years. Remember, your RFE has to match the evidence you submit.

The best option I recommend are official tax transcripts from the IRS, which rarely faces problems at NVC and does not require W-2's. Just ask your co-sponsor to call IRS hotline, IRS should def have 2006- 2007 transcripts, and possibly 2008 transcripts if your co-sponsor filed early. Since you have the 2008 returns with W-2, you can also use that for 2008 and use transcripts for 2006-2007, mixing them is fine for NVC. If you guys have a fax machine, just ask the IRS agent to fax it, takes about 15-20 minutes, that's how I got mine. Otherwise, mailing takes about 2 weeks. Recommend you include 2006-2008 if possible and indicate this on I-864. Although only most recent year is officially required by NVC, some have gotten a RFE asking for last 3 years, especially in cases where income was barely above the minimum requirements.

For the letter, it should be on a company letterhead, so definitely should have employer name. Also should have date of hire, current annual salary, and be signed by manager or HR. Co-sponsor's copmany's HR or manager should be able to get this to him. Including the last 6 months of paystubs also serves as proof of employment, but both letter and paystubs are recommended.

Good luck!

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