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Filed: AOS (apr) Country: Germany
Timeline
Posted

Hi everybody,

its a little bit complicated: my fiance (USC) works for a real estate company which is one of two owners of a commercial building in NYC...so he got the necessary employment letter from this company A which he signed the contract with years ago...but the paystubs and in his tax return as well showing the name of the second owner of this builing (Company B)...so which employer should be named in the I-134....we took the one which gave my fiance the employment letter...but is this right or should we put both companies in..?....need quick advice ...my interview is in 19 days

thanks a lot

Timeline

11/27/2006 - met in person in NYC
08/17/2008 - got engaged
10/25/2008 - sent Petition I-129
10/28/2008 - NOA 1
03/11/2009 - NOA 2
03/28/2009 - received Pack 3
04/07/2009 - sent Pack 3
04/14/2009 - received Pack 4
04/22/2009 - Medical in Dortmund
05/26/2009 - Interview in Frankfurt (Approved !!!!)
07/22/2009 - flight to US (POE Newark/NJ)
08/21/2009 - marriage in NYC
08/31/2009 - sent AOS/EAD/AP
09/09/2009 - NOA for AOS/EAD/AP
09/28/2009 - case transferred to CSC
10/07/2009 - AP approved
10/09/2009 - AP received
10/13/2009 - Biometrics
10/13/2009 - EAD approved
10/22/2009 - EAD received
11/05/2009 - AOS approved !!!
11/10/2009 - Green Card in mail

Posted

I would put both companies, with an explanation of the two companies. (of course you should provide the evidence of the letter/paystubs)

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted
Hi everybody,

its a little bit complicated: my fiance (USC) works for a real estate company which is one of two owners of a commercial building in NYC...so he got the necessary employment letter from this company A which he signed the contract with years ago...but the paystubs and in his tax return as well showing the name of the second owner of this builing (Company B)...so which employer should be named in the I-134....we took the one which gave my fiance the employment letter...but is this right or should we put both companies in..?....need quick advice ...my interview is in 19 days

thanks a lot

I am going to make this more simple..and more complicated all at the same time.

If he is claiming income from both companies, he needs to list both companies. You cannot say "I make $100,000" then show proof of income for $50,000 and expect the consulate to use their fertile imagination to justify the rest (they do not have imaginations).

But here is where it gets more complicated. He is filing a tax return, yes? He has w-2s, yes? Or no? If he has a w-2 from each company then your question is unnecessary, you already knew the answer. But if he doesn't have w-2s (and I suspect he does not given the job description you supply, and my experience with commercial real esate concerns) then he has 1099's and is in fact "self employed".

Which really makes no difference except how you answer the question and what counts for income. If self employed it will be what is listed on line 22 of the Federal 1040 form. Attach his schedule C in addition to the 1099s.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Filed: AOS (apr) Country: Germany
Timeline
Posted
Hi everybody,

its a little bit complicated: my fiance (USC) works for a real estate company which is one of two owners of a commercial building in NYC...so he got the necessary employment letter from this company A which he signed the contract with years ago...but the paystubs and in his tax return as well showing the name of the second owner of this builing (Company B)...so which employer should be named in the I-134....we took the one which gave my fiance the employment letter...but is this right or should we put both companies in..?....need quick advice ...my interview is in 19 days

thanks a lot

I am going to make this more simple..and more complicated all at the same time.

If he is claiming income from both companies, he needs to list both companies. You cannot say "I make $100,000" then show proof of income for $50,000 and expect the consulate to use their fertile imagination to justify the rest (they do not have imaginations).

But here is where it gets more complicated. He is filing a tax return, yes? He has w-2s, yes? Or no? If he has a w-2 from each company then your question is unnecessary, you already knew the answer. But if he doesn't have w-2s (and I suspect he does not given the job description you supply, and my experience with commercial real esate concerns) then he has 1099's and is in fact "self employed".

Which really makes no difference except how you answer the question and what counts for income. If self employed it will be what is listed on line 22 of the Federal 1040 form. Attach his schedule C in addition to the 1099s.

No his not self-employed.and he also has only one job...the employment letter shows the same salary as his tax return and of course his paystubs...I think it´s like this....company A (employs him and company B does the payroll...both companies are owners of Rockefeller Center (that´s where he´s working) ....even he can´t explain me this....so I think we do 3 versions of the Affidavit: 1. Employer is company A

2. Employer is Company B

3. Employer are A+B

so after I tried to explain this at the interview they can decide what they wanna have...that drives me nuts....

Timeline

11/27/2006 - met in person in NYC
08/17/2008 - got engaged
10/25/2008 - sent Petition I-129
10/28/2008 - NOA 1
03/11/2009 - NOA 2
03/28/2009 - received Pack 3
04/07/2009 - sent Pack 3
04/14/2009 - received Pack 4
04/22/2009 - Medical in Dortmund
05/26/2009 - Interview in Frankfurt (Approved !!!!)
07/22/2009 - flight to US (POE Newark/NJ)
08/21/2009 - marriage in NYC
08/31/2009 - sent AOS/EAD/AP
09/09/2009 - NOA for AOS/EAD/AP
09/28/2009 - case transferred to CSC
10/07/2009 - AP approved
10/09/2009 - AP received
10/13/2009 - Biometrics
10/13/2009 - EAD approved
10/22/2009 - EAD received
11/05/2009 - AOS approved !!!
11/10/2009 - Green Card in mail

Filed: Other Country: China
Timeline
Posted
Hi everybody,

its a little bit complicated: my fiance (USC) works for a real estate company which is one of two owners of a commercial building in NYC...so he got the necessary employment letter from this company A which he signed the contract with years ago...but the paystubs and in his tax return as well showing the name of the second owner of this builing (Company B)...so which employer should be named in the I-134....we took the one which gave my fiance the employment letter...but is this right or should we put both companies in..?....need quick advice ...my interview is in 19 days

thanks a lot

I am going to make this more simple..and more complicated all at the same time.

If he is claiming income from both companies, he needs to list both companies. You cannot say "I make $100,000" then show proof of income for $50,000 and expect the consulate to use their fertile imagination to justify the rest (they do not have imaginations).

But here is where it gets more complicated. He is filing a tax return, yes? He has w-2s, yes? Or no? If he has a w-2 from each company then your question is unnecessary, you already knew the answer. But if he doesn't have w-2s (and I suspect he does not given the job description you supply, and my experience with commercial real esate concerns) then he has 1099's and is in fact "self employed".

Which really makes no difference except how you answer the question and what counts for income. If self employed it will be what is listed on line 22 of the Federal 1040 form. Attach his schedule C in addition to the 1099s.

No his not self-employed.and he also has only one job...the employment letter shows the same salary as his tax return and of course his paystubs...I think it´s like this....company A (employs him and company B does the payroll...both companies are owners of Rockefeller Center (that´s where he´s working) ....even he can´t explain me this....so I think we do 3 versions of the Affidavit: 1. Employer is company A

2. Employer is Company B

3. Employer are A+B

so after I tried to explain this at the interview they can decide what they wanna have...that drives me nuts....

I would simplify things by listing the employer as the company name on the pay stubs and keep the employer letter in my back pocket. Pay stubs are commonly substituted for employer letters. The last thing you want is for your supporting documentation to conflict with statements in the affidavit itself.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: Other Timeline
Posted

It sounds like he works for a subsidiary of a larger corporation.

I would do as push says regarding making as much of the documentation "match" as possible.

It might be worthwhile to have your fiance draft another letter for you to keep in your back pocket as well which explains the corporate structure, should the Consular Officer question it.

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted
Hi everybody,

its a little bit complicated: my fiance (USC) works for a real estate company which is one of two owners of a commercial building in NYC...so he got the necessary employment letter from this company A which he signed the contract with years ago...but the paystubs and in his tax return as well showing the name of the second owner of this builing (Company B)...so which employer should be named in the I-134....we took the one which gave my fiance the employment letter...but is this right or should we put both companies in..?....need quick advice ...my interview is in 19 days

thanks a lot

I am going to make this more simple..and more complicated all at the same time.

If he is claiming income from both companies, he needs to list both companies. You cannot say "I make $100,000" then show proof of income for $50,000 and expect the consulate to use their fertile imagination to justify the rest (they do not have imaginations).

But here is where it gets more complicated. He is filing a tax return, yes? He has w-2s, yes? Or no? If he has a w-2 from each company then your question is unnecessary, you already knew the answer. But if he doesn't have w-2s (and I suspect he does not given the job description you supply, and my experience with commercial real esate concerns) then he has 1099's and is in fact "self employed".

Which really makes no difference except how you answer the question and what counts for income. If self employed it will be what is listed on line 22 of the Federal 1040 form. Attach his schedule C in addition to the 1099s.

No his not self-employed.and he also has only one job...the employment letter shows the same salary as his tax return and of course his paystubs...I think it´s like this....company A (employs him and company B does the payroll...both companies are owners of Rockefeller Center (that´s where he´s working) ....even he can´t explain me this....so I think we do 3 versions of the Affidavit: 1. Employer is company A

2. Employer is Company B

3. Employer are A+B

so after I tried to explain this at the interview they can decide what they wanna have...that drives me nuts....

OK, no problem. I have done a lot of work for commercial real estate concerns as a consultanrt and there are some convoluted accounting pracrices and employment arrangements. I would get a letter from each if you can, , Tax returns, w-2s and check stubs. List both employers and combined income. No problem, it is, after all, simple. :)

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

 
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