I-865 Employment letter, husband is my sponsor...

[jojo_gee 8]

Quick question really, my husband is self-employed so does he just write his own employment letter? We have all his 3 tax returns (which weigh so much!) and his last 6 pay stubs. He is on a long term contract for a company so who writes the employment letter?

JoJo X

[Otto 83]

I think a copy of his contract would be more helpful.

[brlukath 1]

Not to insult your intelligence, but what kind of contract is it? An employment contract? Since he has "pay stubs" this seems like a possibility and would solve your issues.

If he really is self-employed and is working as, maybe, an independent contractor with a company, then the rules on the form state that he need to include "a copy of [his] Schedule C, D, E or F from [his] most recent Federal Tax Return which establishes [his] income from [his] business."

No employment letter needed. What the instructions state with regard to employment letters, pays stubs, etc. is "You may submit this information for the most recent three tax years, pay stub(s) from the most recent six months, and/or a letter from your employer if you believe any of these items will help you qualify." Clearly, a letter from himself WON'T help him qualify. A letter from the company/copy of the actual contract might help, but not if the contract clearly states that the it can be terminated by the company at any time--which it may-- and not if the letter fails to state that the company will be continuing the contract indefinitely-- which (assuming the company is sizeable) they are unlikely to put in a letter, except for an employee.

[jojo_gee 8]

Not to insult your intelligence, but what kind of contract is it? An employment contract? Since he has "pay stubs" this seems like a possibility and would solve your issues.

If he really is self-employed and is working as, maybe, an independent contractor with a company, then the rules on the form state that he need to include "a copy of [his] Schedule C, D, E or F from [his] most recent Federal Tax Return which establishes [his] income from [his] business."

No employment letter needed. What the instructions state with regard to employment letters, pays stubs, etc. is "You may submit this information for the most recent three tax years, pay stub(s) from the most recent six months, and/or a letter from your employer if you believe any of these items will help you qualify." Clearly, a letter from himself WON'T help him qualify. A letter from the company/copy of the actual contract might help, but not if the contract clearly states that the it can be terminated by the company at any time--which it may-- and not if the letter fails to state that the company will be continuing the contract indefinitely-- which (assuming the company is sizeable) they are unlikely to put in a letter, except for an employee.

Ah ha. I never knew this information. Maybe we just need his tax returns. I have the last 6 pay stubs so I could chuck them in for good measure and forget about the employment letter. It's such a hassle seen as he filled out the initial affidavit for the K1 and they already have the same information. We all go through it though. Thank you for the help. XX

[Anh map 2,098]

The affidavit now (I-864) is completely different than the one submitted for the K visa (I-134), with a very different commitment from the sponsor.

A review of the form instructions will help the sponsor understand the requirements.