RFE (I-485) Employment letter

[F1holdermarried 0]

Hi everyone and merry Christmas.

So, we got a yellow RFE for two missing items, one is easy to accommodate, the other one has us scared. Let me tell you what is missing first. and then I'll explain our situation because every situation is unique as I've been reading while lurking in the forums..

The petitioner's/sponsor's income on the Federal income tax return does not meet or exceed 125% of the poverty guideline. The petitioner/sponsor lists their current income on Form I-864 as an amount to be considered as sufficient; however, no evidence has been submitted as proof of current income.

Pease submit evidence if the petitioner's/sponsor's current income. Such evidence should include:

- letter of employment containing the following:

- dates do employment

- nature of the job

- wages or salaries earned

- number of hours per week worked

- prospects for future employment and advancement

- pay stubs or other documentation of pay for the previous 6 months

- evidence of other income, such as tax-exempt interest, qualified dividends, IRA distributions, pensions, annuities and social security benefits

And the second:

The joint sponsor on form I-864, Affidavit of Support, must be a United States Citizen blah blah. (No problem here, when we received the letter yesterday on Christmas Eve (merry Christmas to us), my mother-in-law, who is the joint sponsor, was over, and said that she would give me a copy of her birth certificate showing that she is a USC today (on Christmas Day).

Now, our concern is the following. When we sent the papers, we submitted the most current three pay stubs from his current job (with cumulative income) as proof of employment, and to prove his income from the entire year, we sent copies of the last pay stubs from his other jobs this year. My husband changed jobs quite a few times but now has a union job, which is safe, and he just got promoted as well after 3.5 months.

Obviously this was not enough, and we have to send further evidence. But I am really insecure as to what exactly to send. We didn't collect all his pay stubs from the last six months, plus he switched jobs in September. If we only send a letter of employment from his current job, it will state that he didn't make enough money there this year. However, the gross annual pay will at east be $26,000 next year as he gets paid hourly. To be on the safe side we have my mother-in-law as co-sponsor but now I am really scared. How can we prove sufficiently that my husband made enough money this year since the pay stubs we sent with cumulative money weren't enough?

Thank you in advance for your help and happy holidays.

[F1holdermarried 0]

Oops, I am adjusting from F1 visa, so if this topic needs to be moved, I am sorry

[F1holdermarried 0]

Does anyone have insight into this? The way it sounds to me is that they want an employment letter stating what he made instead of stating a gross salary, correct? If so, how can I prove that he made enough this year to be above the poverty line?

Any help would really appreciated. I am freaking out a little.

[sarahk316 2]

I replied in the other thread, but yeah from reading this you need to get your husbands boss to write up a letter. Like I said we were in a similar situation. The boss wrote what my husband makes per hour, which now satisfies the poverty line. They haven't asked for any additional evidence so maybe just get that letter. When they see what he makes per hour they can probably do the math. Good luck!

[F1holdermarried 0]

I replied in the other thread, but yeah from reading this you need to get your husbands boss to write up a letter. Like I said we were in a similar situation. The boss wrote what my husband makes per hour, which now satisfies the poverty line. They haven't asked for any additional evidence so maybe just get that letter. When they see what he makes per hour they can probably do the math. Good luck!

I saw it. Thanks so much. I really hope that's enough because doesn't your application get denied if you fail to provide the information they asked for in the RFE?

[TBoneTX 43,489]

*** Thread moved from main AOS/Family-Based forum to AOS from Work, Student, & Tourist Visas forum -- OP is on an F visa. ***