Do we need a letter from my husband's employer (AOS interview)?

[Allie D 39]

My husband and I received our I-787C Notice of Action with a date for our initial interview.

 

The checklist ("You must bring the following items with you") for the I-864 (Affidavit of Supoprt) includes "letters from each current employer, verifying current rate of pay and average weekly hours, and pay stubs for the past 2 months).

 

My husband is my sole sponsor. When we filed our AOS packet last year, we did not include the letter from the employer. My husband is an engineer with a stable, salary-based job and makes more than the USCIS income threshold for our family of two. Since we didn't get a RFE, we assumed that his pay stubs and 2015 tax returns were sufficient proof.

 

From the checklist in the notice we just received, it seems that the employer's letter is to verify the current rate of pay and average weekly hours. This proof would be important for someone whose earnings depend on the wage rate, number of hours worked, and/or someone who has a contractual job. My husband works full-time but does not have pre-specified hours. He earns enough that he's not eligible for overtime. Since he earns a salary, he doesn't have a "current rate of pay".

 

We intend to bring my husband's recent pay stubs and 2016 tax returns to the interview. Do we need a letter from his employer? The only thing such a letter could confirm is his salary and the fact that he's still an employee of the firm. His pay stubs and tax returns already indicate this. We could bring his offer letter, but again, this doesn't offer additional proof.

[JJ&LK 7]

Hi Allie, 

The language on your Interview Notice is quite generic. They give all applicants the same list of what to bring, regardless of if you have already submitted those documents, or if they were up to the standard they require. I have read testimony of the interviews saying that they very often don't ask for those documents again, but do require you to have them in the event that they do want to see them. It doesn't hurt to bring along everything they ask for, even if those things are already in your original application. I wouldn't read into the semantics too much, they just want you to be prepared to answer questions about every aspect of your application and made sure that all of the information you submitted originally is still valid and current.

I hope this helps!

[geowrian 22,336]

The I-864 requires evidence to support the information provided on it. To prove current income, there is no single piece of evidence. A letter from your employer with the requested information is one piece of evidence. Pay stubs are another. It does depend on how strict they want to be...lack of pay stubs may mean you no longer have the job. Lack of the employment letter may mean you were only recently hired or may only work part of the year or part time, so the income may not be intended to continue throughout the year.

 

It's recommended to provide everything so there is no possible questioning of the sponsor's income. You can be approved without any individual piece. They may not even look at any evidence. You also may not be approved pending sufficient paperwork. Personally, I think you'll probably be fine without the letter, but I would still recommend bringing one - "probably" is too risky for my taste.

Edited May 8, 2017 by geowrian

[ricky90501 15]

Because employers get these requests all the time they often issue standard letters that state that the employee is employed full time as a ______ and annual salary. Your husband probably just needs to request one from HR and he can probably get one pretty quickly.

[Allie D 39]

@geowrian : Thank you for the explanation. I hadn't thought about how the lack of an employment letter might signal job instability. As @ricky90501 suggested, I've asked him to request a generic employment letter from HR.