Question about employment

[mgcrsco415 0]

So we are working with a simplecitizen to finish my application for marriage based AOS. They asked for employment letter, last years W2’s, last years tax returns and 6 months worth of paystubs. I submitted everything except the 6 months of paystubs because my husband was on PFL for almost 2 months (Jan-Feb) because we had a baby, and then about 3 weeks after going back to work he was laid off due to COVID-19. He collected unemployment until he was able to go back to work but he has only been back with his company for 3 weeks. 
 

He makes about 60k a year, and his employment letter states he is currently employed and working full 40 hour weeks now. I’m in a bit of a time crunch because I already did my medical and now only have 60 days to submit everything. 
 

I guess my question is, is the lack of paystubs going to be a major problem? Should I just submit his EDD stubs?

[geowrian 22,335]

The most recent paystub - which reflects his current annual income - is what really matters.

[mgcrsco415 0]

15 hours ago, geowrian said:

The most recent paystub - which reflects his current annual income - is what really matters.

Thank you for your reply. Do you know if the unemployment income he received while laid off will count towards the affidavit of support (paired with his actual income from his job) or does unemployment not count at all?

[geowrian 22,335]

28 minutes ago, mgcrsco415 said:

Thank you for your reply. Do you know if the unemployment income he received while laid off will count towards the affidavit of support (paired with his actual income from his job) or does unemployment not count at all?

He is getting unemployment income and is working at the same time?

If not, then unemployment income would no longer be a factor...it is not part of his current income.

If so, then his income is likely too low to qualify for sponsorship (UI is reduced by the amount you earn in a benefit week).

Edited August 7, 2020 by geowrian

[mgcrsco415 0]

On 8/7/2020 at 2:25 PM, geowrian said:

He is getting unemployment income and is working at the same time?

If not, then unemployment income would no longer be a factor...it is not part of his current income.

If so, then his income is likely too low to qualify for sponsorship (UI is reduced by the amount you earn in a benefit week).

Sorry, he was receiving unemployment until mid July and then went back to work and is no longer receiving it. But I thought his annual Income had to be over a certain threshold. We will be applying this month so if unemployment doesn’t count, then he may not meet the threshold if they are only basing it on what he earns from now until the end of the year.. if I Understand correctly? Sorry this part is really confusing me and I don’t want to fill the papers out wrong lol 

[geowrian 22,335]

1 hour ago, mgcrsco415 said:

Sorry, he was receiving unemployment until mid July and then went back to work and is no longer receiving it. But I thought his annual Income had to be over a certain threshold. We will be applying this month so if unemployment doesn’t count, then he may not meet the threshold if they are only basing it on what he earns from now until the end of the year.. if I Understand correctly? Sorry this part is really confusing me and I don’t want to fill the papers out wrong lol 

As an employee, his current annual income is how much he earns in a 12 month period.

For example, if I lose my job today, my current income for I-864 purposes is $0 despite whatever I made last year or so far this year.

If I get a job next month earning $50k/year, my current income (once I start that job) would be $50k/year despite what I made earlier in the year.

 

A common case is with students. They may have part-time or low (or no) wage earnings in the first part of the year. But once they graduate, they may get a full time, better-paid position. Their current income would be based on that job, not the previous job (or lack thereof).

 

So it's not like unemployment is being subtracted from his earnings. It's just not part of his current income because he's not receiving it anymore.

[mgcrsco415 0]

42 minutes ago, geowrian said:

As an employee, his current annual income is how much he earns in a 12 month period.

For example, if I lose my job today, my current income for I-864 purposes is $0 despite whatever I made last year or so far this year.

If I get a job next month earning $50k/year, my current income (once I start that job) would be $50k/year despite what I made earlier in the year.

 

A common case is with students. They may have part-time or low (or no) wage earnings in the first part of the year. But once they graduate, they may get a full time, better-paid position. Their current income would be based on that job, not the previous job (or lack thereof).

 

So it's not like unemployment is being subtracted from his earnings. It's just not part of his current income because he's not receiving it anymore.

Oh! Thank you so much! I get it now lol