support filing

Hi all, how to proof that the intending immigrant (me) has the sources of income from the same source/employment after green card is acquired? I am here on H1b, and the nature of the employment is volunatary and at will. Either the company or me can terminate the realtionship at any time for any reason. Therefore, I cannot ask the HR to write me a letter that they promise/are going to continue hiring me in the future... can someone gives me some insights?
 
A regular job letter is fine; it doesn't have to promise to continue beyond a certain date. USCIS will assume the job will continue after the GC unless something about the job leads them to believe otherwise, like if it is a short-term contract or summer internship.
 
Is there a sample letter for that?

What's the purpose of the federal tax return? I dont understand. If the person used to work for one thing, then this year, he/she quit that old job and works for another job, the tax return doesn't tell anything. It seems to me that the current job is what counts, right?
 
Last edited by a moderator:
immbie said:
Is there a sample letter for that?
Click to expand...
Your employer has a standard format for job letters. They don't need to do anything different for this. Just make sure it includes the salary.

What's the purpose of the federal tax return? I dont understand. If the person used to work for one thing, then this year, he/she quit that old job and works for another job, the tax return doesn't tell anything. It seems to me that the current job is what counts, right?
Click to expand...
They want to know that you filed taxes. And multiple years of tax transcripts gives more credibility that the job is genuine and that you are capable of earning the stated amount on a long-term basis. If your prior years had income below the poverty line but the current job has a drastically higher salary, they might request more evidence to explain the increase (e.g. did you get a degree or a promotion) and determine if the higher income job is genuine and sustainable, and not just a short-term fluke after which you'll go right back to the low income.
 
Thanks, Jake. Now, if it uses my own income and...

1. After I get the green card and lost my job/laid off, will there be any issues to my green card or my status here?

2. What if I lost the job before the interview takes place?
 
1) No issue. Just make sure you don't try to collect welfare-type benefits before you have 10 years of Social Security credits or become a citizen. But it is OK to collect unemployment benefits.
2) Then your wife needs to get a job to meet the requirements and fill out a new I-864, or you need a co-sponsor.
 
2) Then your wife needs to get a job to meet the requirements and fill out a new I-864, or you need a co-sponsor.[/QUOTE]

Jake, are you saying that, even when we filed petition, we put my income for that form I-864, and in case I lost the job before the interview, we can bring a new "I-864" to the interview to show another sponsor? Or what exactly is the process?

I re-read what you posted:
"A regular job letter is fine; it doesn't have to promise to continue beyond a certain date. USCIS will assume the job will continue after the GC unless something about the job leads them to believe otherwise, like if it is a short-term contract or summer internship." I am here on work visa and it is expiring next year 2011.. would that lead them to believe otherwise?
 
Last edited by a moderator:
immbie said:
Jake, are you saying that, even when we filed petition, we put my income for that form I-864, and in case I lost the job before the interview, we can bring a new "I-864" to the interview to show another sponsor?
Click to expand...
Bring a new I-864 (or I-864A) with the proof of income to the interview.

I am here on work visa and it is expiring next year 2011.. would that lead them to believe otherwise?
Click to expand...
That won't happen in your case. You have a long-term full-time job, not a short-term contract or internship. And I assume your employer hasn't announced that they're going bankrupt or something like that.
 
I have another question. My wife is giving her work place notice because she has to leave for another job which won't start in mid-august. But between mid-July and that date, she will be unemployed. Now on I-864, we previously put her current employment and we plan to file the petition some time early of mid-July before her unemployment kicks in. Should we put her being unemployed on the form, or put her current employment as for now? Then take a new I-864 form with us to the Interview with her new job? But her income doesn't meet the requirement. Mine alone is sufficient.
 
If your income alone is sufficient, her job situation won't matter. Keep things simple by not listing her income at all.
 
Last edited by a moderator:
Jake, if that's the case, so on question 30 and 31, who is going to sign, name and date the application? Me or my wife? because I will be sponsoring myself so to speak..
 
You are not the sponsor. The USC who is filing the I-130 is the sponsor, and that same person is to fill out and sign the I-864. Wherever it says "I am" or "your", they are referring to the USC, not you the immigrant. The rules automatically allow using the immigrant spouse's income because it is assumed that the USC spouse will have access to that income, so the immigrant spouse is not supposed to fill out an I-864 or I-864A.

Since her income is low and sporadic and is not needed for this, she should just put N/A where it asks for her own income, so she won't have to provide her tax returns and other evidence of her income (of course, if you filed joint returns with her then she would naturally be included on the return even though the return is for the purpose of proving your income and not hers). Then your income would be listed in part 24.
 
Jake, my wife decides to continue her employment but still cannot use for sponsorship. How do I fill out the form so that her income is not being used? The question asked like this:

I'm currently employed at ____________________ then her annual income _________ How can I fill out that part?
 
If she filed for the past 3 years, she would fill in that checkbox and include either a tax return+W2, or a transcript for the most recent year.

That doesn't mean she has to put that income on the other parts of the form. The instructions say question 23 (which is the sponsor's income), should have the amount of current income that will be used to meet the support requirements, whereas that tax question is about past income that won't necessarily still be earned or available for support.
 
Last edited by a moderator:
You must log in or register to reply here.
Top