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How long should I be employed for I-134 affidavit of support? Annual salary for hourly paid employees.

Dallas, TX |

My I-129F was approved 2 weeks ago and i am preparing Affidavit of support for my fiancee. I have been working in this company since 2001 but i quit two times in last 2 years when visiting my fiancée
( i stayed for six months both times out of US), those two times are listed as unemployed in G-325, but i still made enough income. In employer letter for 134 should i state employed since 2001 or since 2012, is it a problem to put that recent date in 2012? And I am paid hourly, plus bonuses for over time and always working Saturdays, should i just calculate my annual income like this hourly x 40 hours x 52 weeks plus bonuses. Thanks for help.

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Attorney answers 4

Posted

You can use the 2001 date, but also indicate just what you have mentioned here, that you were unemployed for two long periods. Your income for those two years should be exactly what you made then. Projecting forward it is okay to calculate your income as you suggested.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.

Asker

Posted

I wrote employed since 2001 with two long periods of unemployment. I hope it will be allright, since the taxreturn transcrip show he made more than enough money, we got paystubs and bank statement, I hope it will not frighten Consular officers when they read two unempoyed periods, he earns enough for two of us.

Posted

You need to show at least a year of taxes.

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Posted

You cannot create an annual income. You need to list what you made. However, in the cover you can submit and explanation and projected income.

Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.

Asker

Posted

You suggest that we put what we made in 2012 as his annual income? How should the employer letter look like then? I mean what to write about annual income?

Anu Gupta

Anu Gupta

Posted

Yes. Recommend talking with an attorney if you need help in drafting the letter.

Asker

Posted

i will probably do so. thanks for your help.

Posted

2012 and continued employment in 2013 is all you need to be concerned with.

Keep in mind that you'll also need to do an I-864 after your fiancee comes into the US.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Asker

Posted

he made enough money in 2012, what should i be concerned about? In I864 we will put last three years of income.

F. J. Capriotti III

F. J. Capriotti III

Posted

Then you should be fine.