Urgent: Need Advice on Past Earnings Evidence

[jonbrager]

My girlfriend's application was just denied due to lack of evidense on her past earnings and now we need to resubmit. Can anyone advice if this is sufficient evidense for past earnings:

Period Claimed: 4 Nov 2006 - 2 Nov 2007
1. Wage slip on 2 Nov 2007 with YTD gross earnings
2. Wage slip on 31 Dec 2006 with YTD gross earnings
3. Letter from employer stating gross earnings over the sed period

Also, she had to do some free-lance consulting for small company in order to exceed the threshold for 25 points. This work was completed in Aug 2007 and we have a letter from them stating what she earned, however this company is small and doesn't print out wage slips, just checks.

So my questions are:
1. Will the wage slip on 31 Dec 2006 cover the 2006 portion of the period covered even though it provides YTD earnings instead of earnings from 4 Nov 2006 to 31 Dec 2006? If not, do we need to get the paystubs for each pay period between 4 Nov 2006 and 31 Dec 2006? (8 in all)
2. Do we still need to submit an original IRS W2 tax form even thought it doesn't cover the entire period claimed (it's for calendar year 2006 only)?
3. What about bank statements? Do I need them based on the documents submitted above? The problem is that they will be in after-tax amounts and therefore won't match the gross earnings claimed.

If anyone can respond with advice it would be GREATLY APPRECIATED!! We need to submit ASAP due to travel plans, holidays, etc. Thanks in advance.

Sincerely, Jon.

[gordon]

Jon (and gf)

1. You need to get each and every payslip received in the entire claimed earnings period. If you have online access to payslips, so much the better, but you'll have to go to HR for them to be signed and stamped. The year-to-date information does not correspond to the summation of earnings in the period claimed, and therefore cannot validate gross earnings over same.
2. You can submit the W2 for 2006, but you should indicate clearly in the application that you are requesting exceptional consideration and that the tax return does not serve to corroborate the earnings indicated on the payslips.
3. You'll need bank statements (or letters from the employers). The reason the bank statements will corroborate the gross earnings on the payslips is that the net amount deposited should correspond (amount and date) to the net amounts indicated on the individual payslips (which should indicate gross and net). This is also why the caseworkers need each and every payslip.

The freelance consulting counts as independent contracting (or was that 'casual' employment ?). You'll see in the guidance notes that there are four classes of evidence required for contracting (contracts, tax return, bank statements, payslips/cheque stubs). Of those four, you should have all but the tax return (1099), the absence of which should be explained.

I received HSMP approval with salaried and independent contracting earnings from US tax year 2006. The contracting (some of which was also paid by paper cheque) complicated matters considerably, and I had to be very careful with the evidence to document those earnings. I learned from phone conversations with the caseworker and her manager that they scrutinised those contracting earnings very closely.

Best wishes -
AG

[jonbrager]

Thanks AG, I really appreciate the info. To clarify her consulting work, it was with a parents' friend's country club and therefore I believe she was considered a "temporary" employee. Therefore, we just assumed she could provide a wage slip and a letter from the company HR validating her employement and earnings. Is this what you mean by 'casual' employement?

Also, just to clarify. You say that we need each and every pay slip over the period claimed. Does this mean the entire 12 month period, or just the 2006 portion?

Again, thanks for the response. I really appreciate it.

[gordon]

The shorthand to be sure about her status as a temporary or casual employee: by looking at the payslips, if they took out any taxes (FICA, state or federal income, etc), then she's an employee. I hope she is; that will make things infinitely easier, and the payslips (all of them in the claimed period) and the letter will be adequate.

You need all the payslips between 4 Nov 06 and 2 Nov 07; every last one of them. The caseworker is going to look at the gross earnings paid out in each of those payslips and tally them up; that tally should be confirmed by a letter from the employer, and/or by the net amounts direct deposited into the bank (as indicated on each individual payslip). It sounds like getting the payslips will be a nightmare; if I read your earlier post correctly, she's paid weekly. With so many payslips, I recommend using their xls template to keep track of them all.

So don't leave out any payslips. If the caseworker can't find the payslip for a given week, he won't look at the ytd earnings in the next payslip to infer the previous period's earnings.

AG

[jonbrager]

Thanks again AG, you've been an immense help. I can't thank you enough. One more question though, and then I promise to not bug you again.

Do we still need to submit the IRS tax form if we submit 1) all the paystubs for both jobs and 2) have letters from both jobs validating the earnings?

The reason I ask is that currently we have a pdf copy of her W2. The refusal letter mentioned that this was not acceptable. Therefore, if we need this document when we resubmit, we will have to get an original. If we do need this original, any ideas on where to get this in short time?

Again, thank you so much. You've been a great help. In case you were wondering, I'm in London and I'm trying to get my gf over here while I finish my MBA. Being apart has been hard enough and now that her applicatoin was refused she's a wreck. Bottom line, you've been a great help.