hypothetical questions and the I-134 affidavit of support!

[JonasMichaels 0]

The I-134 word for word states: a statement from the officer of the bank - date account opened - total deposits for the last year - current balance.

Does this mean 1) the consulate does not need monthly bank statements?

2) if I stay in Vietnam until the interview, how can I get a statement like this from the officer of my bank?

more importantly 3) if I get an interview date in say, March 2009, am I supposed to give them total deposits for 2009 or total deposits for 2008?

most scary 4) I had some large wire transfers of money in 2008 from another bank account I have. I assume this could be proven where the money came from (not exactly sure how unless I ask the bank officer to state that) but this opens up a whole can of worms as far as the red flag "he got paid to marry her" thing.

and finally 5) I make quite a bit of money through my job, more than enough to satisfy the requirements, is this whole bank statement thing OPTIONAL provided I have tax transcript and letter from employer?

HELP!

Jonas

Edited December 5, 2008 by JonasMichaels

[YuAndDan 153]

The directions included with I-134 are very old, USCIS has no reason to update them since USCIS has no application for that form.

The consulates tend to treat the I-134 like a mini-I-864 as so prefer the same financial evidence as the I-864.

In our case this what the I-134 included.

• I-134 signed and notarized.

• SIMPLE Tax transcripts from the IRS for past 3 years, (Redundant for the (1040,W2,1099) but are free from the IRS http://www.irs.gov/faqs/faq1-6.html

• Photo copy of IRS form 1040, and W2s for past 3 years (Not necessary if you provide the transcripts)

• Letter from my employer stating annual salary, job responsibility, and that is full time, on company letterhead.

• Photo copies of past month or so of pay stubs up to a few weeks before the interview.

My income was well above the povertyline so I did not include any asset data (LIKE BANK STATEMENTS or property values).

If your income exceeds 125% of the povertyline when counting yourself, prospective immigrant and any dependents, then don't bother with assets (401K, Bank balance, Stocks etc..), it is just extra un-needed data to provide, the consular officer is most concerned with INCOME.

[JonasMichaels 0]

The directions included with I-134 are very old, USCIS has no reason to update them since USCIS has no application for that form.

The consulates tend to treat the I-134 like a mini-I-864 as so prefer the same financial evidence as the I-864.

In our case this what the I-134 included.

• I-134 signed and notarized.

• SIMPLE Tax transcripts from the IRS for past 3 years, (Redundant for the (1040,W2,1099) but are free from the IRS http://www.irs.gov/faqs/faq1-6.html

• Photo copy of IRS form 1040, and W2s for past 3 years (Not necessary if you provide the transcripts)

• Letter from my employer stating annual salary, job responsibility, and that is full time, on company letterhead.

• Photo copies of past month or so of pay stubs up to a few weeks before the interview.

My income was well above the povertyline so I did not include any asset data (LIKE BANK STATEMENTS or property values).

If your income exceeds 125% of the povertyline when counting yourself, prospective immigrant and any dependents, then don't bother with assets (401K, Bank balance, Stocks etc..), it is just extra un-needed data to provide, the consular officer is most concerned with INCOME.

Thanks, I appreciate the post ...2 more questions.

1. I am not a math whiz, what would 125% of the povertyline be?

2. How would the above list change (or would it?) if you were getting 1099's instead of W2's. (which I am).

Thanks very much

Jonas

[pushbrk 12,249]

The directions included with I-134 are very old, USCIS has no reason to update them since USCIS has no application for that form.

The consulates tend to treat the I-134 like a mini-I-864 as so prefer the same financial evidence as the I-864.

In our case this what the I-134 included.

• I-134 signed and notarized.

• SIMPLE Tax transcripts from the IRS for past 3 years, (Redundant for the (1040,W2,1099) but are free from the IRS http://www.irs.gov/faqs/faq1-6.html

• Photo copy of IRS form 1040, and W2s for past 3 years (Not necessary if you provide the transcripts)

• Letter from my employer stating annual salary, job responsibility, and that is full time, on company letterhead.

• Photo copies of past month or so of pay stubs up to a few weeks before the interview.

My income was well above the povertyline so I did not include any asset data (LIKE BANK STATEMENTS or property values).

If your income exceeds 125% of the povertyline when counting yourself, prospective immigrant and any dependents, then don't bother with assets (401K, Bank balance, Stocks etc..), it is just extra un-needed data to provide, the consular officer is most concerned with INCOME.

Thanks, I appreciate the post ...2 more questions.

1. I am not a math whiz, what would 125% of the povertyline be?

2. How would the above list change (or would it?) if you were getting 1099's instead of W2's. (which I am).

Thanks very much

Jonas

Google "125% of poverty guideline". For two people it's about $17,500. Tax transcripts or complete returns including the 1099's. If you get 1099's you may not have "pay stubs" and technically are not "employed". Just substanciate your current income the best you can.

You may simply skip all asset related questions on the I-134 if your income is sufficient.

[YuAndDan 153]

Thanks, I appreciate the post ...2 more questions.

1. I am not a math whiz, what would 125% of the povertyline be?

2. How would the above list change (or would it?) if you were getting 1099's instead of W2's. (which I am).

Thanks very much

Jonas

1) http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

2) No different, W2 and 1099 are different ways employers report income, 1099 tends to go to contractors, W2 to traditional employees. The number on line 22 of form 1040 is what they are interested in, the (W2 AND/OR 1099) is used to prove the numbers on 1040. A simple IRS transcript will do in place of (1040/W2/1099)

[JonasMichaels 0]

The directions included with I-134 are very old, USCIS has no reason to update them since USCIS has no application for that form.

The consulates tend to treat the I-134 like a mini-I-864 as so prefer the same financial evidence as the I-864.

In our case this what the I-134 included.

• I-134 signed and notarized.

• SIMPLE Tax transcripts from the IRS for past 3 years, (Redundant for the (1040,W2,1099) but are free from the IRS http://www.irs.gov/faqs/faq1-6.html

• Photo copy of IRS form 1040, and W2s for past 3 years (Not necessary if you provide the transcripts)

• Letter from my employer stating annual salary, job responsibility, and that is full time, on company letterhead.

• Photo copies of past month or so of pay stubs up to a few weeks before the interview.

My income was well above the povertyline so I did not include any asset data (LIKE BANK STATEMENTS or property values).

If your income exceeds 125% of the povertyline when counting yourself, prospective immigrant and any dependents, then don't bother with assets (401K, Bank balance, Stocks etc..), it is just extra un-needed data to provide, the consular officer is most concerned with INCOME.

Thanks, I appreciate the post ...2 more questions.

1. I am not a math whiz, what would 125% of the povertyline be?

2. How would the above list change (or would it?) if you were getting 1099's instead of W2's. (which I am).

Thanks very much

Jonas

Google "125% of poverty guideline". For two people it's about $17,500. Tax transcripts or complete returns including the 1099's. If you get 1099's you may not have "pay stubs" and technically are not "employed". Just substanciate your current income the best you can.

You may simply skip all asset related questions on the I-134 if your income is sufficient.

I am a little confused... If I get 1099's I am not technically employed? Will this affect the consulate's decision negatively that I don't get w2's?

I make well over 125% of the poverty guideline, have been with the same employer for 10 years, I just have always been on 1099's.

Jonas

[pushbrk 12,249]

The directions included with I-134 are very old, USCIS has no reason to update them since USCIS has no application for that form.

The consulates tend to treat the I-134 like a mini-I-864 as so prefer the same financial evidence as the I-864.

In our case this what the I-134 included.

• I-134 signed and notarized.

• SIMPLE Tax transcripts from the IRS for past 3 years, (Redundant for the (1040,W2,1099) but are free from the IRS http://www.irs.gov/faqs/faq1-6.html

• Photo copy of IRS form 1040, and W2s for past 3 years (Not necessary if you provide the transcripts)

• Letter from my employer stating annual salary, job responsibility, and that is full time, on company letterhead.

• Photo copies of past month or so of pay stubs up to a few weeks before the interview.

My income was well above the povertyline so I did not include any asset data (LIKE BANK STATEMENTS or property values).

If your income exceeds 125% of the povertyline when counting yourself, prospective immigrant and any dependents, then don't bother with assets (401K, Bank balance, Stocks etc..), it is just extra un-needed data to provide, the consular officer is most concerned with INCOME.

Thanks, I appreciate the post ...2 more questions.

1. I am not a math whiz, what would 125% of the povertyline be?

2. How would the above list change (or would it?) if you were getting 1099's instead of W2's. (which I am).

Thanks very much

Jonas

Google "125% of poverty guideline". For two people it's about $17,500. Tax transcripts or complete returns including the 1099's. If you get 1099's you may not have "pay stubs" and technically are not "employed". Just substanciate your current income the best you can.

You may simply skip all asset related questions on the I-134 if your income is sufficient.

I am a little confused... If I get 1099's I am not technically employed? Will this affect the consulate's decision negatively that I don't get w2's?

I make well over 125% of the poverty guideline, have been with the same employer for 10 years, I just have always been on 1099's.

Jonas

"Employer" and "employed" are techical terms. You don't work for an "employer". Note that the I-134 asks you to tell them how you "derive an income". Self employed people are required to submit tax returns. Read the instructions and the form carefully, interpret literally and answer accurately and honestly, in that order.

[JonasMichaels 0]

The directions included with I-134 are very old, USCIS has no reason to update them since USCIS has no application for that form.

The consulates tend to treat the I-134 like a mini-I-864 as so prefer the same financial evidence as the I-864.

In our case this what the I-134 included.

• I-134 signed and notarized.

• SIMPLE Tax transcripts from the IRS for past 3 years, (Redundant for the (1040,W2,1099) but are free from the IRS http://www.irs.gov/faqs/faq1-6.html

• Photo copy of IRS form 1040, and W2s for past 3 years (Not necessary if you provide the transcripts)

• Letter from my employer stating annual salary, job responsibility, and that is full time, on company letterhead.

• Photo copies of past month or so of pay stubs up to a few weeks before the interview.

My income was well above the povertyline so I did not include any asset data (LIKE BANK STATEMENTS or property values).

If your income exceeds 125% of the povertyline when counting yourself, prospective immigrant and any dependents, then don't bother with assets (401K, Bank balance, Stocks etc..), it is just extra un-needed data to provide, the consular officer is most concerned with INCOME.

Thanks, I appreciate the post ...2 more questions.

1. I am not a math whiz, what would 125% of the povertyline be?

2. How would the above list change (or would it?) if you were getting 1099's instead of W2's. (which I am).

Thanks very much

Jonas

Google "125% of poverty guideline". For two people it's about $17,500. Tax transcripts or complete returns including the 1099's. If you get 1099's you may not have "pay stubs" and technically are not "employed". Just substanciate your current income the best you can.

You may simply skip all asset related questions on the I-134 if your income is sufficient.

I am a little confused... If I get 1099's I am not technically employed? Will this affect the consulate's decision negatively that I don't get w2's?

I make well over 125% of the poverty guideline, have been with the same employer for 10 years, I just have always been on 1099's.

Jonas

"Employer" and "employed" are techical terms. You don't work for an "employer". Note that the I-134 asks you to tell them how you "derive an income". Self employed people are required to submit tax returns. Read the instructions and the form carefully, interpret literally and answer accurately and honestly, in that order.

Some people aren't as good at understanding instructions of forms as other people, the way some of this stuff is phrased confuses me. Are you saying that as long as I have last years tax TRANSCRIPT, since YuandDan says it shows 1040, w2, and 1099 information, that all I nned to prove income is the tax transcript? I do file taxes and I made around 50k this year. Should this suffice?

Jonas

[KimandRuss 0]

I too am self employed and submitted my tax records and 1099's.

The NZ Embassy (which is very lax in regards to the I-134) also suggested I provide a letter from some of the people that I work for stating that my position with them was ongoing and that my income was to be at least a certain amount for the foreseeable future.

Maybe that will help in HCMC as well.

If you have been working for the same people all that time it shouldn't be hard to prove.

The income you need to prove is based on how many people that are/will be dependent on you. If it is just you and your fiance, right now that 125% is at 17,500. It may go up some in the months to come as it will be a new year but I would imagine $50,000 will be more than enough.

[pushbrk 12,249]

The directions included with I-134 are very old, USCIS has no reason to update them since USCIS has no application for that form.

The consulates tend to treat the I-134 like a mini-I-864 as so prefer the same financial evidence as the I-864.

In our case this what the I-134 included.

• I-134 signed and notarized.

• SIMPLE Tax transcripts from the IRS for past 3 years, (Redundant for the (1040,W2,1099) but are free from the IRS http://www.irs.gov/faqs/faq1-6.html

• Photo copy of IRS form 1040, and W2s for past 3 years (Not necessary if you provide the transcripts)

• Letter from my employer stating annual salary, job responsibility, and that is full time, on company letterhead.

• Photo copies of past month or so of pay stubs up to a few weeks before the interview.

My income was well above the povertyline so I did not include any asset data (LIKE BANK STATEMENTS or property values).

If your income exceeds 125% of the povertyline when counting yourself, prospective immigrant and any dependents, then don't bother with assets (401K, Bank balance, Stocks etc..), it is just extra un-needed data to provide, the consular officer is most concerned with INCOME.

Thanks, I appreciate the post ...2 more questions.

1. I am not a math whiz, what would 125% of the povertyline be?

2. How would the above list change (or would it?) if you were getting 1099's instead of W2's. (which I am).

Thanks very much

Jonas

Google "125% of poverty guideline". For two people it's about $17,500. Tax transcripts or complete returns including the 1099's. If you get 1099's you may not have "pay stubs" and technically are not "employed". Just substanciate your current income the best you can.

You may simply skip all asset related questions on the I-134 if your income is sufficient.

I am a little confused... If I get 1099's I am not technically employed? Will this affect the consulate's decision negatively that I don't get w2's?

I make well over 125% of the poverty guideline, have been with the same employer for 10 years, I just have always been on 1099's.

Jonas

"Employer" and "employed" are techical terms. You don't work for an "employer". Note that the I-134 asks you to tell them how you "derive an income". Self employed people are required to submit tax returns. Read the instructions and the form carefully, interpret literally and answer accurately and honestly, in that order.

Some people aren't as good at understanding instructions of forms as other people, the way some of this stuff is phrased confuses me. Are you saying that as long as I have last years tax TRANSCRIPT, since YuandDan says it shows 1040, w2, and 1099 information, that all I nned to prove income is the tax transcript? I do file taxes and I made around 50k this year. Should this suffice?

Jonas

Join the club. I'd provide three years of tax transcripts. Something similar to an employer letter wouldn't hurt. Since you've earned your living primarily or completely as a result of work you do for one company, I expect they'll be willing to write a letter to effect you've been with them for however long and that they foresee that continuing.

[wayno 9]

How I understand it,as I usually get 1099's also, is on a W2 your income is your income. On a 1099 your income is your income minus your deductions. Too many deductions can hurt. I saw that when I looked into buying a house this past year. Making around 45,000 in 07' with only 12,000 being on a W2 was actually showing only 35,000 in income after deductions so they recomended not to claim as many deductions to keep my income at around 40-42,000. Wound up backing out on the house, which was a good thing. Being an independent contractor and taking a 1099 has it's advantages but has it's disadvantages also. Of course for me, I may have screwed up. After my talk with the broker I asked my summer employer to take out taxes and give me a W2 so everything will be easier when I buy a house. Now for immigration my job becomes a part time seasonal deal instead of full time self employment. And I'll still be self employed for the rest of the time when freelancing. But again, that may be difficult to prove full time with a seasonal employment on another job. Hopefully it will work out because it is the same occupation. I plan to give three years of transcripts and maybe even file a guarterly estimate for the first part of 09' for any cash I may bring in just to show proof of some income if my other job hasn't started in time for her interview.