I-134 in regard to K1 Visa

[MikeH60 0]

Sorry to post what has probably been asked 500 times previously but I've spent an hour using the search function on the forum and reading old posts, the wiki and the London Embassy website and my head is spinning when it comes to the I-134 affadavit form - the info from the USCIS and embassy just seems a bit vague to me.

My fiancee has had a job for something of the region of 9 months which pays above the 125% poverty line for two people (only by a couple of thousand though - think she worked out she was paid 134% of it) but doesn't have much in the way of assets as she is currently living in the family home. A co-sponsor would be an issue as her father currently does not work on health grounds though I work a well paid job at the moment and along with the sale of most of what I have here (car etc) should have funds well over $10,000 when I'm set to travel over.

Based on the above, what do you think of my chances, lol?

Also, I'm a bit confused on the subject of tax returns. I'm reading in some places that the most up to date one is fine whereas other places state the last three. Her current tax return is fine as it's obviously based on the good job but her last two are a bit less impressive as she was working in much lower paid positions. Take all three anyway and just hope they want to see the newest?

Thanks all, my brain's wrapped in knots over this bit.

[Bobby+Umit 161]

If she makes at least 100% of the level (which is what the I-134 calls for - 125% is just icing - but some embassies want it that high) and can back it up with a letter from the employer, and toss in some tax transcripts (to show steady income - plus I believe the UK embassy wants them with the I-134), you will not need assets or a co-sponsor.

They will look at current income levels, not past ones. Most recent tax year holds the most weight compared to previous ones.

However, the letter for current income holds even more weight.

Edited March 16, 2010 by Bobby+Umit

[Boiler 43,848]

Not sure what the requirement is to self sponsor now, you might have enough, contact the Embassy and ask them.

[Nik+Heather 121]

Not sure what the requirement is to self sponsor now, you might have enough, contact the Embassy and ask them.

3-5x the income shortfall if he wants to be sure. So 10k would only cover 2-3k of shortfall on the income. The last person I read self sponsoring had made a boat load when they sold their house.

[Boiler 43,848]

I assumed it was the same, but not the case. I did not sell my flat.

Just enough it seems to cover the 90 days.

Which sort of makes sense.

[MikeH60 0]

Right so taking the I-134, letter from her employer showing her current income is 134% of the poverty level, newest tax return (with last couple in reserve in case they ask for them) and her newest three pay stubs should be sufficient, do you think?

[Nich-Nick 3,353]

Right so taking the I-134, letter from her employer showing her current income is 134% of the poverty level, newest tax return (with last couple in reserve in case they ask for them) and her newest three pay stubs should be sufficient, do you think?

Yes, that sounds perfect to me. Be sure the tax return has the 1040 form, along with any schedules she may have filed (Schedule A, Schedule D, etc) and the W-2 statement of wages that is mailed out in January by employers with a yearly summary of earnings for the previous year. Sorry if I'm repeating something you know, but there's always people who get to the interview (or mail in AOS) that don't understand a complete tax return means all the IRS forms and the W2.

[TracyTN 237]

Agreed, though I don't know where you're getting the 134% figure. More like 125%.

[MikeH60 0]

Agreed, though I don't know where you're getting the 134% figure. More like 125%.

Yup, I know the required level is 125% The 134% is what she worked out her salary to be.

She filed her taxes online apparently (I'm not really up on this sort of thing as being a UK resident I don't do my own taxes!) so will print everything off... will she be able to get all the required additions mentioned above that way?

[TracyTN 237]

Yup, I know the required level is 125% The 134% is what she worked out her salary to be.

She filed her taxes online apparently (I'm not really up on this sort of thing as being a UK resident I don't do my own taxes!) so will print everything off... will she be able to get all the required additions mentioned above that way?

Oh ok - I wasn't reading that right I guess.

She should have W2s and 1099s regardless of how she files. I still find tax transcripts to be easier, but I'm funny that way.

[MikeH60 0]

Thanks for the replies, Tracy.

We've hit a bit of a disaster just as everything was coming together - I've got all my documents together, I'm ready to book my medical and she was just collecting the last of her tax info together having got the letter from her boss, pay slips and so on together meaning I was just about ready to respond to the Embassy letter to book an interview when out of the blue she's losing the job... (cutbacks and so on).

This is a bit heartbreaking as we've got no idea what to do next. She's getting straight into looking for a new job but the chances of getting one that pays as well as that one did aren't great so all of a sudden te precious employer's letter is worthless!

Looks like everything will have to go on hold for the time being which is frustrating but at least we've got all the above info for when we're able to re-apply. Argh!

[TracyTN 237]

Would her parents be willing to fill out an I 134 just to get you the visa? It's not legally binding so they're not really on the hook for anything. Then hopefully she would find a new job and could fill out the I 864 with your adjustment of status application.

[MikeH60 0]

Unfortunately her Dad recently had to stop working due to a heart problem and lets just say her mother "isn't present" so we're a bit out of luck on the co-sponsor stakes. She's hunting the job market just now and is prepared to work a full-time job and a part-timer if necessary to get the figure up to something like what it was in her old one in the hope that will suffice... guess we'll just have to hope for the best at the interview.