What documents do I attach with I-134

[singh8281 0]

What supporting evidence should be sent along with form I-134 for K1 purpose?. I have seen people mentioned attaching past year tax returns, pay stubs, to name a few, I just went over the instructions and there is no mention of any of those items there, instead they are asking for your bank statements indicating the opening date, current balance and deposit made in the last year. A leter from your employer showing your start date, your title and salary would suffice too, I wonder if it's either or between those two or both.

Would an offer letter along with pay stubs be sufficient proof of employment for USCIS?.

This is what I am following--> http://www.uscis.gov/files/form/i-134instr.pdf

[Audy_Rob 26]

What supporting evidence should be sent along with form I-134 for K1 purpose?. I have seen people mentioned attaching past year tax returns, pay stubs, to name a few, I just went over the instructions and there is no mention of any of those items there, instead they are asking for your bank statements indicating the opening date, current balance and deposit made in the last year. A leter from your employer showing your start date, your title and salary would suffice too, I wonder if it's either or between those two or both.

Would an offer letter along with pay stubs be sufficient proof of employment for USCIS?.

This is what I am following--> http://www.uscis.gov/files/form/i-134instr.pdf

1) The I-134 is presented to the interviewing Embassy/Consulate, not USCIS.

2) If you can show a steady income of 125% of the poverty line or more for your family size, you, your fiance(e) and any other dependents, then you should provide:

a) Letter of Employment

b) pay stubs (3-6 months)

c) Tax Transcripts or Tax returns with W-2s, 1099s and all schedules attached

3) If your income is below the 125% poverty line then you might want to show substantial assets

a) Bank accounts - statements for 6 months to 1 year

b) Brokerage accounts, bonds etc...

c) Real estate appraisal, deeds, mortgage amounts.

Good luck.

[singh8281 0]

Audy_Rob, thanks for chiming in. How many years worth of tax transcripts is the norm with consulate or does it vary?

[Audy_Rob 26]

Audy_Rob, thanks for chiming in. How many years worth of tax transcripts is the norm with consulate or does it vary?

It will vary with the Consulate but THREE years is the very maximum anyone would ever ask for. You can request Tax Transcripts which are FREE from the IRS by calling 1-800-829-1040 and go through the automated phone system listening for the options related to tax history or records until you actually get the Tax Transcript menu.

DO NOT get the Tax Account Transcripts. Get the Full Tax Transcript which is Option 2 of the Telephone menu for Tax Transcripts.

Good luck.

[VanessaTony 3,567]

What supporting evidence should be sent along with form I-134 for K1 purpose?. I have seen people mentioned attaching past year tax returns, pay stubs, to name a few, I just went over the instructions and there is no mention of any of those items there, instead they are asking for your bank statements indicating the opening date, current balance and deposit made in the last year. A leter from your employer showing your start date, your title and salary would suffice too, I wonder if it's either or between those two or both.

Would an offer letter along with pay stubs be sufficient proof of employment for USCIS?.

This is what I am following--> http://www.uscis.gov/files/form/i-134instr.pdf

I followed the instructions to the letter. My husband (then fiance) only sent me a letter from his employer, and letters from his banks as per the instructions and I sent those (and only those) with the I-134. We were approved with absolutely no problems and no RFE's or questions about income.

What you "need" depends entirely on your consulate. Audy_rob's consulate obviously asked for tax returns/transcripts but they are NOT required and you do NOT need to send them unless your consulate specifically asks for them. HOWEVER, if you WANT to send them then you are perfectly fine to do so, as long as you fulfill the ACTUAL requirements (such as the letters from work and the banks).

[VanessaTony 3,567]

Sorry. Duplicate post

Edited May 3, 2010 by Vanessa&Tony

[VanessaTony 3,567]

It will vary with the Consulate but THREE years is the very maximum anyone would ever ask for. You can request Tax Transcripts which are FREE from the IRS by calling 1-800-829-1040 and go through the automated phone system listening for the options related to tax history or records until you actually get the Tax Transcript menu.

DO NOT get the Tax Account Transcripts. Get the Full Tax Transcript which is Option 2 of the Telephone menu for Tax Transcripts.

Good luck.

Disagree. They do not WANT the full tax transcript, they want the Tax Account Transcript.. this one: http://accuverify.com/Account%20Transcript.pdf they do NOT want this one: http://accuverify.com/sample.pdf

They only need to know THAT you filed, and what your gross income is.. none of the other stuff (like how much of a return you got, whether you applied for the Hope credit etc) is relevant to them.

Also, if you need proof that I'm right, please go see the I-864 instructions (which is the form for AOS that DOES require tax returns) here: http://www.uscis.gov/files/form/i-864.pdf page 8, second column here: "For purposes of this affidavit, the line for gross (total) income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040 EZ,the line for adjusted gross income will be considered."

You will see on the ACCOUNT transcript mention above has "form number 1040" on it. Up the top, under the words "account transcript".

Edited May 3, 2010 by Vanessa&Tony

[Audy_Rob 26]

Disagree. They do not WANT the full tax transcript, they want the Tax Account Transcript.. this one: http://accuverify.com/Account%20Transcript.pdf they do NOT want this one: http://accuverify.com/sample.pdf

MORE is better.

I am surprised a member is recommending to submit less documentation rather than more documentation. But that member went through Australia, not Argentina. For Australia and New Zealand there will be far less scrutiny then your Consulate/Embassy. Why provide less documentation and risk a 221(g) or request for more documentation at the Interview stage when it is so easy to provide an abundance of proof of your I-134 Affidavit.

I am making a recommendation based on the following LINK:

http://www.visajourney.com/forums/topic/251674-when-asking-for-a-tax-transcript/

I am also providing three years of full tax transcripts because I do not want to risk a 221g when they decide they want to see more.

There are many interesting discussions going on now as to the applicability of the I-864 instructions relative to the I-134 Affidavit. Unfortunately there are no answers in this thread because there are no statements in the I-134 instructions and statements in the I-864 instructions are changed or ignored by members such as calculating household size and how to apply assets to income levels.

I will copy one posting from the following Link:

http://www.visajourney.com/forums/topic/254361-is-my-co-sponsor-able-to-co-sponsor/

===== Copy of JimVaPhoungs posting =====

It's an interesting theory. If it were true, then it hasn't panned out that way. Many consulates still accept joint sponsors with the I-134. It's true that the I-134 doesn't specifically allow for joint sponsorship, but it also doesn't specifically forbid it. In fact, the I-134 is almost completely devoid of specifics of any kind. It's vague and ambiguous about what sort of income evidence is needed. It doesn't specify what the minimum income requirements are, or how it will be determined if the sponsor meets those requirements. It lacks the concept of "household size", and differs dramatically from the I-864 in how dependents are declared. This leaves the determination almost entirely up to the discretion of the consulate, which is actually what the law specifies for a non-immigrant visa.

If it were the goal of the Department of State to phase out joint sponsors for K visas, they could do that with a policy memorandum. The law gives them that discretion.

==== End of copy and paste =====

To OP. Good luck

[singh8281 0]

MORE is better.

I am surprised a member is recommending to submit less documentation rather than more documentation. But that member went through Australia, not Argentina. For Australia and New Zealand there will be far less scrutiny then your Consulate/Embassy. Why provide less documentation and risk a 221(g) or request for more documentation at the Interview stage when it is so easy to provide an abundance of proof of your I-134 Affidavit.

I am making a recommendation based on the following LINK:

http://www.visajourney.com/forums/topic/251674-when-asking-for-a-tax-transcript/

I am also providing three years of full tax transcripts because I do not want to risk a 221g when they decide they want to see more.

There are many interesting discussions going on now as to the applicability of the I-864 instructions relative to the I-134 Affidavit. Unfortunately there are no answers in this thread because there are no statements in the I-134 instructions and statements in the I-864 instructions are changed or ignored by members such as calculating household size and how to apply assets to income levels.

I will copy one posting from the following Link:

http://www.visajourney.com/forums/topic/254361-is-my-co-sponsor-able-to-co-sponsor/

===== Copy of JimVaPhoungs posting =====

It's an interesting theory. If it were true, then it hasn't panned out that way. Many consulates still accept joint sponsors with the I-134. It's true that the I-134 doesn't specifically allow for joint sponsorship, but it also doesn't specifically forbid it. In fact, the I-134 is almost completely devoid of specifics of any kind. It's vague and ambiguous about what sort of income evidence is needed. It doesn't specify what the minimum income requirements are, or how it will be determined if the sponsor meets those requirements. It lacks the concept of "household size", and differs dramatically from the I-864 in how dependents are declared. This leaves the determination almost entirely up to the discretion of the consulate, which is actually what the law specifies for a non-immigrant visa.

If it were the goal of the Department of State to phase out joint sponsors for K visas, they could do that with a policy memorandum. The law gives them that discretion.

==== End of copy and paste =====

To OP. Good luck

thanks for your input, did your husband send a bank statement that shows the account opening date or was it just a regular monthly statement depicting the available balance, because according to the instructions the letter/statement must show the date the account was opened along with the money deposited in the past year. I am wondering how do I go about obtaining that or like the one of poster mentioned if you're above 125% then the bank statement wouldn't be required and you can do away with offer letter, tax transcripts and pay stubs.

Edited May 3, 2010 by singh8281

[Audy_Rob 26]

thanks for your input, did your husband send a bank statement that shows the account opening date or was it just a regular monthly statement depicting the available balance, because according to the instructions the letter/statement must show the date the account was opened along with the money deposited in the past year. I am wondering how do I go about obtaining that or like the one of poster mentioned if you're above 125% then the bank statement wouldn't be required and you can do away with offer letter, tax transcripts and pay stubs.

If your income is at or above the 125% of the poverty line, you need pay stubs, letter of employment and Tax Transcripts or Tax Returns with Schedules and W-2s, 1099s. You do not need the bank letter or list of deposits and statements of your deposits. They are not relevant.

(As a side NOTE, many people ask about the Bank Letter because they are unable to provide it. The Banks will not go back and add up your deposits of the past year anhd provide you a letter. Additionally, some will not provide any letter because you can use bank statements. So this question comes up often.)

If your income is below the 125% poverty line for your family (household) size, you will need to make up for it in one of two ways. You can make up for less than 125% of the poverty guideline by showing financial assets. Financial assets can be real estate (house), stocks, bonds and mutual funds, cash assets in a bank account, a second car if you demonstrate you still have one working car left, etc...

Another way to make up the income if you are below the 125% poverty line is to enlist the aid of a joint sponsor. I know for a fact the Argentinian Embassy accepts joint sponsors because it is written in their Packet 3 instructions.

If you can answer one question without giving too many details, this can be made simpler. Can you say you earn 125% or more of the poverty line for your household size? Can you say you earn below the 125% level of the poverty line for your household size?

Then it is easier to direct you to exactly what forms to provide. OK?

Good luck.

[Alcheringa 39]

Listen to Audy, he's on point.

The question should not be how little financial supporting evidence needs to be produced, but an automatic attempt to gather up as much as possible. It's not difficult to do, and the peace of mind is well worth it. If you provide too much it'll simply be disregarded. If you happen to not have something that was needed, you get gigged and face the possibility of a delay.

I'll opt for the former any day.

[Bernie C 24]

I'm a bit late jumping in but I thought I'd let you know what we did rather than just debating what might and might not work.

We were K-1 through Vietnam (known for being a particularly difficult consulate)

I provided the following:

Letter of Employment

Copies of past 2 years tax returns (all schedules, forms and w2's I file electronically so I just printed copies)

Most recent 6 months of pay stubs

Most recent 6 months of bank statements

Additional for informational purposes:

I am well above the minimum income requirement

I created a cover letter identifying the included documents and had it notarized (even though it was not required - I had it done at work by our company notary so I just figured why the heck not)

I know my example may exceed what alot say is required but when I considered my own peace of mind this is the route I took.

We had no problems and no questions regarding this.