Three years Tax Returns for !-134?

[marlea 84]

I've read in many posts on this forum that say a petitioner needs three years worth of tax returns to be submitted with an I-134, but I haven't seen that anywhere on the instructions for the form. Have people found that is what is needed at the interview, even though it's not asked for? Or is this just a suggestion that people have made in an attempt to be over-prepared?

The instructions ask for:

1. A letter from a bank officer regarding accounts

2. A statement from an employer

3. Last year's tax return ONLY if self-employed

According to the London Embassy website (which I will be dealing with for my UK fiance), it asks for 2 or more of the following:

1. Notarized copy of last year's tax return

2. A statement from an employer

3. A letter from a bank officer regarding accounts

4. Any other evidence which would establish financial stability.

Personally, my last three years returns won't help me as I've only been recently employed after graduating school. But by the time my fiance's interview rolls around, I will have been in my job for long enough to have established a good financial basis. Last year's return won't even look good as I didn't make a lot, so I can't see the benefit of submitting it as evidence when, just going by my employer statement and bank statements I will have plenty of money.

Basically, I don't want to open a can of worms that my fiance has to explain if it isn't necessary in the first place.

Anyone know where this "three year's worth of tax returns" came from?

[Audy_Rob 26]

Hi,

The three years tax returns come from two places;

1) Some Embassies/Consulates of other countries specifically require it as the I-134 evidence required is Consulate and Adjudicating officer specific as you can tell since you posted what the UK Embassy in London wants.

2) The other point you made yourself, it is always better to have more than what is asked for in the instructions or web site and not requested, than to have less and have it asked for.

Keep in mind, Consular Officers are allowed a wide latitude in accepting or rejecting the I-134 and accompanying evidence. Finally, read the last requirement from the UK Embassy.

"4. Any other evidence which would establish financial stability."

For some applicants three years of tax returns could go far to show financial stability.

Good luck.

[marlea 84]

Thanks, I appreciate the reply. I was just wondering as many posts I've seen seem to quote the three year number as if it's gospel, which is confusing. If it's a suggestion for additional info, or if specific consulates require three year's worth, then it makes sense to say so. I just wanted to make sure that I hadn't missed something somewhere.

[Audy_Rob 26]

Thanks, I appreciate the reply. I was just wondering as many posts I've seen seem to quote the three year number as if it's gospel, which is confusing. If it's a suggestion for additional info, or if specific consulates require three year's worth, then it makes sense to say so. I just wanted to make sure that I hadn't missed something somewhere.

I think you have summed it up quite well and therefore are entering the lion's den with the proper knowledge aforehand.

[payxibka 10,045]

I-134 topics are best posted in the Consulate forum.... moving thread

[BokkieandGuapo 4]

We got an RFE for tax returns at the interview take them it saves heartache

[JimVaPhuong 4,863]

You can generally ignore the instructions that are provided with the I-134. The form and it's instructions were created by USCIS, which is an agency in the Department of Homeland Security. However, for a K visa the form will be reviewed at a US consulate, which is under the Department of State. This is an example of one department of the US government borrowing a form from another department and using it for a similar purpose.

The instructions you need to follow are the ones from the consulate. Those instructions can vary dramatically from one consulate to another. Most consulates will ask for at least the most recent year's tax return. London gives you some options which apparently allow you to submit evidence that doesn't include any tax returns, but if they aren't satisfied with the evidence you provide then they could still ask you to come back with more evidence, which may include tax returns. In general, it's better to provide more evidence than needed in order to avoid a potential 221(g) denial and request for additional documents. The consulate will understand that a recent graduate would probably not have earned much prior to graduation. You can include a letter explaining the situation, if you like.