co-sponsor for K-1...

[Yellowhead 12]

Just read a thread on here that mentioned you need the birth certificate of the sponsor and co-sponsor for the I-134's... is this correct?

Also curious about another thing. On my fiance's father's tax form (he is our co-sponsor) his wife's name is also present. Her name is also on the bank account records. Does she have to fill out a separate I-134? Is his name sufficient on this form? My fiance just visited and gave me all the info for the interview, but I just noticed this issue...

[pushbrk 13,073]

Just read a thread on here that mentioned you need the birth certificate of the sponsor and co-sponsor for the I-134's... is this correct?

Also curious about another thing. On my fiance's father's tax form (he is our co-sponsor) his wife's name is also present. Her name is also on the bank account records. Does she have to fill out a separate I-134? Is his name sufficient on this form? My fiance just visited and gave me all the info for the interview, but I just noticed this issue...

The Petitioner's citizenship is already established but you'll need a birth certificate or passport copy for the cosponsor. Only one person is acting as the cosponsor and should stated only their personal or individual income, not the joint income. Provide at least one complete tax return, (not a transcript in this case) so it's clear which income belongs to the individual. If the cosponsor's I-134 states current income as joint income and both Mom and Dad had income, you'll need a new I-134 just stating Dad's income.

[SophWeb 25]

Just read a thread on here that mentioned you need the birth certificate of the sponsor and co-sponsor for the I-134's... is this correct?

Also curious about another thing. On my fiance's father's tax form (he is our co-sponsor) his wife's name is also present. Her name is also on the bank account records. Does she have to fill out a separate I-134? Is his name sufficient on this form? My fiance just visited and gave me all the info for the interview, but I just noticed this issue...

Correct, you must provide a birth certificate to prove the sponsor is a US citizen.

Does the father provide sufficient income on his own to meet the requirements for you and any dependents (wife, children) in the household size?

If yes, then his wife will not have to provide another form. Make sure you also get a letter from his employer stating his position, how long he's worked there, his income and that he is an employee of good standing. And recent pay slips. This will help identify his income alone.

If no, you will need a different co-sponsor.

Keep in mind that even if he does not claim his wife as a dependent on his taxes, he will still need to count her in the household size and minimum income requirements when he fills out the I-134.

The Petitioner's citizenship is already established but you'll need a birth certificate or passport copy for the cosponsor. Only one person is acting as the cosponsor and should stated only their personal or individual income, not the joint income. Provide at least one complete tax return, (not a transcript in this case) so it's clear which income belongs to the individual. If the cosponsor's I-134 states current income as joint income and both Mom and Dad had income, you'll need a new I-134 just stating Dad's income.

Agreed.

Edited February 27, 2011 by SophWeb

[Yellowhead 12]

Correct, you must provide a birth certificate to prove the sponsor is a US citizen.

Does the father provide sufficient income on his own to meet the requirements for you and any dependents (wife, children) in the household size?

If yes, then his wife will not have to provide another form. Make sure you also get a letter from his employer stating his position, how long he's worked there, his income and that he is an employee of good standing. And recent pay slips. This will help identify his income alone.

If no, you will need a different co-sponsor.

Keep in mind that even if he does not claim his wife as a dependent on his taxes, he will still need to count her in the household size and minimum income requirements when he fills out the I-134.

Agreed.

Will get Birth certificate and passport.

Okay, so I am totally confused about the forms. Here are the details:

Fiance's dad is self employed, his mother works retail. They have a combined income over 90,000 a year. They filed their taxes jointly (I have a copy of their 2009 return - form 1040) and the form shows their incomes separately (hers as "wages" and his as "business income or loss". It does not, however, state whose income is whose. It simply shows both and the grand total. It shows on the back that the person filing the return (dad) is a contractor and his spouse (mom) is a clerk, but that is the only differentiation.

I also have a year worth of bank statements from their joint account, which shows more than enough income and savings for all three of us (she is not a 'dependent', but she is the spouse).

So with this taken into consideration, what do I need to adjust to have this all make sense? As mentioned, I-134 has been filled out by dad only. It shows only his income, but shows both his and his wife's assets and savings. I can have them resubmit the forms if necessary, but I believe the tax forms are all they have for me along with the bank statement. What would be easier to accomplish - getting info with just his name on it (he is self employed as mentioned before and we only have tax forms from him, no W2 or stubs, or letter from employer) or having his mom and him file as co-sponsors together? Sooo confused. Any help appreciated.

[pushbrk 13,073]

Will get Birth certificate and passport.

Okay, so I am totally confused about the forms. Here are the details:

Fiance's dad is self employed, his mother works retail. They have a combined income over 90,000 a year. They filed their taxes jointly (I have a copy of their 2009 return - form 1040) and the form shows their incomes separately (hers as "wages" and his as "business income or loss". It does not, however, state whose income is whose. It simply shows both and the grand total. It shows on the back that the person filing the return (dad) is a contractor and his spouse (mom) is a clerk, but that is the only differentiation.

I also have a year worth of bank statements from their joint account, which shows more than enough income and savings for all three of us (she is not a 'dependent', but she is the spouse).

So with this taken into consideration, what do I need to adjust to have this all make sense? As mentioned, I-134 has been filled out by dad only. It shows only his income, but shows both his and his wife's assets and savings. I can have them resubmit the forms if necessary, but I believe the tax forms are all they have for me along with the bank statement. What would be easier to accomplish - getting info with just his name on it (he is self employed as mentioned before and we only have tax forms from him, no W2 or stubs, or letter from employer) or having his mom and him file as co-sponsors together? Sooo confused. Any help appreciated.

If you have a complete tax return, you have the wife's W2 form showing which income is hers. If hers is enough, it would be simpler to get the I-134 from her. If his is the business income, then that may also be evident. The key is to get an I-134 from an individual cosponsor, stating and documenting THAT individual's income. Combined income doesn't help you here.

[SophWeb 25]

OP, they would not file as co-sponsors 'together', they would be two separate co-sponsors. In the eyes of USCIS, they could be as separate as two strangers. When assessing whether or not their income will meet the requirements, USCIS will look at the individual income, not joint income, so you would run into the same problem of differentiating the incomes on the tax returns.

Therefore it is redundant to have two co-sponsors when at least one of them meets the requirements.

Don't stress about the tax returns. USCIS will put two and two together - so long as the amount of income the father listed on his I-134 is the same as what is listed on the most recent tax return. If it's not, just accompany a letter, signed by the father, explaining which income is his, and say that business either slowed or grew, which accounts for that yearly difference.

My husband was self-employed and had a 9-5 job, so he wrote a letter on his own company's business letter stating the what the company did, and how much he earns per year from it. I would ask the father to write a letter similar to that, and then sign it. It will help clarify things.

[Yellowhead 12]

OP, they would not file as co-sponsors 'together', they would be two separate co-sponsors. In the eyes of USCIS, they could be as separate as two strangers. When assessing whether or not their income will meet the requirements, USCIS will look at the individual income, not joint income, so you would run into the same problem of differentiating the incomes on the tax returns.

Therefore it is redundant to have two co-sponsors when at least one of them meets the requirements.

Don't stress about the tax returns. USCIS will put two and two together - so long as the amount of income the father listed on his I-134 is the same as what is listed on the most recent tax return. If it's not, just accompany a letter, signed by the father, explaining which income is his, and say that business either slowed or grew, which accounts for that yearly difference.

My husband was self-employed and had a 9-5 job, so he wrote a letter on his own company's business letter stating the what the company did, and how much he earns per year from it. I would ask the father to write a letter similar to that, and then sign it. It will help clarify things.

Thanks! I will get a letter from him stating that his income is the business income (he must have specified self employment on the I-134). Ill verify that as well. If so, that might even be enough as it is already stated and signed. I know the "income" on his I-134 is his alone, and that corresponds to the amount for business gains on his tax forms. The assets he listed are both of their's, such as the house, savings, etc. but in that case it would be impossible to separate that stuff, so nothing more I can do there. Perhaps a letter explaining what is what would be sufficient (I can write it) as he already specified his share on the I-134. Having him writing a letter would essentially state the exact same things.

Edited February 27, 2011 by hithalynn

[Yellowhead 12]

If you have a complete tax return, you have the wife's W2 form showing which income is hers. If hers is enough, it would be simpler to get the I-134 from her. If his is the business income, then that may also be evident. The key is to get an I-134 from an individual cosponsor, stating and documenting THAT individual's income. Combined income doesn't help you here.

I don't have the W2 from her's as he figured he only needed things that related to him. That's the issue here is that everything except the copy of the tax form and savings account is specifically him. She does not make enough to be able to support me as well without a doubt. Her income is mostly leisure income as she is part-time. So he is the only option here by the looks of it. He makes more than enough, so hopefully what we have is sufficient. As mentioned, his income stated on the I-134 states his specific income, not hers, which is the same on the tax form for business gains. It also states he is a contractor, so this would clarify that this portion of income is his, as it is on a separate line of the tax form. The assets are shared however, but impossible to separate.

[SophWeb 25]

Thanks! I will get a letter from him stating that his income is the business income (he must have specified self employment on the I-134). Ill verify that as well. If so, that might even be enough as it is already stated and signed. I know the "income" on his I-134 is his alone, and that corresponds to the amount for business gains on his tax forms. The assets he listed are both of their's, such as the house, savings, etc. but in that case it would be impossible to separate that stuff, so nothing more I can do there. Perhaps a letter explaining what is what would be sufficient (I can write it) as he already specified his share on the I-134. Having him writing a letter would essentially state the exact same things.

That sounds fine to me - if you think the Immigration Officer will be confused, then write that exact letter explaining that the assets are shared among the father and wife in a joint banking account and therefore difficult to separate, but the father has allocating his portion and indicated in on the I-134. You shouldn't need to worry though, so long as the father makes sufficient income, the assets are really only an 'extra' that helps your case.

Basically, if you're in doubt over anything confusing about the money situation, just add a letter to USCIS explaining whos is whos and what is what. That's what my husband did and we were fine. Just make sure the letter is from and signed by the father (you can write it, just make sure his name and signature are on it), because it is his income that is being referenced.

[pushbrk 13,073]

I don't have the W2 from her's as he figured he only needed things that related to him. That's the issue here is that everything except the copy of the tax form and savings account is specifically him. She does not make enough to be able to support me as well without a doubt. Her income is mostly leisure income as she is part-time. So he is the only option here by the looks of it. He makes more than enough, so hopefully what we have is sufficient. As mentioned, his income stated on the I-134 states his specific income, not hers, which is the same on the tax form for business gains. It also states he is a contractor, so this would clarify that this portion of income is his, as it is on a separate line of the tax form. The assets are shared however, but impossible to separate.

If his income is enough, he should have simply left the asset sections blank. If they want tax return, they'll want a complete one but he could just scan and email what's missing and have you add it to the stack. If he stated more than his own income, just get a whole new I-134 without the asset information along with whatever is missing from the complete tax return.