Affidavit of Support

[HopeFaithLove 13]

Hello everyone!

Just a few questions, my Fiance makes over the income requirement for all of us (me and my 2 kids and him - he has no dependent). He is about to send me the Affidavit of Support and IRS Tax Transcripts of 2010, 2009, 2008 (3 years income passed the requirements). Just wanna make sure,do we still need to show the following:

1. Employment Certification

2. Pay stubs

Does the affidavit of support needs notarization?

Thanks so much in advance for any inputs. Have a blessed Sunday!

[fazmo 24]

1. No need for employment verification

2. Yes, last 3-6 month paystub helps show the betitioner has steady and recent income.

3. No need for notarization. The petitioner is signing under perjury laws.

[Jim N Augie 16]

I thought a letter from employer was needed but I could be wrong. Recent paystubs and bank records are good to have. My understanding is only the most current tax return is needed ( 2010 for this years interview) but if you already have the extra returns it can't hurt to have them with you. Jim.

[Penguin_ie 5,984]

***** Moving from tourism to K1 forum *****

[Anh map 2,098]

The petitioner/sponsor needs to prove current income that meets the requirement. Typically this income claim is supported with an employment letter and recent paystubs.

[fazmo 24]

Just to be clear, you can still submit employment letter/verification but it is not necessary since the pay stubs would suffice for current income verification. In fact neither an employment letter nor a pay stub is required to review the affidavit of support - but it still helps to show some sort of current income. I would not bother asking my employer to write a letter. I would just submit the pay stubs - still optional but helpful.

Here is some text from the instruction for the affidavit of support

You may include evidence supporting your claim about your expected income for the current year if you believe that submitting this evidence will help you establish ability to maintain sufficient income. You are not required to submit this evidence, however, unless specifically instructed to do so by a Government official. For example, you may include a recent letter from your employer, showing your employer's address and telephone number, and indicating your annual salary. You may also provide pay stub(s) showing your income for the previous six months.

[/Quote]

From the checklist of the same document:

A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statement and/or evidence describing why you were not required to file. Also include a copy of each and every Form 1099, Schedule, and any other evidence of reported income. You may submit this information for the most recent three tax years , pay stub(s) from the most recent six months, and/or a letter from your employer if you believe any of these items will help you qualify.

[/Quote]

[RK_and_Inday 10]

HopeFaithLove--

It appears you will be applying for K-1 visa at Manila embassy. The following information is from instructions for Form I-134, Affidavit of Support: (1) "...it is not necessary to sign Form I-134 before a notary, nor to have your signature notarized after you sign it" and; (2) one type of supporting evidence is specified as statement from employer indicating the date of employment, nature of employment, salary, and whether the position is temporary or permanent.

An additional consideration: from the experience of former applicants at the Manila embassy [e.g., VJ Members; see relevent posts in Philippine Forum], at this embassy the financial considerations tend to be more stringently applied. Thus, for example, as one poster has already recommended, even though current tax info may be required it certainly can not hurt to have additional info beyond the stated requirement. Especially in the case of Manila embassy, it seems it certainly would not hurt to be overprepared for the interview in this (Affidavit of Support) and other regards as well.

I am still learning myself so I've only given information for which you yourself can check/verify the source(s). And certainly do give proportionate weight in considering the answers supplied by more experienced members who reply to your query!

--RK

Edited August 7, 2011 by RK_and_Inday

[Anh map 2,098]

Just to be clear, you can still submit employment letter/verification but it is not necessary since the pay stubs would suffice for current income verification. In fact neither an employment letter nor a pay stub is required to review the affidavit of support - but it still helps to show some sort of current income. I would not bother asking my employer to write a letter. I would just submit the pay stubs - still optional but helpful.

Here is some text from the instruction for the affidavit of support

From the checklist of the same document:

Current income is what a sponsor MUST PROVE. Without sufficient current income a sponsor will not be accepted.

This is not a process where meeting the minimums is a wise course of action. The goal here is to obtain the visa for the spouse/ loved one. Submitting the appropriate evidence/documentation is the prudent step. Being lazy and/or ill prepared gets you delays.

It is smart to do some reading in the regional forum to learn what is the norm at the embassy/consulate where the interview will take place. Despite the CO's working from the same manuals the realities of each consular office can be quite different.

Edited August 7, 2011 by Anh map

[fazmo 24]

Current income is what a sponsor MUST PROVE. Without sufficient current income a sponsor will not be accepted.

This is not a process where meeting the minimums is a wise course of action. The goal here is to obtain the visa for the spouse/ loved one. Submitting the appropriate evidence/documentation is the prudent step. Being lazy and/or ill prepared gets you delays.

It is smart to do some reading in the regional forum to learn what is the norm at the embassy/consulate where the interview will take place. Despite the CO's working from the same manuals the realities of each consular office can be quite different.

I agree. Each consul has his/her way of looking at the documentation/evidence. I concur the OP is better off to shut off all danger-holes and follow the instruction of those who are experienced in the appropriate consulate - this being consulate specific. The K-1 process still uses the I-134, an old form with its old guidelines.

[JohnandWendyB 21]

I thought a letter from employer was needed but I could be wrong. Recent paystubs and bank records are good to have. My understanding is only the most current tax return is needed ( 2010 for this years interview) but if you already have the extra returns it can't hurt to have them with you. Jim.

I thought you needed 3 years tax returns-recommended to have 5 just in case. I also thought it was recommended to have an employment verification letter to prove this is an ongoing job of regular hours not a short-term arrangement.

[bigdog 376]

Hello everyone!

Just a few questions, my Fiance makes over the income requirement for all of us (me and my 2 kids and him - he has no dependent). He is about to send me the Affidavit of Support and IRS Tax Transcripts of 2010, 2009, 2008 (3 years income passed the requirements). Just wanna make sure,do we still need to show the following:

1. Employment Certification

2. Pay stubs

Does the affidavit of support needs notarization?

Thanks so much in advance for any inputs. Have a blessed Sunday!

I had a letter from my employer just for FYI, more is OK, less = RFE sometimes.

[HopeFaithLove 13]

Thanks everybody for all the info ! Really appreciate it so much. My Fiance works in a Federal government -- he's been working there for I think 7 years. Though, I'm not sure if he is a temporary or permanent employee. He also works in another company as part-time employee, for over 17 years already. I didn't ask him about his status of employment. All I know, I never heard him not working since I met him over 3 years ago. He is a hardworking guy - Praise God

Just wanna make sure of the supporting documents, aside from the 3-year IRS Tax Transcripts. I think he has copies of his latest pays stubs, but, not sure of employment certification. I remember in the 129-F application form, he mentioned about his employment record in the form. Anyway, thank you once again ! All the inputs are well taken. God bless !

[Jim N Augie 16]

The employment letter and previous 3 years tax returns are otional. But if any will help your case it's fine to be over prepared. If the previous 3 returns will help your case use them, if not then don't. You have to show the most recent years return, the only other thing I was told for previous yeras is there should be no outstanding tax issues. Jim

Edited August 7, 2011 by Jim N Augie

[fazmo 24]

I had a letter from my employer just for FYI, more is OK, less = RFE sometimes.

I had personally sponsored 5 people, all approved in a breeze but I have never supplied an employment letter. Some of them, I provided just the current tax return and proof of immigration status (not even pay stubs). They were all IVs which means the initial review was done by the NVC. K-1 is a little different since it initially uses the I-134 instead of I-186 series. My take is that when it comes to anything other than the evidence of relationship, submit or say the bare minimum. I would never send my bank records (except if I was doing adjustment in which case I would send the bank statements with all money figures blacked out). Everything you submit or say gives the CO an opportunity to bombard the beneficary with questions. It may take one question to mess things up - and that question could have been avoided by not submitting optional or extra docs or trying to go the extra mile to answer/explain the CO's answer. Therefore, more =more questions sometimes or worse a potential self-inflicted denial.

Having said that, it is always advisable to read about the regional forum and see what is the norm there. Some embassies are more strict than others because they are more prone to immigration fraud attempts.

[markelsa71 4]

Hello everyone!

Just a few questions, my Fiance makes over the income requirement for all of us (me and my 2 kids and him - he has no dependent). He is about to send me the Affidavit of Support and IRS Tax Transcripts of 2010, 2009, 2008 (3 years income passed the requirements). Just wanna make sure,do we still need to show the following:

1. Employment Certification

2. Pay stubs

Does the affidavit of support needs notarization?

Thanks so much in advance for any inputs. Have a blessed Sunday!

My interviewer didn't ask me for paystubs and employment letter..but if he would ask i have some to show him! only itr and I-134 i submitted I could say I am lucky because he's not strict..I brought a bunch of docs and I was surprised when he only askd for few documents! 1040 form of last year maybe enough no need for 3 itr's.but it still better though to have all the documents needed just in case.