I134 - Need Help Urgently

[moemac59 192]

Thanks Sheeshkabelle,

Sorry that I was a bit snippy in one of my previous responses, I know that you are only trying to help..not very kind of me and shouldn't take my stress out on a total stranger.

[sheeshkabelle 153]

Thanks Sheeshkabelle,

Sorry that I was a bit snippy in one of my previous responses, I know that you are only trying to help..not very kind of me and shouldn't take my stress out on a total stranger.

You have every right to be stressed! Trust me, I'm pulling my hair out right now dealing with the same issue! (my joint sponsor is being uncooperative)

I'm sure you just didn't under stand what a 1040 return was! My husband was confused over what I was looking for the other day.. he said "Crazy American's and their crazy tax forms!"

[L+T 71]

The deadline to file the 2011 income tax return is April 17. Your fiancé's accountant needs to supply a copy of the extension request for you to take to the interview in addition to the previous year's tax transcripts.

In addition to this, I would include the 2011 W2's (earnings statement from employer(s), this way it doesn't look like an extension is requested to avoid showing current income. Also include 2012 paycheck statements and letter from bank or 1 year bank statements.,, in addition to letter from employer.

[LeftCoastLady 441]

In addition to this, I would include the 2011 W2's (earnings statement from employer(s), this way it doesn't look like an extension is requested to avoid showing current income. Also include 2012 paycheck statements and letter from bank or 1 year bank statements.,, in addition to letter from employer.

Read the OP's post. Her fiancé is self-employed.

[L+T 71]

Read the OP's post. Her fiancé is self-employed.

In that case, I would get those taxes done or should include Report of Commercial Rating Concern. This could be obtained here: http://smallbusiness.dnb.com/

[C'est Luc 0]

That'll do it!

If she can't get the letter, pay check stubs will be good enough.

I know easier said than done, relax! You're almost there!

Instead of which letter? Letter from employer or bank letter? I'm basically at that stage now and I'm a bit confused with question 8. Does the applicant's name go there also? Is he considered a dependent?

[L+T 71]

Instead of which letter? Letter from employer or bank letter? I'm basically at that stage now and I'm a bit confused with question 8. Does the applicant's name go there also? Is he considered a dependent?

The I-134 is needed if the applicant cannot show they can support themselves (which seems to be usually the case). The US citizen offers support in the form of i-134 and must be able to support household size (2+). At adjustment of status you co-apply for 864 as married couple.

The 134 requires tax return, letter from employer, letter from bank, pay stubs, bank statements, W2's. All are not needed, but the more the better, examples may be provided by consulate or seen in 134 instructions.

if self employed, 134 requires tax return or business credit report.

[JimVaPhuong 4,863]

The I-134 is needed if the applicant cannot show they can support themselves (which seems to be usually the case). The US citizen offers support in the form of i-134 and must be able to support household size (2+). At adjustment of status you co-apply for 864 as married couple.

The 134 requires tax return, letter from employer, letter from bank, pay stubs, bank statements, W2's. All are not needed, but the more the better, examples may be provided by consulate or seen in 134 instructions.

if self employed, 134 requires tax return or business credit report.

Actually, it's up to the consulate. Most require the petitioner to submit an I-134, even if the beneficiary has loads of money and is more than capable of supporting themselves. Most consulates also require the most recent tax return or transcript from the petitioner, whether they're a regular employee or self-employed.

I realize the I-134 lists, as an option, a "report of commercial rating concern". This is a somewhat archaic reference to a Dunn & Bradstreet business rating report. Very few self-employed people would be able to get one. You have to register with D&B and provide them with extensive financial information about your company, especially it's credit accounts. They investigate the company and assign a credit risk rating based on your financials. This would be somewhat common practice for a large business that's regularly involved in obtaining credit from or extending credit to other businesses, or makes use of venture capital. Most self-employed people are either contractors or DBA's where the business consists solely of one person, and that person's personal credit is inseparable from the business' credit.

Anyway, the I-134 is an old INS form, and the consulate isn't bound by the instructions USCIS distributes with the form. The consulate will usually specify what evidence they require with the I-134. It's best to follow the consulate's instructions.

[sheeshkabelle 153]

Keep in mind the OP is from Canada. Those of us going through the Vancouver/Montreal consulates really don't have an issue getting approved, as long as we have our paperwork in order. Different consulates are more stringent on paperwork and proof.

OP also stated she will have a joint sponsor, so laying a ton of proof onto her fiance really isn't all that necessary.

As Jim pointed out those of us that are DBA or independent contractors with no employees really do not need to go through the expensive hassles of D&B. Nor do we file quarterly taxes, there are no employees to file taxes on. We file a 1040 with our 1099misc once a year just like every other Joe in the U.S. Our 1040's or transcripts are all we need to prove income for anything from a mortgage to showing the government proof for benefits.

Most independent contractors are contracted by large corporations to do things faster/cheaper than what they could hire someone. Personally I'm contracted by one of the largest producers of film in the country, and my other contract is for big daddy box store. I'm sure they have D&B ratings... but I don't.

All the OP needs is her fiances transcripts from previous years, tax returns for last year and the IRS form showing her fiance filed an extension for 2011. Self-employed people file for extensions a lot. Either because they have a CPA doing their taxes and it's a busy time of year, or because we have so much paperwork and schedules and deductions it takes a while to get done.

She has a joint sponsor and all the necessary paperwork to go with it. That's all she needs.

[L+T 71]

Actually, it's up to the consulate. Most require the petitioner to submit an I-134, even if the beneficiary has loads of money and is more than capable of supporting themselves. Most consulates also require the most recent tax return or transcript from the petitioner, whether they're a regular employee or self-employed.

I realize the I-134 lists, as an option, a "report of commercial rating concern". This is a somewhat archaic reference to a Dunn & Bradstreet business rating report. Very few self-employed people would be able to get one. You have to register with D&B and provide them with extensive financial information about your company, especially it's credit accounts. They investigate the company and assign a credit risk rating based on your financials. This would be somewhat common practice for a large business that's regularly involved in obtaining credit from or extending credit to other businesses, or makes use of venture capital. Most self-employed people are either contractors or DBA's where the business consists solely of one person, and that person's personal credit is inseparable from the business' credit.

Anyway, the I-134 is an old INS form, and the consulate isn't bound by the instructions USCIS distributes with the form. The consulate will usually specify what evidence they require with the I-134. It's best to follow the consulate's instructions.

It is either / or, they simply request as most do not have a $100,000 bank account, pension, or job offer at this stage. (but some do)

http://travel.state.gov/visa/immigrants/types/types_2994.html#8

[/url]Proof of Financial Support and Affidavit of Support Forms

During the visa interview, applicants will be required to present evidence to the Consular Officer that they will not become a public charge in the U.S. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé(e) is able to provide support. The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fiancé(e).

The U.S. citizen fiancé(e) will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident following the marriage.

In regards to business credit report, only suggesting if they can't obtain this, better do those tax returns.. a self employed filing extenstion on taxes is not very impressive.

[leith@Ievgeniia 8]

i am self employed also and what i did was bring a profit and loss statement for all current businesses. along with last years taxes. and i even showed contracts for customers i have showing 1 to 2 more years still good on them. if he can prove what he is doing for current year and making a profit that can be calculated out for the year showing he is above the 125 mark

[flocy 0]

in the Philippines, many of those interviewed since 2012 were asked to present their petitioner's income tax return for 2011..i just dont know if that holds true in Canada.

[L+T 71]

in the Philippines, many of those interviewed since 2012 were asked to present their petitioner's income tax return for 2011..i just dont know if that holds true in Canada.

yes, if they don't have the 2011, better have a co-sponsor who does.

[JimVaPhuong 4,863]

It is either / or, they simply request as most do not have a $100,000 bank account, pension, or job offer at this stage. (but some do)

http://travel.state.gov/visa/immigrants/types/types_2994.html#8

[/url]Proof of Financial Support and Affidavit of Support Forms

During the visa interview, applicants will be required to present evidence to the Consular Officer that they will not become a public charge in the U.S. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé(e) is able to provide support. The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fiancé(e).

The U.S. citizen fiancé(e) will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident following the marriage.

In regards to business credit report, only suggesting if they can't obtain this, better do those tax returns.. a self employed filing extenstion on taxes is not very impressive.

It's not "either / or". The consular officer has wide latitude with a K visa. If this were a family based immigrant visa then an affidavit of support from the petitioner would be absolutely mandatory. The beneficiary would be able to contribute assets to the petitioner's affidavit of support, and they'd be able to contribute income if that income will continue from the same source after immigrating. Things are not so black and white with a K visa. The general guidance on the Department of State website is just that - general guidance. There is no statutory requirement for an affidavit of support for a K visa, and there is very little guidance in the Foreign Affairs Manual about it. Without a firm policy in place, Department of State cannot give blanket instructions that will apply to every consulate.

That said, there are only a few consulates that I'm aware of that will issue a K visa without an I-134 from the petitioner. Those that require the I-134 will almost always require a copy of the most recent tax return or transcript. You don't get these instructions from the Department of State website - you get them directly from the consulate where the interview will take place. Many consulates post their packet 3 and 4 instructions on their websites as downloadable PDF files. The consulates that will permit a K visa beneficiary to self-sponsor, like London for example, will usually tell you so and provide instructions on how to qualify. The consulates that will not, which is the majority of them, will say in their packet 4 instructions that the petitioner must submit an I-134, and they'll list the evidence they require to be submitted with the form. You give the consulate what they require or they'll deny the visa. It's really that simple. The "public charge" determination is entirely at the discretion of the consular officer with a K visa.

FWIW, the DoS website says "The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fiancé(e)". Most consulates make that request before the interview in the packet 4 instructions, and they list it as a requirement.

[L+T 71]

It's not "either / or". The consular officer has wide latitude with a K visa. If this were a family based immigrant visa then an affidavit of support from the petitioner would be absolutely mandatory. The beneficiary would be able to contribute assets to the petitioner's affidavit of support, and they'd be able to contribute income if that income will continue from the same source after immigrating. Things are not so black and white with a K visa. The general guidance on the Department of State website is just that - general guidance. There is no statutory requirement for an affidavit of support for a K visa, and there is very little guidance in the Foreign Affairs Manual about it. Without a firm policy in place, Department of State cannot give blanket instructions that will apply to every consulate.

That said, there are only a few consulates that I'm aware of that will issue a K visa without an I-134 from the petitioner. Those that require the I-134 will almost always require a copy of the most recent tax return or transcript. You don't get these instructions from the Department of State website - you get them directly from the consulate where the interview will take place. Many consulates post their packet 3 and 4 instructions on their websites as downloadable PDF files. The consulates that will permit a K visa beneficiary to self-sponsor, like London for example, will usually tell you so and provide instructions on how to qualify. The consulates that will not, which is the majority of them, will say in their packet 4 instructions that the petitioner must submit an I-134, and they'll list the evidence they require to be submitted with the form. You give the consulate what they require or they'll deny the visa. It's really that simple. The "public charge" determination is entirely at the discretion of the consular officer with a K visa.

FWIW, the DoS website says "The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fiancé(e)". Most consulates make that request before the interview in the packet 4 instructions, and they list it as a requirement.

So you are saying if they request the 134, and fiancee does not bring one, but instead brings $1,000,000 cash they will be denied based on public charge?

Edited March 24, 2012 by Thomas70