Confused about I -134

[JEC777 13]

Hi, I have a question about the documents needed to provide evidence of financial position. On the form "instructions for form I-134, Affidavit of Support" on the USCIS website it says

As the sponsor you must show you have sufficient income

or financial resources to assure that the alien you are sponsoring

will not become a public charge while in the United States.

Evidence should consist of copies of any of the documents

listed below that applies to your situation.....

.....Submit in duplicate evidence of income

and resources, as appropriate;

A. Statement from an Officer of the bank or other financial Institutions with deposits identifying the following details regarding the account

1. Date the account was opened.

2. Total amount deposited for the past year; and

3. Present balance

B. Statement(s) of your employer on business stationary showing

1. Date and nature of employment

2. Salary paid; and

3. Whether the position is temporary or permanent.

C. If Self Employed

1. Copy of last income tax return filed; or

2. Report of Commercial rating concern.

I assume you need to provide details from only 1 of 3 options. Part A if you meet the income requirements, or Part B if you are using Assets as evidence and Part B if you are self employed. Am I right that you don't need to provide both income and assets if you have enough of either of these on their own to support the Affidavit? Also, a lot of people are posting questions about providing copies of previous tax returns...from what is listed in the above instructions you only need to provide tax returns if you are self employed. If you working for an employer, it seems that you only need to provide a letter from your employer....it doesn't even mention pay stubs.

There is a lot of advice on VJ to provide tax returns for 1 or 2 previous years and pay stubs, but from what I can see, they are not asking for that if you are providing proof of income from an employer. Is it that people are just wanting to be extra vigilant in the evidence they provide, so therefore providing more than needed, or have people had experience when it comes to submitting the form, that further evidence has been requested that is not listed above in the instructions.

Would love to hear anyones thoughts, advice about this.

Thanks

,

[feli114 65]

If you meet the income requirements with employment, give them 3 yrs of tax returns, statement from employer, and a few months of pay stubs. When we went for the interview, all they wanted was the I134 form. It varies by consulate.

[Andie 147]

Hi, I have a question about the documents needed to provide evidence of financial position. On the form "instructions for form I-134, Affidavit of Support" on the USCIS website it says

As the sponsor you must show you have sufficient income

or financial resources to assure that the alien you are sponsoring

will not become a public charge while in the United States.

I assume you need to provide details from only 1 of 3 options. Part A if you meet the income requirements, or Part B if you are using Assets as evidence and Part B if you are self employed. Am I right that you don't need to provide both income and assets if you have enough of either of these on their own to support the Affidavit? Also, a lot of people are posting questions about providing copies of previous tax returns...from what is listed in the above instructions you only need to provide tax returns if you are self employed. If you working for an employer, it seems that you only need to provide a letter from your employer....it doesn't even mention pay stubs.

There is a lot of advice on VJ to provide tax returns for 1 or 2 previous years and pay stubs, but from what I can see, they are not asking for that if you are providing proof of income from an employer. Is it that people are just wanting to be extra vigilant in the evidence they provide, so therefore providing more than needed, or have people had experience when it comes to submitting the form, that further evidence has been requested that is not listed above in the instructions.

Would love to hear anyones thoughts, advice about this.

Thanks

,

Sorry I'm not able to answer this - I've asked the question also, but didn't get a response - how much people take to the interview seems to vary greatly - but I guess the question is whether we can rely on the information as you have quoted. If it is in the instructions, one would think so, but it would be good to get some feedback verifying that fact.

[JEC777 13]

Sorry I'm not able to answer this - I've asked the question also, but didn't get a response - how much people take to the interview seems to vary greatly - but I guess the question is whether we can rely on the information as you have quoted. If it is in the instructions, one would think so, but it would be good to get some feedback verifying that fact.

I agree, you would think that if it is in the instructions, then that is all that is needed. It looks like the I 864 affidavit that you must submit once in the US and applying for the AOS is where the further documents are required....but I would love to hear thoughts from anyone who may have have any experience with this.

Thanks!

[Andie 147]

Just bumping this... help anyone?

[khwaidee1 196]

We haven't had our interview yet so I can't be specific other than to share what I am doing (and will take no chances). Our Embassy requested "an employment letter and a copy of petitioner's tax return (Form 1040) for the most recent tax year." With our Packet 3 I am submitting 2011 IRS 1040 and 2011 Tax Transcript, copies of my paychecks from January 2012 until present, 2009, 2010 and 2011 K-1 Form 1056 (like a W-2), letter from my employer and the I-134. At the interview I will also have available tax transcripts for 2008, 2009 and 2010 as well as 1040 tax returns for 2008, 2009 and 2010. I am well above the poverty line so I reckon the above will suffice. However, I will also have my most current bank statements should they want to see them. All of this documentation is readily attainable as either I had it or with the tax transcripts I ordered them on line and got them in about a week. I'm kind of going belt and suspenders into the interview. As I read other instructions it looks like all embassies require a tax return for the most recent year, I could be wrong but again, I don't want to take any chances! Good luck to you.

Edited August 7, 2012 by khwaidee1

[TnJ 131]

There is a lot of advice on VJ to provide tax returns for 1 or 2 previous years and pay stubs, but from what I can see, they are not asking for that if you are providing proof of income from an employer. Is it that people are just wanting to be extra vigilant in the evidence they provide, so therefore providing more than needed, or have people had experience when it comes to submitting the form, that further evidence has been requested that is not listed above in the instructions.

Would love to hear anyones thoughts, advice about this.

Thanks

,

These are the rationales that I see. The I-134 is used for different types of visa sponsorship. The advice you are hearing is more from the I-864 instructions as the I-864 is the form that bears more weight and will be used in the AOS stage. I really don't know why the embassies still use I-134 for fiance/spousal visas when the I-864 guidelines are most relevant. The poverty guidelines the COs use, the advice on supporting documents all comes from I-864. You are correct in taking the I-134 instructions literally as with all forms. However, it is suggested to go above this minimum because you will need to show that you can do so when you file your AOS. Not all embassies are equal as well. Meaning, some might require more than others. In my case, the Philippines requires more than just what the I-134 is asking for in regard to one employed by an employer. The I-134 is asking for an employer letter. This would not necessarily be enough for me if the CO deems it.

EVIDENCE OF SUPPORT. You should be able to demonstrate that you will not become a public charge or be a burden on the U.S. taxpayers for financial support. A completed I-134 Affidavit of Support Form will be useful to the consular officer to evaluate your petitioner’s ability to be financially responsible for you. You should also submit your petitioner’s most recent U.S. Federal income tax return (Form 1040) and wage statements (Form W-2). Employment letters stating salaries and bank statements may be included to substantiate the I-134. Download Form I-134 at http://www.uscis.gov/portal/site/uscis.

This is from the Packet instructions for K-1 applicants in Manila, PH. As you can see, it is going to be expected of me to send in more than just an employer letter. The best advice I can give here is to compare I-134, I-864, and your embassy's visa packet instructions to disseminate what would be best for you to send as supporting evidence.

Edited August 7, 2012 by ToddnJessa

[KayDeeCee 4,903]

These are the rationales that I see. The I-134 is used for different types of visa sponsorship. The advice you are hearing is more from the I-864 instructions as the I-864 is the form that bears more weight and will be used in the AOS stage. I really don't know why the embassies still use I-134 for fiance/spousal visas when the I-864 guidelines are most relevant. The poverty guidelines the COs use, the advice on supporting documents all comes from I-864. You are correct in taking the I-134 instructions literally as with all forms. However, it is suggested to go above this minimum because you will need to show that you can do so when you file your AOS. Not all embassies are equal as well. Meaning, some might require more than others. In my case, the Philippines requires more than just what the I-134 is asking for in regard to one employed by an employer. The I-134 is asking for an employer letter. This would not necessarily be enough for me if the CO deems it.

This is from the Packet instructions for K-1 applicants in Manila, PH. As you can see, it is going to be expected of me to send in more than just an employer letter. The best advice I can give here is to compare I-134, I-864, and your embassy's visa packet instructions to disseminate what would be best for you to send as supporting evidence.

Most consulates use the I-864 guidelines when determining if the beneficiary will become a public charge or not. Different consulates have different procedures and requirements. You should always check to see what the consulate you will be interviewing at expects to see in the way of documented evidence.

The general blanket advice for the I-134 is to use the 125% of the poverty level requirements for your household size and provide your most recent tax transcript, letter from employer and most recent pay stub(s). The self-employed can show the last 3 years of taxes, if it will help determine their income stability, ensuring the beneficiary will not become a public charge.