Tax return and I-134 for k1, please help

[Derek and Yasmin 0]

For the Rio consulate, is the latest tax return required (or essentially "required") for evidence with the I-134? The only statement I can find on rio's packet 3 instructions is "The sponsor must attach proof of his/her income such as: copy of last U.S. Federal Income Tax (form 1040), proof of current employment, job offer, pay-slip, etc".

The reason I ask is because up until last May I was in school on unpaid medical internships. I'm employed by a federal hospital for residency making over the 125% poverty line, but my latest income taxes show i made a few thousand less (due to starting halfway through the year). My employer letter details what it needs to (also listing my that my federal appointment is expiring in a year too when I'm done unfortunately) and I have plenty of pay stubs. I'm hoping they see i'm a doctor and don't dwell too much on the 134 aside from my current salary, but I have no idea. I can't get a co-sponsor, so that won't help. Should I bring along my 1040/W2 and if they ask, THEN provide it? I'm not sure what to do here. I'm probably making it more complicated than it has to be.

[Villanelle 4,121]

For the 134 if you have no dependents it would just be you and your fiance, so youre looking at 2 people. The 134 is not based on 125% its based on 100% of the poverty guidelines, so you only need 15,130 in income.

The 134 does not have as strict of proof requirements as the 864 form (the form you will need for AOS) however requirements vary by embassy. If the embassy is stating "The sponsor must attach proof of his/her income such as: copy of last U.S. Federal Income Tax (form 1040), proof of current employment, job offer, pay-slip, etc" Then it seems like they will accept of the above as proof. They are looking to see if you have a source of stable income. Its up to their discretion. So if your tax return is under the amount needed, you could bring to the interview your letter and plenty of paystubs and if pushed to present the tax return perhaps do so and explain it was for a partial year, thats why its not enough.

You should be aware though when youre fiance arrives in the US you will need to fill out the 864. The 864 does use the 125% guidelines. You will need to show a source of stable income as well as your last 3 years of tax returns. They will base your 'income' on your last years tax return, so hopefully when you say the last return was a partial year and didnt qualify you were referring to 2011? When you file your taxes in 2012 you will have enough to qualify correct? Hopefully your fiance will approved for her visa in the coming months and what you expect to be married by the summer? If so for the 864 you should have a 2012 return that meets the guidelines, current proof of income that meets, and 2011 that didnt because it was partial year, 2010 that ??? I dont know. But you are a doctor and would have a strong employment letter, so you should be approved w/o a co-sponsor.

[Sayha or bust. 71]

They usually ask for the last 3 years of Taxes. Don't worry about the amounts. As long as the employer letter shows that your current income meets the 125% don't worry. When it comes to AOS(864) if your still employed once again the same evidence, 3 yrs. tax transcripts, employment letter.

Edited January 21, 2013 by Sayha or bust.

[Derek and Yasmin 0]

No unfortunately the tax year I am referring to is 2012 when I was employed for half the year, and the others I was not allowed to hold a full-time job (nor would it have been possible to) due to school. I'm just praying God will let them use common sense in handling this situation.

[I AM NOT THAT GUY 5,715]

For the 134 if you have no dependents it would just be you and your fiance, so youre looking at 2 people. The 134 is not based on 125% its based on 100% of the poverty guidelines, so you only need 15,130 in income.

The I-134 is a non-binding USCIS form, and the DOS uses it purely for information purposes. The CO that interviews your fiancee has considerable discretion to determine whether or not your fiancee will become a public charge. The I-864 used for the AOS stage is an enforceable contract, however, so many CO's will use the guidelines for that form when evaluating the I-134, so be prepared to meet the higher minimum income requirements.

[Villanelle 4,121]

The I-134 is a non-binding USCIS form, and the DOS uses it purely for information purposes. The CO that interviews your fiancee has considerable discretion to determine whether or not your fiancee will become a public charge. The I-864 used for the AOS stage is an enforceable contract, however, so many CO's will use the guidelines for that form when evaluating the I-134, so be prepared to meet the higher minimum income requirements.

Yes the CO will use their discretion when determining whether or not whomever submitted the 134 or whatever proof it was they submitted is sufficient enough to prove the immigrant will not become a public charge if the visa is issued. However for fiance visas processing, you must have stable earnings more than the base income level set by the HHS. Thats 100% of the poverty level. While different embassys can impose different rules about what form or forms to use (some say if you have a co-sponsor then the USC doesnt need to submit anything) or what constitutes proof of income (paystubs, tax returns, employment letter) they can not alter the poverty guidelines by raising or lowering them, or impose a different set of poverty guidelines to fiance visas. Fiance visas are processed under the base income level set by the HHS.

[I AM NOT THAT GUY 5,715]

Yes the CO will use their discretion when determining whether or not whomever submitted the 134 or whatever proof it was they submitted is sufficient enough to prove the immigrant will not become a public charge if the visa is issued. However for fiance visas processing, you must have stable earnings more than the base income level set by the HHS. Thats 100% of the poverty level. While different embassys can impose different rules about what form or forms to use (some say if you have a co-sponsor then the USC doesnt need to submit anything) or what constitutes proof of income (paystubs, tax returns, employment letter) they can not alter the poverty guidelines by raising or lowering them, or impose a different set of poverty guidelines to fiance visas. Fiance visas are processed under the base income level set by the HHS.

9 FAM 40.41 N4.6-3 Use of Form I-134, Affidavit of Support

The simple submission of Form I-134, Affidavit of Support, however, is not sufficient to establish that the beneficiary is not likely to become a public charge. Although the minimum income requirements of Form I-864, do not apply in such cases (e.g., the 125 percent minimum income amount which is only required by the I-864), you must make a thorough evaluation of other factors,

begins on page 14 - http://www.state.gov/documents/organization/86988.pdf

Edited January 21, 2013 by The Patriot

[Villanelle 4,121]

No unfortunately the tax year I am referring to is 2012 when I was employed for half the year, and the others I was not allowed to hold a full-time job (nor would it have been possible to) due to school. I'm just praying God will let them use common sense in handling this situation.

Yikes.

Unfortunately common sense does not mix with the 864. Its a financial document. Its not negotiable. either your numbers meet or they dont.

Just for clarification. Youre intending on getting married in the summer of 2013 and filing for AOS immediately afterwards. You have absolutely no one that could co-sponsor?

You do hold a job that meets the income requirements. Youve held it since apx June of 2012. Your taxes for the last 3 yrs which would be 2010, 2011, and 2012, kind of look like- 2010 low cause was a student, 2011 low cause a student 2012 1/2 yr full time job so its apx 1/2 the amount of qualifying.

You need to show stable income for one full calendar year. So, if you have documentation (the contract) showing when you started your job in 2012 and the tax return thats apx 6 months right there. If you attach your 6 months of paystubs for 2013 (since youd be filing in June 2013) that would be one full calendar year. Your contract, even though it ends at the end of the year 2013 does show future employment and the fact that you are qualified for future employment opportunities as a licensed doctor.

If I was you, I would sumbit the 864, when its time with a letter, stating I have been employed for 1 full calendar year as a doctor at XYZ. This is my current income. I started on X date. 6 months of my income is reflected on my 2012 tax return attached and 6 months of paystubs are attached. I am currently under contract with XYZ until X date. After that my future plans are to blah blah blah.

But again, you need at least one full year of income at or above the 125%. Do not submit it before that point.

[Villanelle 4,121]

begins on page 14 - http://www.state.gov/documents/organization/86988.pdf

That was exactly my point (?)

While they can require you to submit the 864 or the 134 or a sheet of blue paper with yellow polka dots- they cant change the poverty guidelines. You quoted it yourself

"Although the minimum income requirements of Form I-864, do not apply in such cases" The income requirements for the 864 do not apply to fiance visas. They can ask you to fill out the form, but they cant use the income requirements for it.

[I AM NOT THAT GUY 5,715]

That was exactly my point (?)

While they can require you to submit the 864 or the 134 or a sheet of blue paper with yellow polka dots- they cant change the poverty guidelines. You quoted it yourself

"Although the minimum income requirements of Form I-864, do not apply in such cases" The income requirements for the 864 do not apply to fiance visas. They can ask you to fill out the form, but they cant use the income requirements for it.

You missed the point entirely, but I will move on.

[Derek and Yasmin 0]

Yikes.

Unfortunately common sense does not mix with the 864. Its a financial document. Its not negotiable. either your numbers meet or they dont.

Just for clarification. Youre intending on getting married in the summer of 2013 and filing for AOS immediately afterwards. You have absolutely no one that could co-sponsor?

You do hold a job that meets the income requirements. Youve held it since apx June of 2012. Your taxes for the last 3 yrs which would be 2010, 2011, and 2012, kind of look like- 2010 low cause was a student, 2011 low cause a student 2012 1/2 yr full time job so its apx 1/2 the amount of qualifying.

You need to show stable income for one full calendar year. So, if you have documentation (the contract) showing when you started your job in 2012 and the tax return thats apx 6 months right there. If you attach your 6 months of paystubs for 2013 (since youd be filing in June 2013) that would be one full calendar year. Your contract, even though it ends at the end of the year 2013 does show future employment and the fact that you are qualified for future employment opportunities as a licensed doctor.

If I was you, I would sumbit the 864, when its time with a letter, stating I have been employed for 1 full calendar year as a doctor at XYZ. This is my current income. I started on X date. 6 months of my income is reflected on my 2012 tax return attached and 6 months of paystubs are attached. I am currently under contract with XYZ until X date. After that my future plans are to blah blah blah.

But again, you need at least one full year of income at or above the 125%. Do not submit it before that point.

I spoke to my father about co-sponsoring but he was apprehensive about signing a legal document like this. He was laid-off in early 2011 and didn't get a new job till the end of that year so the 3 years taxes wouldn't be consistent on top of that. Otherwise he makes decent money now at least. Maybe I will have to beg, I have no idea. I'm getting married in March, so I don't think that will leave enough space to apply for AOS the end of June unless I'm mistaken. Even the 100% point is moot. I made literally just under that requirement in those 6 months.

[I AM NOT THAT GUY 5,715]

I spoke to my father about co-sponsoring but he was apprehensive about signing a legal document like this. He was laid-off in early 2011 and didn't get a new job till the end of that year so the 3 years taxes wouldn't be consistent on top of that. Otherwise he makes decent money now at least. Maybe I will have to beg, I have no idea. I'm getting married in March, so I don't think that will leave enough space to apply for AOS the end of June unless I'm mistaken. Even the 100% point is moot. I made literally just under that requirement in those 6 months.

Once your date arrives in the US, you get married, and you apply for AOS, you can also include your spouse's income if you get an RFE asking for more proof of income. Your spouse will be able to work with an EAD. The USCIS is less concerned about your prior salary history, and more concerned about your future income prospects. If you are currently making sufficient income that when annualized will exceed the 125% threshold for your family size, don't sweat it, and you don't have to wait for 12 months to the good as was posted by capri.

[Villanelle 4,121]

Its not so much about the prior years tax returns. (although they are required, they dont have to meet the requirements) You need to show your income for the last full calendar year met the requirement and proof your current income is stable and meets the guidelines. Thats it.

If it would help, you can tell your father the 134 fiance 'contract' is not legally binding. The 864 is. However, if you read it closely, it states: he would only be responsible for repayment of any benefits your future wife collects from the government, for a certain period of time. The contract expires when she earns 40 credits with SS (after working 10yrs full time), when either of them die (lol, that might not win him over), or when she becomes a citizen (through marriage she can become a citizen in 3 years!)

Currently legal perm residents are barred from receiving public assistance in most states for 5 years. So if your wife was to become a citizen in 3 years and she was unable to even collect any benefits for 5 years----? Its impossible for him to even be billed one cent for anything. Zero risk on his part.

Otherwise it looks like youll have to wait to file for AOS until you have one full year of earnings to meet the requirements of the 864.

Which unfortunately if youre not meeting the 134 requirement on your own, with out a co-sponsor...youre not going to get the visa, unless the CO 'uses their discretion' to let you squeak by.

[Derek and Yasmin 0]

Its not so much about the prior years tax returns. (although they are required, they dont have to meet the requirements) You need to show your income for the last full calendar year met the requirement and proof your current income is stable and meets the guidelines. Thats it.

If it would help, you can tell your father the 134 fiance 'contract' is not legally binding. The 864 is. However, if you read it closely, it states: he would only be responsible for repayment of any benefits your future wife collects from the government, for a certain period of time. The contract expires when she earns 40 credits with SS (after working 10yrs full time), when either of them die (lol, that might not win him over), or when she becomes a citizen (through marriage she can become a citizen in 3 years!)

Currently legal perm residents are barred from receiving public assistance in most states for 5 years. So if your wife was to become a citizen in 3 years and she was unable to even collect any benefits for 5 years----? Its impossible for him to even be billed one cent for anything. Zero risk on his part.

Otherwise it looks like youll have to wait to file for AOS until you have one full year of earnings to meet the requirements of the 864.

Which unfortunately if youre not meeting the 134 requirement on your own, with out a co-sponsor...youre not going to get the visa, unless the CO 'uses their discretion' to let you squeak by.

Thank for everyone's input on this, it's certainly helpful. Just to clear up one point, I believe I do meet the 134 requirement if current employment is all that is considered and we aren't thinking about previous employment history (I'm making well over 200% poverty line currently). Capri that's a good point I will have to discuss with him... I probably won't mention the 40 credits w/ SS or death though lol. Still I feel bad asking, I want to be a man and take care of my own wife (I know... the document doesn't necessarily mean anything on that point, it's just the principle).

[Sayha or bust. 71]

Never heard you had to be gainfully employed for 1 year. Produce an employment letter from your employer who your currently employed with forget about 2012. They are concerned about income now. One year i did not make enough for the poverty guidelines out of the 3 yrs of tax transcripts I submitted never once questioned about it.