tax returns essential?

[PBJ 60]

Hello all -

Our case has reached the consulate and I'm preparing for readiness, with all documents in hand as per the excellent guide given here: http://www.visajourney.com/content/k1guide

Thank you for creating this VJ! I would have been lost without it!

Sadly confidence in my organisational skills has since plummeted as i'm now reading from other posts that you MUST supply tax returns with each I-134, including co-sponsors, and further that co-sponsors must prove citizenship/LPR/naturalisation (birth certificate, passport, green card etc).

The guidelines make no mention of the tax return being essential to support the I-134 with the exception being for self employed persons, neither does USCIS supporting information as far as I can see. The only specific mention is found on the London Consulate guide, requesting proof of US federal tax returns. See page 2 here: http://photos.state.gov/libraries/unitedkingdom/164203/cons-visa/iv_and_k_interview_checklist.pdf

Does this mean specifically that an IRS transcript is required for each sponsor? Currently I have I-134's supported by employment letters, bank statements, and earnings statements (aka pay stubs which, incidentally, do show federal income tax payments for the pay stub period) - all as per VJ's guidelines. Is this insufficient?

Also, the guidelines make no mention the requirement for co-sponsor to prove citizenship, and i'm only learning this from a reply on someone else's post today. Is this definitely required also?

Thanks in advance,

D

Edited April 25, 2014 by PBJ

[Nich-Nick 3,354]

There is a detailed London K 1 guide here http://www.visajourney.com/forums/topic/474161-london-k1-a-complete-guide/. It is more accurate for the London process than the generic VJ guide because each consulate is different in their procedures.

The info you have read about a tax transcript and proof of citizenship applies to the I-864 Affidavit of Support which you will not fill out until Adjustment of Status. For a London K1 interview, the I-134 does NOT have any one required piece of income proof. They will take any documentation that shows your income. We suggest taking two proofs, but they have accepted only one proof on many occasions. What you have is sufficient for London. Also London only requires an I-134 from the sponsor with enough money. If the fiancé doesn't make any money, then he doesn't have to do an I-134. Another person can be the sponsor and prove their income. Or the UK beneficiary can sponsor herself by bringing proof of assets. In the case of self-sponsoring, there is no I-134 for London.

[Karam and Jamie 44]

Sorry to butt in on your conversation but my fiance and I are coming up to this step too. Do we have to have a sponsor even if we meet the requirement of the amount of money we make to support our fiance or spouse?

[PBJ 60]

There is a detailed London K 1 guide here http://www.visajourney.com/forums/topic/474161-london-k1-a-complete-guide/. It is more accurate for the London process than the generic VJ guide because each consulate is different in their procedures.

The info you have read about a tax transcript and proof of citizenship applies to the I-864 Affidavit of Support which you will not fill out until Adjustment of Status. For a London K1 interview, the I-134 does NOT have any one required piece of income proof. They will take any documentation that shows your income. We suggest taking two proofs, but they have accepted only one proof on many occasions. What you have is sufficient for London. Also London only requires an I-134 from the sponsor with enough money. If the fiancé doesn't make any money, then he doesn't have to do an I-134. Another person can be the sponsor and prove their income. Or the UK beneficiary can sponsor herself by bringing proof of assets. In the case of self-sponsoring, there is no I-134 for London.

Thanks Nick, brilliant as ever. I have bookmarked and read the London guide several times over.

In the link I shared above, the London Embassy are specifically asking for proof of federal tax returns on the day of K1 interview, so is not related to the AOS process in this case, hence my confusion.

You again will see my confusion here too then, in a post regarding the I-134, where more than one reply makes specific reference to needing proof of citizenship. http://www.visajourney.com/forums/topic/488017-clarification-on-required-docs-for-joint-sponsorship-please/#entry6966881

I too have contributed to that thread where I was confident I understood the process but have been corrected. Perhaps this is a consulate-specific request and does not apply to London since it is not mentioned anywhere in UK guidance.

Any which way, if either is a certain truth then this is new to me and is inconsistent with advice everywhere else. I am happy that what we currently have to prove income is sufficient for London. Nick, given your reputation and the quality of your advice, i'm going with what you say, but perhaps this highlights another of those administrative inconsistencies with the process.

Edited April 25, 2014 by PBJ

[Nich-Nick 3,354]

What I told you is based on reading just about every interview tale told about London for six years. They are more flexible than other consulates. On more than several occasions people have reported--

Approval on an employment letter only.

Having excessive proofs of income handed back.

Being approved on 100% not 125% of the poverty guidelines.

Being approved with one sponsor, not the petitioner.

Being approved by the UK beneficiary bringing proof of a house sale, or money in the bank.

Little or no discussion of the I-134 by the interviewer if adequate funds documentation was turned in to the document collecting person.

Yes, bring all you want to the interview. A tax transcript is so easy to get (online, print at home) that most people use that as an easier proof. But K1s are approved in London without one so don't despair if you have those other proofs. I would bet $1000 London wouldn't send you away to get a tax return for an I-134. Out of curiosity, why don't you want to use a tax return?

[PBJ 60]

I understand, thank you.

I have no objection to using a tax return, just haven't planned for it hence it has not been requested. I'm not into extra steps if it isn't absolutely necessary!