Tax return with I-134

[Mariana M. 18]

Hello!

I am preparing for my K-1 interview in Rio and I've had a few doubts that I was able to find answers to, but it's all confusing when comparing the consulate website with people's experiences here.

So my main concern now is about the affidavit of support I-134. My fiance is a student and is not working right now, so his father will be our sponsor. So:

1. My fiance has to fill out an I-134 as well, even with no income, right?

2. I keep seeing here on VJ that the sponsor has to send their last income tax return with the supporting evidence, but the Instructions file says that IF self-employed:

"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 account opened;
2. Total amount deposited for the past year; and

3. Present balance.

B. Statement(s) from your employer on business stationery 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.

D. List containing serial numbers and denominations of bonds and name of record owner(s)."

They are not self-employed, but should I ask them to send me their last income tax return just to be safe?

Thanks

[Rossa 3]

Yes, you should ask them for tax return anyway, on my interview I was asked about my fiancee tax return even he is not self-employed.

[KayDeeCee 4,893]

Since the K-1 has the intent to immigrate, consulates tend to use the I-864 guidelines for the I-134 and not just follow the vague instructions of the I-134.

This is what the Foreign Affairs Manual has to say about it > http://www.state.gov/documents/organization/86988.pdf

To substantiate the information regarding income and resources, the sponsor should attach to the affidavit a copy of the latest Federal income tax return filed prior to the signing of the Form I-134, including all supporting schedules. If you determine that the tax return and/or additional evidence in the file do not establish the sponsor's financial ability to carry out the commitment toward the immigrant for what might be an indefinite period of time, or there is a specific reason (other than the passage of time) to question the veracity of the income stated on the Form I-134 or the accompanying document(s), you should request additional evidence (i.e., statement from an employer showing the sponsor's salary and the length and permanency of employment, recent pay statements, or other financial data).

The Brazil instructions state this > http://photos.state.gov/libraries/brazil/571295/pdfs/Inst%20_amp_%20Interv%20letter%20Fiancee%20K1K2-%20Eng%20Oct13.pdf

The petitioner may fill out an Affidavit of Support, Form I-134 . You may download this form from USCIS webpage. 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. One form is sufficient for all family members. You may present your own means of support.

It seems you probably could just provide the proof of current income with letter from employer and/or recent pay stubs, but I would go ahead and provide a copy of the most recent return or an IRS transcript as well.