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kikiyut

I-134 and unconventional employment (& useless bank)

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hi

I make more than double the 125% poverty guideline for a family of 3 (I am single no dependants but I suppose I will be a family of 3 when my fiance and her son join me, no?), I have good credit (175+), trivial debt, and a paid-for weekend cottage.

but I do not have an employer.

I am not freelance, technically I am a "per diem" employee. I am paid by the day, but have all taxes taken out of my cheque like a regular employee, I fill out all the w-2 I-9 etc papers for each job I do (sometimes I fill them out 6 times a week, other times I am on the same job for months at a time; and my assignments can and do frequently overlap). my employer of record is a payroll company (or rather, a dozen or so payroll companies). they don't know me and have nothing to do with my employment beyond paying me.

I also have a poor relationship with my bank, the Horrible Scumbag Banking Corp ("the world's can't do bank", to correct their asinine slogan). they will not certify the deposit amounts for the year (which is low this year because I started to ditch then, then realised I need them for this process, for which they have been extravagantly unhelpful).

I am planning on submitting 3 years of tax returns and 3 years of original pay stubs along with my I-134 for my fiancee's interview. (and 401k statements, etc) as well as 3 years of bank statements.

my question is, is this enough?

is having neither a letter from my employer nor a certified statement from my bank certain doom?

I am able to provide up to 5 years of the above tax and bank statements, is that a good idea?

any other thoughts?

thanks so much!

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got those having trouble figuring out my work life, I'm like the unionised equivalent of the day labourers who hang out in front of home depot going a contractor will pick them up for the day+.

which is also to add, I am in a trade union, but they do not employ me in any way, nor they do anything to get me individual work assignments, and they have no way of guaranteeing or certifying future employment. (I've lived in New York city for over 20 years without a "job" so it seems to be working out so far)

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*** Unanswered duplicate thread has been removed. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Ok so Im not familiar with your bank, I dont know if you are generally displeased with them all the time or are just frustrated over this one issue. (perhaps switch banks if its the former)- However I can say (and Ive used a lot of big name banks in addition to small ones/credit unions over the years)- I dont know of any of them that would give you certified deposit amounts for the last year. Even more so, where did you get the idea that they need to be certified??

Bank statements (you know the ones you get every month) with the deposits highlighted are sufficient.

As for your evidence:

-3 years of tax returns; please remember if you are sending returns you need to send all the w2s and schedules. Since you have a lot of them you would be better off obtaining tax transcripts from the IRS. (many threads on VJ on how to do this)

-3 years of paystubs; Oh my goodness...please dont. Its great that you have them and hold on to them if you get an RFE but the MAX you should submit is 6 months.

-401k; unless you are using assets- which you are not, you do not need to send this

-3 years of bank statements; Ill expand on this below but again that is an excessive amount. Your income is displayed on your tax return/transcript. You do not need to show every bank statement. Again at a max you can send the last 6 months.

As for the rest of your post (letter from employer, multiple companies etc). Heres the thing. You need to demonstrate you currently have sufficient income and that the income is stable and will continue.

You have to realize who ever gets your form is going to look at it and go- what the heck is this? 62 W2s? What does this guy switch jobs every few days? Thats not stable!

So the first thing you want to do is write your own employment letter. Explain what your job is (tech/manual labor etc) Explain you are a 'per diem' employee and that you work for multiple payroll companies (list them). Explain how long you have been in this profession. If theres a particular company youve been with for a long time highlight them as an example of stability. Point out you belong to a trade union. (yes the union does not guarantee future employment, but it demonstrates you are in a field/have been in that field). If you have any other training or certificates include them. Other then that just explain the evidence you are sending. Highlighted bank statements that correspond with the W2s, pay stubs and taxes.

But honestly because you say your income is at least 2x the required amount- eh, I think you will sail through with flying colors. If you were right at the requirement having an unorthodox job arrangement could be concerning.

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Proof of current and continuing income is what you want to show as an employee. No need for the past years' paystubs. Several recent paystubs and letter(s) from your various current employers stating your history with them (position, length of service). While this may seem annoying/difficult to you, it's doable.

You are in the world of immigration now and provding what they expect to see will help the process go smoothly. As stated earlier get IRS transcripts for prior years. Bank statements aren't needed. The I-134 is a multi-use form. For K1 follow the expectations for the I-864 (which you will complete for the adjustment of status phase) and you will be ok.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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