I-134 Bank Statements if Income is over 125%

[japanrecruit 0]

Hey guys, this might've been beat to death but I don't see too many "recent" entries here. I need to provide an I-134 to my Fiancee (who will interview in Tokyo), and am stuck on the bank statements. My income is well over 125% of the poverty guidelines, so I'm sure all I need is a letter from my employer, and my tax returns, correct? (Is it the actual tax return, or the W2?)

On the physical form (I-134), if only my income is sufficient, do I still need to fill out bank balances and whatnot? I'm sure it won't hurt to fill out, but I thought if I filled it out, they would want documents to back it up so was wondering what everyone did that had sufficient income.

Thanks!

[f f 725]

it won't hurt you if you fill it in but it is not needed if you are well over the 125%. I just left mine blank and was approved with no issues.

[KayDeeCee 4,891]

No recent topics here? The I-134 is asked about several times a day here.

You need a copy of the complete tax return or an IRS transcript plus proof of current annual income via a letter from employer and/or recent pay stubs. Since you meet the requirement, no need for bank statements, or to list assets. You can leave that whole section of the form blank.

[tortugarouge 16]

I am filing an I-134 along with a cosponsor.

The cosponsor was able to get a letter from the employer (they make well above 125%) and their tax return for the previous year. Then they went to the bank and the bank officer was able to give them a signed letter with the account opening date and current balance but they say they are not allowed to divulge amount deposited in the first year - is this going to be okay?

My bank, was sloppier. They printed out all the bank statements from the past year and a screen shot of date account opened, current balance, amount deposited in the past year - but nothing signed or "official" from the bank. I read him the instructions from the uscis site and I he didnt "hear the part where they need a signature." Helpful jerk he was.

Would the things I've gathered so far suffice?

Just in case, I plan on going to another branch of my bank to see if I can get something better. With everything I have plus the two I-134 forms, would that be okay?

Thank you for your 2 cents, in advance.

[japanrecruit 0]

Thanks for all of the replies, everyone. That really helps. Is there anything in writing anywhere saying bank statements are not require if income is met? It is very vague, as most of you are well aware. Or is it more of an unwritten thing?

[laci1806 15]

I thought tax returns aren't technically required. My last year's tax returns were filed with my ex husband. So I wasn't planning submitting tax returns since obviously they aren't indicative of my current income since I'm single now. Will this be ok if I just get letter from employer, letter from bank and bank statements.

[f f 725]

might be right but for the i864 you must include your most recent taxes. a letter of employment is sufficient unless you are self employed where you would have to include taxes at this stage.

[KayDeeCee 4,891]

I am filing an I-134 along with a cosponsor.

The cosponsor was able to get a letter from the employer (they make well above 125%) and their tax return for the previous year. Then they went to the bank and the bank officer was able to give them a signed letter with the account opening date and current balance but they say they are not allowed to divulge amount deposited in the first year - is this going to be okay?

My bank, was sloppier. They printed out all the bank statements from the past year and a screen shot of date account opened, current balance, amount deposited in the past year - but nothing signed or "official" from the bank. I read him the instructions from the uscis site and I he didnt "hear the part where they need a signature." Helpful jerk he was.

Would the things I've gathered so far suffice?

Just in case, I plan on going to another branch of my bank to see if I can get something better. With everything I have plus the two I-134 forms, would that be okay?

Thank you for your 2 cents, in advance.

The letter from employer and recent tax return will suffice even. Bank letter not required, so you should be fine.

Thanks for all of the replies, everyone. That really helps. Is there anything in writing anywhere saying bank statements are not require if income is met? It is very vague, as most of you are well aware. Or is it more of an unwritten thing?

The I-134 instructions are vague and don't really apply to a visa with immigrant intent. Since the K-1 is processed through the immigrant visa units of the consulates, they tend to go by the I-864 guidelines, even when using the I-134. This is also because you will need the I-864 not long after obtaining the K-1, after you are married and filing for AOS. Check your consulate's instructions. If they do not ask for a bank letter/statements specifically, then they are not required. They are usually used for someone that is self-employed, someone using assets, or someone that needs to prove non-taxable income.

You can read through the whole section on public charge in the FAM, but here is an excerpt on the use of the I-134 geared towards a K-1 applicant>

https://fam.state.go...9FAM030208.html

(Previous Location: 9 FAM 40.41 N5.6-3 CT:VISA-1995; 06-06-2013)

(3) Use of Form I-134:

...

(e) 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).

I thought tax returns aren't technically required. My last year's tax returns were filed with my ex husband. So I wasn't planning submitting tax returns since obviously they aren't indicative of my current income since I'm single now. Will this be ok if I just get letter from employer, letter from bank and bank statements.

Most consulates ask for them. See the excerpt from the FAM above. Your consulate might not insist, but their instructions state they are preferable. It is ok if your most recent taxes were filed with your ex. Show the 1040 and your W-2 to show your individual income from the joint return.

http://photos.state.gov/libraries/ukraine/895/pdf/K_Instructions_002.pdf

6. EVIDENCE OF SUPPORT: Any evidence from your American spouse/fiancé(e) which will show the consular officer that you and members of your family who will accompany you will not become public charges while in the United States. Documentation regarding financial support can be in any form – preferably one year of tax returns, W-2s, bank statements, earning statements, letters from employers. PRESENTING ONLY THE AFFIDAVIT OF SUPPORT I-134 FORM IS NOT SUFFICIENT. The I-864 form is not required for a fiancé(e) visa.

[japanrecruit 0]

The letter from employer and recent tax return will suffice even. Bank letter not required, so you should be fine.

The I-134 instructions are vague and don't really apply to a visa with immigrant intent. Since the K-1 is processed through the immigrant visa units of the consulates, they tend to go by the I-864 guidelines, even when using the I-134. This is also because you will need the I-864 not long after obtaining the K-1, after you are married and filing for AOS. Check your consulate's instructions. If they do not ask for a bank letter/statements specifically, then they are not required. They are usually used for someone that is self-employed, someone using assets, or someone that needs to prove non-taxable income.

You can read through the whole section on public charge in the FAM, but here is an excerpt on the use of the I-134 geared towards a K-1 applicant>

https://fam.state.go...9FAM030208.html

(Previous Location: 9 FAM 40.41 N5.6-3 CT:VISA-1995; 06-06-2013)

(3) Use of Form I-134:

...

(e) 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).

Most consulates ask for them. See the excerpt from the FAM above. Your consulate might not insist, but their instructions state they are preferable. It is ok if your most recent taxes were filed with your ex. Show the 1040 and your W-2 to show your individual income from the joint return.

http://photos.state.gov/libraries/ukraine/895/pdf/K_Instructions_002.pdf

6. EVIDENCE OF SUPPORT: Any evidence from your American spouse/fiancé(e) which will show the consular officer that you and members of your family who will accompany you will not become public charges while in the United States. Documentation regarding financial support can be in any form – preferably one year of tax returns, W-2s, bank statements, earning statements, letters from employers. PRESENTING ONLY THE AFFIDAVIT OF SUPPORT I-134 FORM IS NOT SUFFICIENT. The I-864 form is not required for a fiancé(e) visa.

Hey KayDeeCee, thanks for the detailed response! This is what Tokyo Embassy's website has:

The sponsor’s affidavit should include:

• Information regarding his/her annual income
• Material/information regarding his/her other resources
• Obligations for the support of members of his/her own family and other persons, if any
• Other obligations and expenses
• Plans and arrangements made for the applicant's reception and support
• Expression of willingness to deposit a bond, if necessary, with the USCIS to guarantee that the applicant will not become a public charge in the United States and
• Acknowledgment that the sponsor is aware of his/her responsibilities under the Social Security Act, as amended, and the Food Stamp Act, as amended, that the affidavit will be binding upon the sponsor for three years after entry of the named persons and that the affidavit and supporting documentation may be made available to a public assistance agency (The provisions of the above law are in the instructions for Form I-134).

To substantiate the information regarding income and resources the sponsor should attached two or more of the following items to the affidavit:

• Copies of his or her latest federal income tax return
• Statement from his/her employer showing salary and the length and permanency of employment
• Statement from an officer of a bank regarding his/her account, the date the account was opened and the present balance
• Any other evidence adequate to establish financial ability to carry out his/her undertaking toward the applicant for what might be an indefinite period of time

Affidavits of support should be of recent date when presented to the consular officer. They are unacceptable if more than one year has elapsed from the date of execution. The affidavit of support should be given to the applicant to present on the day of his/her visa interview. If you do not wish the person to see this affidavit, it may be sent directly to the Embassy/Consulate with a cover letter giving the applicant's full name, date and place of birth and case number.

Bolding is mine; it says two or more, so I'm assuming copies of my tax return and my employer letter should be enough. Also, dumb question-- tax "return" can be the IRS Transcript?

Thanks!!!!

Edited September 7, 2016 by japanrecruit

[KayDeeCee 4,891]

Hey KayDeeCee, thanks for the detailed response! This is what Tokyo Embassy's website has:

,,,

Bolding is mine; it says two or more, so I'm assuming copies of my tax return and my employer letter should be enough. Also, dumb question-- tax "return" can be the IRS Transcript?

Thanks!!!!

You are welcome, and yes, any 2 or more of the types of evidence they are asking for. Also, yes, an IRS transcript definitely works.

[tortugarouge 16]

The letter from employer and recent tax return will suffice even. Bank letter not required, so you should be fine.

The I-134 instructions are vague and don't really apply to a visa with immigrant intent. Since the K-1 is processed through the immigrant visa units of the consulates, they tend to go by the I-864 guidelines, even when using the I-134. This is also because you will need the I-864 not long after obtaining the K-1, after you are married and filing for AOS. Check your consulate's instructions. If they do not ask for a bank letter/statements specifically, then they are not required. They are usually used for someone that is self-employed, someone using assets, or someone that needs to prove non-taxable income.

You can read through the whole section on public charge in the FAM, but here is an excerpt on the use of the I-134 geared towards a K-1 applicant>

https://fam.state.go...9FAM030208.html

(Previous Location: 9 FAM 40.41 N5.6-3 CT:VISA-1995; 06-06-2013)

(3) Use of Form I-134:

...

(e) 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).

Most consulates ask for them. See the excerpt from the FAM above. Your consulate might not insist, but their instructions state they are preferable. It is ok if your most recent taxes were filed with your ex. Show the 1040 and your W-2 to show your individual income from the joint return.

http://photos.state.gov/libraries/ukraine/895/pdf/K_Instructions_002.pdf

6. EVIDENCE OF SUPPORT: Any evidence from your American spouse/fiancé(e) which will show the consular officer that you and members of your family who will accompany you will not become public charges while in the United States. Documentation regarding financial support can be in any form – preferably one year of tax returns, W-2s, bank statements, earning statements, letters from employers. PRESENTING ONLY THE AFFIDAVIT OF SUPPORT I-134 FORM IS NOT SUFFICIENT. The I-864 form is not required for a fiancé(e) visa.

You are a legend! Thank you so much for the detailed information!

[laci1806 15]

The letter from employer and recent tax return will suffice even. Bank letter not required, so you should be fine.

The I-134 instructions are vague and don't really apply to a visa with immigrant intent. Since the K-1 is processed through the immigrant visa units of the consulates, they tend to go by the I-864 guidelines, even when using the I-134. This is also because you will need the I-864 not long after obtaining the K-1, after you are married and filing for AOS. Check your consulate's instructions. If they do not ask for a bank letter/statements specifically, then they are not required. They are usually used for someone that is self-employed, someone using assets, or someone that needs to prove non-taxable income.

You can read through the whole section on public charge in the FAM, but here is an excerpt on the use of the I-134 geared towards a K-1 applicant>

https://fam.state.go...9FAM030208.html

(Previous Location: 9 FAM 40.41 N5.6-3 CT:VISA-1995; 06-06-2013)

(3) Use of Form I-134:

...

(e) 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).

Most consulates ask for them. See the excerpt from the FAM above. Your consulate might not insist, but their instructions state they are preferable. It is ok if your most recent taxes were filed with your ex. Show the 1040 and your W-2 to show your individual income from the joint return.

http://photos.state.gov/libraries/ukraine/895/pdf/K_Instructions_002.pdf

6. EVIDENCE OF SUPPORT: Any evidence from your American spouse/fiancé(e) which will show the consular officer that you and members of your family who will accompany you will not become public charges while in the United States. Documentation regarding financial support can be in any form preferably one year of tax returns, W-2s, bank statements, earning statements, letters from employers. PRESENTING ONLY THE AFFIDAVIT OF SUPPORT I-134 FORM IS NOT SUFFICIENT. The I-864 form is not required for a fiancé(e) visa.

I was a stay at home mom until my divorce so although we filed married filing jointly, I don't have a w2 or anything as all the income was made by my ex. husband. Do you still think I should send a copy of taxes?

[Excited 1]

W2 and tax returns are acceptable. My only point beyond what others are saying is hat on your tax return line 22 ( taxable income is what USCIS using to determine the 125% requirement. If yours is not that amount then you can use assets and/or co-sponsor. Note: if using co sponsor all people in his household and yours plus your fiancé will be counted to determine 125% requirement. IE: if all people in household totals 7 people the USCIs uses 7 person household income amount from line 22 of federal tax return to determine 125% amount of $45,921. If you use assets it is 3 times this amount $137,763 of equity.

[Georgia16 2,858]

Might be embassy specific. So try and ask there also.

We never had a letter from employer or any bank statements and we have be fine so far

[KayDeeCee 4,891]

I was a stay at home mom until my divorce so although we filed married filing jointly, I don't have a w2 or anything as all the income was made by my ex. husband. Do you still think I should send a copy of taxes?

I do not know how strict they are at your consulate about wanting to see the taxes. They list the other documents such as letter from employer and pay stubs, so perhaps provide both of those to highlight you currently meet the income requirement. You just need to convince the CO that the foreign fiance(e) will not become a public charge.

W2 and tax returns are acceptable. My only point beyond what others are saying is hat on your tax return line 22 ( taxable income is what USCIS using to determine the 125% requirement. If yours is not that amount then you can use assets and/or co-sponsor. Note: if using co sponsor all people in his household and yours plus your fiancé will be counted to determine 125% requirement. IE: if all people in household totals 7 people the USCIs uses 7 person household income amount from line 22 of federal tax return to determine 125% amount of $45,921. If you use assets it is 3 times this amount $137,763 of equity.

This is true if you are self-employed or not providing any other documentation to show what your current annual income is. If you are an employee, you can use letter from employer and recent pay stubs. Your current income may not be what you made last year. People change jobs, get promotions, raises, etc. If they didn't meet the requirement according to their taxes from last year, but got a job during this current year making over the requirement, they should not need a co-sponsor or assets. They use a projection of their earnings to get their current annual income, list that, and provide the documents listed above to prove that amount.

If self-employed, it works a bit differently, and they will look at line 22 of your most recent 1040. Some people have even needed to take fewer business deductions to get their Total Income amount to meet the requirement.

Edited September 7, 2016 by KayDeeCee