Income requirement - i134

[janm 17]

Hello all,

 

I've been seeing a lot of post regarding income requirements and wanted some clarifications. For the i134 one must simply make above the 125% poverty line or 3 times more than that?  Also, is it likely that they will focus more on the income one is making at the time of the interview or more on the w2s? 

[Chris Duffy 1,257]

2 minutes ago, janm said:

Hello all,

 

I've been seeing a lot of post regarding income requirements and wanted some clarifications. For the i134 one must simply make above the 125% poverty line or 3 times more than that?  Also, is it likely that they will focus more on the income one is making at the time of the interview or more on the w2s? 

Many people don't get a W2

 

 

[Jeanne Adil 1,651]

For K1 you only need 100% of poverty level income

later for AOS you need the 125% level

and most people do get W2 unless self employed even buisness owners often get a salary and accountant sends them a W 2 / my multil millionaire boss got a W2 for him and every member of his family as he put them all on payroll  / it just makes good sense to do this as provides security for medicare and all things when retire

Edited April 15, 2018 by adil-rafa

[janm 17]

Thank you!!

[mysticdolphin95 431]

7 hours ago, Chris Duffy said:

Many people don't get a W2

Employers are required to give all employees a W-2 - it's required by law.  Not sure where you've gotten this idea, but it's 100% false.

[DaveAndAnastasia 2,093]

12 minutes ago, mysticdolphin95 said:

Employers are required to give all employees a W-2 - it's required by law.  Not sure where you've gotten this idea, but it's 100% false.

Yes, but some people are contractors rather than employees, and so get 1099s instead.

[mysticdolphin95 431]

4 minutes ago, DaveAndAnastasia said:

Yes, but some people are contractors rather than employees, and so get 1099s instead.

I said employees, not contractors.  Yes, contractors get 1099s.

[payxibka 10,045]

23 minutes ago, mysticdolphin95 said:

Employers are required to give all employees a W-2 - it's required by law.  Not sure where you've gotten this idea, but it's 100% false.

He said people not employees

Edited April 15, 2018 by payxibka

[geowrian 22,337]

The I-134 is only a tool to help the CO determine the visa applicant's public charge concern. Some COs want to see 100% of the federal poverty level, others want to see 125%, and some don't even ask for it  at certain consulates. Keep in mind the CO looks at the totality of the circumstances. Not meeting a minimum level guarantees a refusal. Meeting the minimum level doesn't guarantee anything.

 

If using assets (instead of or alongside income), that's where the 3x factor comes into play. Technically it's 5x for a fiance/fiancee, but generally they go by the 3x level used for a spouse.

 

10 hours ago, mysticdolphin95 said:

Employers are required to give all employees a W-2 - it's required by law.  Not sure where you've gotten this idea, but it's 100% false.

What you've stated here is true (so long as the income meets the minimum level from the employer), but doesn't apply to what you quoted.

As stated, many people actually are not issued a W-2 because their income source doesn't use a W-2. There are many sources of income besides typical wage earners (investment income, business income, retirement income, etc.).

 

@OP

If the income is as an employee for employer, then current income is what matters, and showing the current income is what you need to do. This is where pay stubs and an employment letter are important. Tax returns and a W-2 do little to show the current income on this type of earner.

If the income is from another source (such as a business or self employment) , tax returns may be the most accurate way to show current income.

COs at some embassies want to see the most recent tax year's return either way for the I-134.

[Paul & Mallory 1,398]

It's a combination of both current and consistent income, I think. Obviously, the current income is important because this is likely the income that will be supporting the beneficiary (unless a co-sponsor is involved). However, they do ask for things like previous W2s and/or paycheck stubs/vouchers to verify consistent income over time. In my case - I make more now than I did in 2016 or 2015, but I provided a copy of my W2s for both years and also for the recent tax year since I'd managed to complete my taxes before interview time. We were approved.

 

As long as the petitioner's current income is sufficient based on the standards outlined in the I-134, I think that's what matters the most. As someone else has already said - 100% of the poverty guideline is what they'll look for at this stage, but 125% comes into play during AOS.