Jump to content
Matheus

I-134 for K1 question

12 posts in this topic

Recommended Posts

Hey!

 

My Fiancee is preparing the I-134 and supporting documents to mail me, does she need to fill the I-134 basing on her annual salary or she needs to include her annual salary + bonus? In her company she could potentially earn an additional 6 to 7 thousand every year from this bonus program.
She is sending me an employment letter with her annual salary, not including bonus, W-2 from the last 3 years as well as Tax Forms (1040), 2 recent paystubs, official letters from her bank showing transactions for the last year, dates she opened the account, her I-134 is reflecting her annual salary, will there be a problem with it? Should she re-write her employment letter and I-134 including bonus or not?

Thanks in advance.

Share this post


Link to post
Share on other sites
Posted (edited)
1 hour ago, Matheus said:

Hey!

 

My Fiancee is preparing the I-134 and supporting documents to mail me, does she need to fill the I-134 basing on her annual salary or she needs to include her annual salary + bonus? In her company she could potentially earn an additional 6 to 7 thousand every year from this bonus program.
She is sending me an employment letter with her annual salary, not including bonus, W-2 from the last 3 years as well as Tax Forms (1040), 2 recent paystubs, official letters from her bank showing transactions for the last year, dates she opened the account, her I-134 is reflecting her annual salary, will there be a problem with it? Should she re-write her employment letter and I-134 including bonus or not?

Thanks in advance.

Future income cannot be used to support you now. Neither can past income. They will care about current income first. At the time you present the I-134, it needs to show the petitioner's current income...that is how much they are earning at that time. The past income may be considered for the public charge piece as well, but current income is what is required.
 

This is what you'll need. Embassy's are asking for tax transcripts and not 1040 anymore. You will get a 221(g) asking tor your TT after the interview. Revert to what is needed for your 6from the instructions in th P3 letter.

 

EVIDENCE OF SUPPORT. You should be able to demonstrate that you will not become a public charge or be a burden on the U.S. taxpayers for financial support. A completed I-134 Affidavit of Support Form (https://www.uscis.gov/i-134) K1/K2 Interview Preparation Instructions – English (February 2014)  Page 3 of 9 with an original signature will be useful to the consular officer to evaluate your petitioner’s ability to be financially responsible for you. You should also submit your petitioner’s most recent U.S. Federal income tax return (Form 1040) and wage statements (Form W-2). Employment letters stating salaries and bank statements may be included to substantiate the I-134. Get the IRS transcript in place of the actual 1040 here: https://www.irs.gov/Individuals/Get-Transcript Use this link to determine the income levels needed https://www.uscis.gov/i-864p.
 

Edited by Greenbaum

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

Share this post


Link to post
Share on other sites

Thanks @Greenbaum for the answer, I do know that future or past income doesn't matter so those documents that refer to the past are only being taken for reference in case they ever want to look at it, if they don't that's fine at least I have all those with me. I'm actually asking about her current income, that does include the bonus every month that she gets, question is, is it needed to mention the bonus on the I-134 or it doesn't matter? She does earn way above needed to support the K1 visa, question is only if she should mention anything about her bonus, because her annual income will be different than stated on her annual salary.

Share this post


Link to post
Share on other sites
24 minutes ago, Matheus said:

Thanks @Greenbaum for the answer, I do know that future or past income doesn't matter so those documents that refer to the past are only being taken for reference in case they ever want to look at it, if they don't that's fine at least I have all those with me. I'm actually asking about her current income, that does include the bonus every month that she gets, question is, is it needed to mention the bonus on the I-134 or it doesn't matter? She does earn way above needed to support the K1 visa, question is only if she should mention anything about her bonus, because her annual income will be different than stated on her annual salary.

If she can have her employer include the bonus in the employment letter all the better. But, because she earns "way" above then its not going to harm anything. When you present her tax transcript for last year it will confirm her earnings. 


Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

Share this post


Link to post
Share on other sites

I was in the same situation with your fiancee. I didn't include the bonus because it is not steady, one year you could get 4k another 7k. My employer letter was showing my base salary and include the most recent IRS transcript, you should be fine. We were way above the income requirement and they didn't ask about the letter from my employer, bank statements, w2 etc. 

Share this post


Link to post
Share on other sites
On 7/22/2019 at 5:30 PM, Matheus said:

Hey!

 

My Fiancee is preparing the I-134 and supporting documents to mail me, does she need to fill the I-134 basing on her annual salary or she needs to include her annual salary + bonus? In her company she could potentially earn an additional 6 to 7 thousand every year from this bonus program.
She is sending me an employment letter with her annual salary, not including bonus, W-2 from the last 3 years as well as Tax Forms (1040), 2 recent paystubs, official letters from her bank showing transactions for the last year, dates she opened the account, her I-134 is reflecting her annual salary, will there be a problem with it? Should she re-write her employment letter and I-134 including bonus or not?

Thanks in advance.

 

Form I-134 Instructions 02/13/19

 

Supporting Evidence

Evidence should consist of copies of any of the documents listed below that apply to your situation.

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.

 

Doesn't mention W-2, 1040's, or paystubs.

 

 

 

 

 

Share this post


Link to post
Share on other sites

Moved from Progress Reports to Process & Procedures.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

Share this post


Link to post
Share on other sites
On 7/25/2019 at 12:41 PM, visafrompa said:

 

Form I-134 Instructions 02/13/19

 

Supporting Evidence

Evidence should consist of copies of any of the documents listed below that apply to your situation.

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.

 

Doesn't mention W-2, 1040's, or paystubs.

 

 

 

 

 

Again, just because it isn't specifically stated in the instructions does not mean it is not required. There are plenty of posts on here of people being sent into AP becauses they didn't include the supporting files.

 

Good luck arguing with the CO who sends you into AP "but the instructions didn't say I needed it".

 

Word of advise, be overprepared. Bring the extra documents. Don't do the bare minimum as this user suggests. Follow the advice of the people like Greenbaum and other uses that are highly rated. They've been seeing this a long time and have seen all types of scenarios play out. If Greenbaum says to bring a W-2 to CYA then bring a W-2. :D

Share this post


Link to post
Share on other sites
Posted (edited)
3 hours ago, samnrong said:

isn't specifically stated in the instructions does not mean it is not required

 

I think you need to realize what 'required documentation' means.  

 

Getting past USCIS and NVC really only requires some basic paperwork.  Yet people constantly do things like send in 500 pages of chat transcripts.  I-134s can be done with few documents, yet people send 200 pages of useless paper that are not applicable.  Your tax transcript is primary evidence, they hole significant weight over a 1040 (because you fill that out).  

 

 AOS is much harder (as you have to prove bonafide marriage) but a K-1 is dead simple.

 

I'm following my own advice, and my fiance is from a DOCUMENTED high marriage/visa fraud country (China... every thinks they are from a high fraud country.... but no one, well, except me, has ever posted a listing of documented high marriage fraud countries).

 

I'm sure that USCIS causes a lot of this confusion itself, some of the requirements are vague, and then you have the IO who can basically do whatever they heck they want. And I'm sure that there are days when IO simply have a bad day and no one, no matter the circumstances, get a visa.  I hope this is not true, but people are like that.  No one wants to get an RFE and waste time, but then again no one wants to do the MUCH SIMPLER IR/CR-1 that takes longer.

 

This is my second round with USCIS.  So yeah, I'll keep doing what has worked for me.  I'll continue to tell WHAT I DID, and that I NEVER HAD AN ISSUE.

 

As far as taking documents to the INTERVIEW, YES.  Take whatever you think will help.  But that's NOT the same thing as including them with the I-129F packet.  Read the Consulates web site for information and bring what they ask.    

 

I think you are misinterpreting what I am saying.  I am saying don't add bloat to the I-129F or I-134.  But have (in your hand, for the interview) additional documents.  That's one reason why they have the interview in the first place.

 

 

Edited by visafrompa

Share this post


Link to post
Share on other sites
11 minutes ago, visafrompa said:

As far as taking documents to the INTERVIEW, YES.  Take whatever you think will help.  But that's NOT the same thing as including them with the I-129F packet.  Read the Consulates web site for information and bring what they ask.    

 

I think you are misinterpreting what I am saying.  I am saying don't add bloat to the I-129F or I-134.  But have (in your hand, for the interview) additional documents.  That's one reason why they have the interview in the first place.

 

 

Umm, I think you’re misinterpreting here. The I-134 is NOT mailed to USCIS. It’s presented at the consulate before the interview. Taking documents to the interview is the same as having them prepared for submission of the form. There is nothing mailed in advance to USCIS. Therefore, if you show up to the consulate without the docs and they ask for it, you’re in AP.

Share this post


Link to post
Share on other sites
2 minutes ago, samnrong said:

Umm, I think you’re misinterpreting here. The I-134 is NOT mailed to USCIS. It’s presented at the consulate before the interview. Taking documents to the interview is the same as having them prepared for submission of the form. There is nothing mailed in advance to USCIS. Therefore, if you show up to the consulate without the docs and they ask for it, you’re in AP.

An I-134 has different destinations depending on your visa.  But it requires only 2 pieces (with copies) of documentation to determine financial  support.

 

Now this is where USCIS make is murkey.  China is a 'high fraud' country.  So the consulate requires ADDITIONAL documentation:

 

https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/GUZ-Guangzhou.html#pre_interview_checklist

 

For returning residents (SB-1), diversity visa (DV), and fiancé (K1): The sponsor or petitioner who will financially support you should complete a Form I-134 and provide a copy of his/her IRS-issued tax transcript and all supporting financial documents needed to verify the income reported on his or her tax returns - i.e. W-2 form, 1099-MISC form, proof of rental income, proof of business income, proof of social security benefits, etc. for the latest year available 

 

Not all consulates require this.  So my fiance will have a tax transcript and my W-2s for 2018.  That's exactly two (well, six, you need to bring copies) pieces of paper.

 

Note NONE OF THE ITEMS REQUIRED BY THE CONSULATE are listed in the I-134.  

 

 

Share this post


Link to post
Share on other sites
2 minutes ago, visafrompa said:

An I-134 has different destinations depending on your visa.  But it requires only 2 pieces (with copies) of documentation to determine financial  support.

 

Now this is where USCIS make is murkey.  China is a 'high fraud' country.  So the consulate requires ADDITIONAL documentation:

 

https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/GUZ-Guangzhou.html#pre_interview_checklist

 

For returning residents (SB-1), diversity visa (DV), and fiancé (K1): The sponsor or petitioner who will financially support you should complete a Form I-134 and provide a copy of his/her IRS-issued tax transcript and all supporting financial documents needed to verify the income reported on his or her tax returns - i.e. W-2 form, 1099-MISC form, proof of rental income, proof of business income, proof of social security benefits, etc. for the latest year available 

 

Not all consulates require this.  So my fiance will have a tax transcript and my W-2s for 2018.  That's exactly two (well, six, you need to bring copies) pieces of paper.

 

Note NONE OF THE ITEMS REQUIRED BY THE CONSULATE are listed in the I-134.  

 

 

Umm, that's exactly what I said. To bring the W-2 and tax transcripts, which you are now acknowledging are needed, after previously giving advice that no such documents were required.

 

Also, not sure why you are bringing up other visas? This thread is specifically discussing K-1 visa. Information for other visas is irrelevant.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...