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Should my fiancee bring ONE or TWO copies of my Affidavit of Support (+ related evidence) to interview?

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Six months after filing our I-129F, my fiancee and I are almost at the finish line. K1 interview is next week at the Consulate in Guangzhou, China.

 

As I gather all docs for her to take to the interview with her (in China, I'm not allowed to accompany her), I realize I have a significant process question.

 

My understanding is that the process looks something like this (I assume this applies to more than just the Consulate in Guangzhou, which is why I'm posting in the K1 forum and not the China regional forum):

 

1. Immigrant arrives at Consulate

2. Immigrant waits, then is called to submit a stack of documents at a specified window, including police certificate, birth certificate, unopened Medical exam report, and Affidavit of Support (along with related documents such as tax returns, 1040, etc)

3. Immigrant waits again, then is called for the actual interview

 

So my question is, when my fiancee submits my Affidavit of Support (and related tax returns, etc) at the window in Step 2, does the consulate worker keep those documents, or return them to my fiancee after reviewing that they are complete?

 

If the consulate worker DOES keep them, then how is my fiancee supposed to show evidence of my income, ability to support her without becoming a public charge, etc to the interviewer during Step 3?

 

Is she supposed to bring TWO copies of the Affidavit of Support (and all related documents, tax returns, etc), one for the window in Step 2, and another for the interview in Step 3?

 

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The worker collects one original with your signature and presumably passes it along to the consular officer. There's nothing stopping your fiancee from bringing her own copy if she expects an argument about the contents of the I-134.

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Posted (edited)
23 minutes ago, jaysaldi said:

The worker collects one original with your signature and presumably passes it along to the consular officer. There's nothing stopping your fiancee from bringing her own copy if she expects an argument about the contents of the I-134.

"Presumably" or "definitely"?

Can you or anyone else on here confirm from your or your fiancee's the personal experience that this definitely happens?

That the window CO definitely passes it along  to the interview CO at some point before the interview and that the interview CO definitely has the original Affidavit of Support (and all supporting documents) in hand at the beginning of the interview?

 

My I-134 supporting documents are several hundred pages long, so I'd rather not have to make a 2nd copy and load my fiancee down with more weight to carry and documents to look after if I don't have to.

Edited by Hemutian
clarification

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Posted (edited)

We definitely handed in my original I-134 with last year's tax transcript to the Cambodian lady the Cambodian embassy who collects the documents. She presumably then gave it to the consular officer. I can't say that for sure though because I didn't see her give it to the consular officer, nor did I see the consular officer in possession of it, nor did the consular officer ask any questions about it. 

 

I guess the other options are (1) the document collection staffer takes the I-134 and no one ever looks at it (very unlikely) or (2) the document collection staffer takes the I-134 and makes their own decision on whether it's sufficient without passing it on to the consular officer (still unlikely, but more likely than #1).

 

Why are your I-134 supporting documents several hundred pages long??  Is your income on last year's tax transcript over the minimum or not?  Mine was, but I also stated the total value of my significant stock and bank account holdings on the form because I'm unemployed and my only income is dividends and capital gains and I wasn't sure if that would be a problem. I did not attach any kind of list or schedule of stock holdings to the I-134.

 

I did not hand in tax returns with schedules, because my understanding is they don't want those, at least not at the embassy in Cambodia. They wanted the 2018 tax transcript I got from the IRS, and that's it. 

 

We did bring copies of the statements from my four brokerage accounts, each about ten pages, to the interview in case they asked for them. They didn't, so we never handed them in.


 

Edited by jaysaldi

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***Topic moved to the China regional discussion area as OP is asking a very specific consulate question****


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Posted (edited)
2 hours ago, Hemutian said:

My I-134 supporting documents are several hundred pages long, so I'd rather not have to make a 2nd copy and load my fiancee down with more weight to carry and documents to look after if I don't have to.

The original submitted documents are definitely in front of the interviewer during the interview.

The support affidavit documents are not returned.

Original birth / marriage / etc records are returned in favor of copies after being checked.

She needs to submit an original I-134 which you need to have scanned and saved, and she needs to be carrying a copy.

?What could possibly be several hundred pages in an I-134 packet?  

Edited by iwannaplay54

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Posted (edited)
3 hours ago, jaysaldi said:

We definitely handed in my original I-134 with last year's tax transcript to the Cambodian lady the Cambodian embassy who collects the documents. She presumably then gave it to the consular officer. I can't say that for sure though because I didn't see her give it to the consular officer, nor did I see the consular officer in possession of it, nor did the consular officer ask any questions about it. 

 

I guess the other options are (1) the document collection staffer takes the I-134 and no one ever looks at it (very unlikely) or (2) the document collection staffer takes the I-134 and makes their own decision on whether it's sufficient without passing it on to the consular officer (still unlikely, but more likely than #1).

 

Why are your I-134 supporting documents several hundred pages long??  Is your income on last year's tax transcript over the minimum or not?  Mine was, but I also stated the total value of my significant stock and bank account holdings on the form because I'm unemployed and my only income is dividends and capital gains and I wasn't sure if that would be a problem. I did not attach any kind of list or schedule of stock holdings to the I-134.

 

I did not hand in tax returns with schedules, because my understanding is they don't want those, at least not at the embassy in Cambodia. They wanted the 2018 tax transcript I got from the IRS, and that's it. 

 

We did bring copies of the statements from my four brokerage accounts, each about ten pages, to the interview in case they asked for them. They didn't, so we never handed them in.


 

Thanks for the detailed reply.

My I-134 supporting documents are hundreds of pages long because I have lots of stocks and mutual funds, and the I-134 form specifically states that every single stock needs to be listed either in the form itself or in an attached list. My tax returns themselves are about 100 pages long for each year, and I was told I need to submit the past three years' tax returns, so that's 3 x 100 pages. I know some on here say you only need to submit the tax transcripts, but I've seen others say transcripts and returns are desired, so I figured to bring them all and play it safe. Also have last year's 1099 from my broker, which is also about 100 pages long. 

 

Maybe what would be best is to have just one copy of the long stuff, and then an extra copy of just the tax transcripts, which are basically a summary of all of the above, for my fiancee to point to as clear evidence of my income during the interview itself.

Edited by Hemutian

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Posted (edited)
1 hour ago, iwannaplay54 said:

The original submitted documents are definitely in front of the interviewer during the interview.

The support affidavit documents are not returned.

Original birth / marriage / etc records are returned in favor of copies after being checked.

She needs to submit an original I-134 which you need to have scanned and saved, and she needs to be carrying a copy.

?What could possibly be several hundred pages in an I-134 packet?  

3 years of tax returns. Each tax return itself is about 100 pages long. Are you in the "you don't need to submit the entire tax return, only the tax transcript" camp? I guess that was my next question. Because I've scanned several threads where people go back and forth and back and forth about this. It appears that about half of VJers say you should submit the full tax return, while the other half say you can get away with just the tax transcript. I guess I just wanted to play it safe and be able to submit both. 

Additionally, brokerage statement (1099) is about 100 pages long. 

Edited by Hemutian

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Posted (edited)
2 hours ago, Hemutian said:

3 years of tax returns. Each tax return itself is about 100 pages long. Are you in the "you don't need to submit the entire tax return, only the tax transcript" camp? I guess that was my next question. Because I've scanned several threads where people go back and forth and back and forth about this. It appears that about half of VJers say you should submit the full tax return, while the other half say you can get away with just the tax transcript. I guess I just wanted to play it safe and be able to submit both. 

Additionally, brokerage statement (1099) is about 100 pages long. 

Well I don’t know about camps but I do know what the instructions say.

 

The tax transcripts are noted as “preferred” by the State Department for the I-864.  A ?camp? that would advise transcripts probably got that advice from the immigrant visa instructions.

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/collect-and-submit-forms-and-documents-to-the-nvc/step-4-collect-financial-documents.html

 

See the section “obtain financial evidence”

 

The I-134 does not specifically request a tax return at all, unless one is self-employed.  Nowhere in the instructions are three years of returns mentioned however the default method of providing previous tax year information based on DOS stated preferences is the transcript.

 

https://www.uscis.gov/system/files_force/files/form/i-134.pdf?download=1

 

https://www.uscis.gov/system/files_force/files/form/i-134instr.pdf?download=1

 

It is common to throw a return in with the I-134 package.  Last years income plus current year to date income with bank/employer proof is enough to satisfy most interviewing officers.  Unless you’re in a gray area.

 

https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

 

I-864 asks for last tax transcript

or return only, however it mentions adding two more years only if the applicant feels a need to add them.

 

So based on the different affidavit types, preferences mentioned by DOS, and affidavit instructions I was curious as to how your package reached so many pages. 

 

 

 

 

 

 

 

Edited by iwannaplay54

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8 hours ago, iwannaplay54 said:

Well I don’t know about camps but I do know what the instructions say.

 

The tax transcripts are noted as “preferred” by the State Department for the I-864.  A ?camp? that would advise transcripts probably got that advice from the immigrant visa instructions.

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/collect-and-submit-forms-and-documents-to-the-nvc/step-4-collect-financial-documents.html

 

See the section “obtain financial evidence”

 

The I-134 does not specifically request a tax return at all, unless one is self-employed.  Nowhere in the instructions are three years of returns mentioned however the default method of providing previous tax year information based on DOS stated preferences is the transcript.

 

https://www.uscis.gov/system/files_force/files/form/i-134.pdf?download=1

 

https://www.uscis.gov/system/files_force/files/form/i-134instr.pdf?download=1

 

It is common to throw a return in with the I-134 package.  Last years income plus current year to date income with bank/employer proof is enough to satisfy most interviewing officers.  Unless you’re in a gray area.

 

https://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

 

I-864 asks for last tax transcript

or return only, however it mentions adding two more years only if the applicant feels a need to add them.

 

So based on the different affidavit types, preferences mentioned by DOS, and affidavit instructions I was curious as to how your package reached so many pages. 

 

 

 

 

 

 

 

I am self-employed, so that explains why I do need to include my 100-page tax return. I'm not sure where I got the "3 years of tax returns" info. I'm pretty sure I got it off of this forum. Maybe that's for AOS? In any case, I agree, based on re-reading the instructions you sent it sounds like for the interview she only needs to bring the previous year's tax return, not three years.

Plus, dozens of pages  from my 1099 listing all the stocks, since that IS required by the I-134, and dozens of pages of broker statements proving my assets. 

 

As for my initial query, do I need a SECOND copy of all this, I'm thinking maybe its enough to army my fiancee with just an extra copy of last year's tax transcript rather than a copy of the entire return, since it's got all the pertinent information on it, and she can point to it as evidence of my income surpassing the threshold.

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4 hours ago, Hemutian said:

I am self-employed, so that explains why I do need to include my 100-page tax return. I'm not sure where I got the "3 years of tax returns" info. I'm pretty sure I got it off of this forum. Maybe that's for AOS? In any case, I agree, based on re-reading the instructions you sent it sounds like for the interview she only needs to bring the previous year's tax return, not three years.

Plus, dozens of pages  from my 1099 listing all the stocks, since that IS required by the I-134, and dozens of pages of broker statements proving my assets. 

 

As for my initial query, do I need a SECOND copy of all this, I'm thinking maybe its enough to army my fiancee with just an extra copy of last year's tax transcript rather than a copy of the entire return, since it's got all the pertinent information on it, and she can point to it as evidence of my income surpassing the threshold.

If you’re using income to qualify then listing our assets is not necessary. For example, if your income is $150k and clearly over the threshold, you don’t list any assets on the form. You just leave that section blank since you qualify with your income and don’t need assets to prove the “public charge” criteria.

 

We used only income on the form, did not list any assets or real estate, and had no trouble with the process. Obviously this will hinge on what you’re income is showing, but if you are showing sufficient income in past 3 years tax returns (I’m assuming you’re income is over $100k and more than sufficient due to the size of your returns) then no assets are necessary.

 

The consulate did not even take the bank letter and bank statements that I provided (still include these since the instructions say to), which shows that if you’re more than qualified on income they don’t care about assets.

Just now, samnrong said:

If you’re using income to qualify then listing our assets is not necessary. For example, if your income is $150k and clearly over the threshold, you don’t list any assets on the form. You just leave that section blank since you qualify with your income and don’t need assets to prove the “public charge” criteria.

 

We used only income on the form, did not list any assets or real estate, and had no trouble with the process. Obviously this will hinge on what you’re income is showing, but if you are showing sufficient income in past 3 years tax returns (I’m assuming you’re income is over $100k and more than sufficient due to the size of your returns) then no assets are necessary.

 

The consulate did not even take the bank letter and bank statements that I provided (still include these since the instructions say to), which shows that if you’re more than qualified on income they don’t care about assets.

We had only one copy. Second copy not necessary.

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1 hour ago, samnrong said:

If you’re using income to qualify then listing our assets is not necessary. For example, if your income is $150k and clearly over the threshold, you don’t list any assets on the form. You just leave that section blank since you qualify with your income and don’t need assets to prove the “public charge” criteria.

 

We used only income on the form, did not list any assets or real estate, and had no trouble with the process. Obviously this will hinge on what you’re income is showing, but if you are showing sufficient income in past 3 years tax returns (I’m assuming you’re income is over $100k and more than sufficient due to the size of your returns) then no assets are necessary.

 

The consulate did not even take the bank letter and bank statements that I provided (still include these since the instructions say to), which shows that if you’re more than qualified on income they don’t care about assets.

We had only one copy. Second copy not necessary.

My income is over 125% of the poverty threshold but it is not over $100,000. And most of it is not from wages, it's from capital gains. Which makes me feel they may scrutinize it more than usual. Which is why I want to include assets as well, just as a form of insurance. Also, with the recent update to the guidelines from the Trump administration, it just seems like I should be extra careful, and that it is in my interest to share any evidence I can to guarantee that my fiancee will not become public charge. In this case, my assets, in addition to my income, would certainly count as such evidence. 

 

Above, iwannaplay54 writes that 3 years' tax returns are not necessary. But I notice that you did provide 3 years' tax returns. Were you just trying to be extra careful?

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6 hours ago, Hemutian said:

My income is over 125% of the poverty threshold but it is not over $100,000. And most of it is not from wages, it's from capital gains. Which makes me feel they may scrutinize it more than usual. Which is why I want to include assets as well, just as a form of insurance. Also, with the recent update to the guidelines from the Trump administration, it just seems like I should be extra careful, and that it is in my interest to share any evidence I can to guarantee that my fiancee will not become public charge. In this case, my assets, in addition to my income, would certainly count as such evidence. 

 

Above, iwannaplay54 writes that 3 years' tax returns are not necessary. But I notice that you did provide 3 years' tax returns. Were you just trying to be extra careful?

Best to provide assets to CYA. If they're not necessary the consulate will just ignore, but can't hurt to have.

 

I provided 2 year's tax returns (I believe). As others mentioned, only 1 year is required per the instructions. I gave more just to be careful. However, I provided transcripts, not returns, as I am not self-employed.

 

Suggest you provide the transcripts along with the returns. Returns are lower evidence, as they are not official forms and can be altered on your end. Transcripts are official IRS records of what they have on file.

 

Good luck!

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copy vs original vs ? 

The I-134 itself must be original, with original signature . 

 

The rest of it can be copies. 

The papers submitted at the window will walk behind the scenes, ultimately in the interviewer's hands for final review before the actual interview step. 

 

 

 

 

 


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1 hour ago, samnrong said:

Best to provide assets to CYA. If they're not necessary the consulate will just ignore, but can't hurt to have.

 

I provided 2 year's tax returns (I believe). As others mentioned, only 1 year is required per the instructions. I gave more just to be careful. However, I provided transcripts, not returns, as I am not self-employed.

 

Suggest you provide the transcripts along with the returns. Returns are lower evidence, as they are not official forms and can be altered on your end. Transcripts are official IRS records of what they have on file.

 

Good luck!

I had to Google "CYA". Here I was thinking it was some visa-related technical term. 😮😝

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