Affadavit co- sponsor

[shadow42 0]

Hi I have the following question,'

Due to the fact my fiancee has no employment and we are applying for a US K1 petition we are using her brother as a co-sponsor for the petition on the I-134.

Q1. Her brother has a wife and children and even though he has all the information( tax returns, above poverty level, employment history etc) I recall reading somewhere that the co-sponsor must have his wife also sign the petition?

If this is true she is willing to do this however we cannot see anywhere on the form to sign?

Q2. Although he does not work for himself, should we still arrange for the past three years of his tax returns to be included in the submission ?

Q3. Bank history required.

Upon going to the bank to get an officer of the bank to give the;

Date account opened

Total amount deposited for the past year

Present balance

The bank officer said that they dont do it and have to send it off to their legal department for adjudication and then they send it back to us.

Has anyone else had this problem or was the person at the bank just not wanting to deal with us ?

Many thanks for any help supplied.

[YuAndDan 153]

Q1 Who ever signed the joint tax return last year should also sign the I-134

Q2 Yes

Q3 I keep saying for I-134 this is only needed if the asset "Bank account" is being used to make up the difference between income and 125% poverty line. If income is above then you don't need to bother with bank data. This is the case for the co-sponsor, and does not need to be provided by the sponsor because she is relying on a co-sponsor.

Bank statements are only needed to use as an asset if income is below 125% of the poverty line.

In our case this what the I-134 included.

• I-134 signed and notarized.
  
• Tax transcripts from the IRS for past 3 years, (Redundant for the (1040,W2,1099) but are free from the IRS
  
• Photo copy of IRS form 1040, and W2s for past 3 years
  
• Letter from my employer stating annual salary, job responsibility, and that is full time, on company letterhead.
  
• Photo copies of past 6 months pay stubs up to a few weeks before the interview.
  

[shadow42 0]

Many thanks for your quick response;

My fiancee says that her brother does not keep his pay stubbs, and gets paid weekly therefore asking for six months worth from his employer might be an ordeal. Do you think we can get by without these.

Also if they did file jointly, where on the form is his wife suppose to sign the form ?? sorry were idiots many thanks for your help.

With him not being self employed and actually working for a company could he not get away with only his most recent tax return or do you think this is too risky.

Once again many thanks

[YuAndDan 153]

Many thanks for your quick response;

My fiancee says that her brother does not keep his pay stubbs, and gets paid weekly therefore asking for six months worth from his employer might be an ordeal. Do you think we can get by without these.

Also if they did file jointly, where on the form is his wife suppose to sign the form ?? sorry were idiots many thanks for your help.

With him not being self employed and actually working for a company could he not get away with only his most recent tax return or do you think this is too risky.

Once again many thanks

She could sign on the same line as him on the I-134

A few pay stubs will do, 6 months is way more than needed.

Can get IRS transcripts they are better than the returns. Just order the simple transcripts over the phone. Makes no difference self employed or not, the IRS returns are the best evidence of income.

http://www.irs.gov/faqs/faq1-6.html

[tom&tata 2]

The pay stub should be recent ones (not older than 6 months I think) to show that it is current income.

My husband did I-864 and I think we included 3 recent pay stubs.

Good luck !

[shadow42 0]

Many many thanks for all your help people,

I have relayed the info to the US and we are taking all your advice.

Once again a big thankyou

[endless 0]

As far as I know the pay stubs have a summary of what as been earned so far. So if he takes the last couple the officer will be able to see what happened in the last months.

[shadow42 0]

Just to follow on from the IRS return answer given above.

My Fiancee has not filed tax returns for the last three years as she had no real income. (That being the reason her brother is our co-sponsor)

I realise she has to fill in a I-134 herself as well as the co-sponsor, however how does she she the other information listed e.g.

Tax returns

Bank info etc.

Or due to the fact that she is not the monetary sponsor is ONLY her signature on the I-134 needed ??

[dearheart 0]

I am doing a K3 application and I am in a similar situation. I am living with my Canadian husband in Canada and I have been for the last 12 years. I too have not filed with the US due to not earning enough to need to file.

Our I129F has just been approved today so I am wanting to prepare for the next step. It is my understanding that since I have not needed to file due to my lack of income i can submit a letter of explanation along with the I-134. My parents, who live in the US, are planning to joint sponsor.

my questions

1. Do I understand correctly about submitting a letter of explanation.

2. When we are ready to send packet 3, I am guessing that my parents will need to fill out thier I-134, get it notarized and then send it to me (living in Canada) and then I send both of the I-134s together in my packet 3.

Thanks so much.

[shadow42 0]

Sorry that I can't give you a definate answer however from what I am aware;

You sign a I-134 being the primary sponsor even though you are not able to fulfil the income requirements and fill out a letter stating that you are filing with a co-sponsor in order to do this.

Your parents then fill out an I -134 and sign it and get it notarised together with either;

3 recent tax returns that were filed stating their income

Or if using a bank asset basis, goto the bank and have the bank representative fill in a form stating when the bank was opened, amount deposited in the last year and the balance held.

Thats about it I think and yes you send all the information for both yourself and your parents together in the pack 3.

Good Luck

Edited August 14, 2007 by shadow42

[Yodrak 7]

dearheart,

You may not need to submit a financial sponsorship package if your parents are going to be the ones to sponsor your husband for his visa. It would be prudent for you to have one ready should it be asked for, but it may not be asked for.

Only 1 way to find out - have your husband submit the package from your parents, perhaps covered by a note stating that they are being put forward as the sponsors because you have been living in Canada for the past 12 years and so do not have any US-based income.

If they ask for your financial information anyway, he can pull it out of his back pocket and hand it over. If not asked for, he keeps it. Either way, you've learned something.

Let us know what happens, if your information is asked for or not.

Yodrak

I am doing a K3 application and I am in a similar situation. I am living with my Canadian husband in Canada and I have been for the last 12 years. I too have not filed with the US due to not earning enough to need to file.

Our I129F has just been approved today so I am wanting to prepare for the next step. It is my understanding that since I have not needed to file due to my lack of income i can submit a letter of explanation along with the I-134. My parents, who live in the US, are planning to joint sponsor.

my questions

1. Do I understand correctly about submitting a letter of explanation.

2. When we are ready to send packet 3, I am guessing that my parents will need to fill out thier I-134, get it notarized and then send it to me (living in Canada) and then I send both of the I-134s together in my packet 3.

Thanks so much.