Help please! (Affidavit of Support)

[Aaralyn 0]

Could anyone point me to an "official" site that lists tax transcripts as required supporting evidence for the I-134? And/or that the fiance needs to take the documents to the interview?

My mother has agreed to co-sponsor my fiance since I meet the poverty guidelines, but fall a bit short of 125%. I'd much rather use a co-sponsor to be safe.

Anyway, my father 'called immigration' (not sure exactly who he called) and they told him that nothing should be sent to Canada (he asked about sending to Canada, not to my fiance for the interview) and that instead it should be sent to the office where we filed to petition. He mentioned tax transcripts and was basically told that he needed to only send the form, no supporting evidence. Nothing else. And again, only to the VSC.

I have sent my parents a copy of his checklist along with links to some guides here, but since they haven't seen anything that specifically mentions tax transcripts, they're refusing to send them. They said they don't want to send their personal information like that, etc etc. While I can understand where they are coming from, I need to make them understand that Alf needs the documents to take with him to the interview.

please??

Edited February 3, 2008 by Aaralyn

[Jesse and Hema 2]

Tax transcripts aren't required, just highly recommended. Check out the directions for the I-864, which is the affidavit they will need to complete when your fiancée applies for Adjustment of Status.

The USCIS folks they called are probably the "idiot operators" that have given lots of VJ'ers false or misleading information. In this case, I'm guessing they just read a line in some scripted response saying that all information from the US citizen is sent with the petition to the appropriate service center.

Get them the contact information for the embassy, and tell them to ask what the embassy needs to see for the petition. That's "straight from the horse's mouth."

[YuAndDan 153]

Not an absolute requirement but the consulates tend to treat I-134, like I-864 and recomend same financial evidence.

Example:

http://guangzhou.usembassy-china.org.cn/up...w/3._OF-167.pdf (Read affidavit of support section)

http://london.usembassy.gov/cons_new/visa/iv/faffidavit.html (Read Affidavit of support section, (notarized copies of his or her latest federal income tax return, a statement from his or her employer showing salary and the length and permanency of employment)

http://manila.usembassy.gov/wwwfivk1.pdf (k. EVIDENCE OF SUPPORT)

http://tokyo.usembassy.gov/e/visa/tvisa-niv-kaffidavit.html (Copies of his or her latest federal income tax return, Statement from his/her employer showing salary and the length and permanency of employment)

The list can go on and on.

One thing about I-134, the directions included with I-134 are very old, USCIS has no reason to update them since USCIS has no application for that form.

The consulates tend to treat the I-134 like a mini-I-864 as so prefer the same financial evidence as the I-864.

In our case this what the I-134 included.

• I-134 signed and notarized.

• SIMPLE Tax transcripts from the IRS for past 3 years, (Redundant for the (1040,W2,1099) but are free from the IRS http://www.irs.gov/faqs/faq1-6.html

• Photo copy of IRS form 1040, and W2s for past 3 years (Not necessary if you provide the transcripts)

• Letter from my employer stating annual salary, job responsibility, and that is full time, on company letterhead.

• Photo copies of past month or so of pay stubs up to a few weeks before the interview.

My income was well above the povertyline so I did not include any asset data (LIKE BANK STATEMENTS or property values).

If your income exceeds 125% of the povertyline when counting yourself, prospective immigrant and any dependents, then don't bother with assets (401K, Bank balance, Stocks etc..), it is just extra un-needed data to provide, the consular officer is most concerned with INCOME.

[Aaralyn 0]

Thank you so much for the quick responses.

I read on a couple of those links that the sponsor/co-sponsor can mail the forms directly in some cases, so I'm going to email Vancouver and see if that is possible for us. I don't think the parents will have a problem sending any or all of the information if they can send it to the office instead of to Alf.

My mother is the actual co-sponsor, but did I read correctly that my father would have to sign the form as well?

Thanks!!!

[Minya's wife 24]

Why would that very personal tax information be more safe in the hands of complete strangers (even if it is employees of a US consulate abroad) than in the hands of your future son-in-law? Sending it directly to the consulate, you run the risk of the papers getting misplaced, landing in the wrong file, etc. (the what-ifs are scary). I would feel better knowing I'm sending it to someone who's going to be part of my family.

-P

[davidm1982 0]

Hiya folks,

I just had a look at the link to the London embassy above, and it mentions that if the co-sponsor is married then they should sign it jointly with their spouse. It is not hugely important for our case, but have I interpreted this correctly? The I-134 form does not seem to include room for joint signatories.

[rebeccajo 14]

Hiya folks,

I just had a look at the link to the London embassy above, and it mentions that if the co-sponsor is married then they should sign it jointly with their spouse. It is not hugely important for our case, but have I interpreted this correctly? The I-134 form does not seem to include room for joint signatories.

The link YuAndDan gave was for the I864, used in immigrant visas, and not the I134 used in K1 (a non-immigrant visa).

[rebeccajo 14]

Thank you so much for the quick responses.

I read on a couple of those links that the sponsor/co-sponsor can mail the forms directly in some cases, so I'm going to email Vancouver and see if that is possible for us. I don't think the parents will have a problem sending any or all of the information if they can send it to the office instead of to Alf.

My mother is the actual co-sponsor, but did I read correctly that my father would have to sign the form as well?

Thanks!!!

Your parents cannot find any source anywhere saying tax returns are 'mandatory' for income verification on the I134 because they aren't.

The 1040 is only one of several ways to verify income. Some consulates require it; some do not.

Research information for your consulate to learn what will pertain to your case.

[pushbrk 12,569]

Thank you so much for the quick responses.

I read on a couple of those links that the sponsor/co-sponsor can mail the forms directly in some cases, so I'm going to email Vancouver and see if that is possible for us. I don't think the parents will have a problem sending any or all of the information if they can send it to the office instead of to Alf.

My mother is the actual co-sponsor, but did I read correctly that my father would have to sign the form as well?

Thanks!!!

Your parents cannot find any source anywhere saying tax returns are 'mandatory' for income verification on the I134 because they aren't.

The 1040 is only one of several ways to verify income. Some consulates require it; some do not.

Research information for your consulate to learn what will pertain to your case.

The "source" is the I-134 form instructions but they indicates tax returns are required from self employed individuals. If not self employed, you'll want a Consulate specific answer.

[Aaralyn 0]

Why would that very personal tax information be more safe in the hands of complete strangers (even if it is employees of a US consulate abroad) than in the hands of your future son-in-law? Sending it directly to the consulate, you run the risk of the papers getting misplaced, landing in the wrong file, etc. (the what-ifs are scary). I would feel better knowing I'm sending it to someone who's going to be part of my family.

-P

I agree 100%, but for whatever reason, they don't see it that way. They have these visions of someone breaking into his apartment and going straight for a folder filled with paperwork (?? ) or something.

Thank you for all your responses. I have emailed the consulate, so hopefully they can give me some answers for our case.

[mamajo 1]

Not an absolute requirement but the consulates tend to treat I-134, like I-864 and recomend same financial evidence.

Example:

http://guangzhou.usembassy-china.org.cn/up...w/3._OF-167.pdf (Read affidavit of support section)

http://london.usembassy.gov/cons_new/visa/iv/faffidavit.html (Read Affidavit of support section, (notarized copies of his or her latest federal income tax return, a statement from his or her employer showing salary and the length and permanency of employment)

http://manila.usembassy.gov/wwwfivk1.pdf (k. EVIDENCE OF SUPPORT)

http://tokyo.usembassy.gov/e/visa/tvisa-niv-kaffidavit.html (Copies of his or her latest federal income tax return, Statement from his/her employer showing salary and the length and permanency of employment)

The list can go on and on.

One thing about I-134, the directions included with I-134 are very old, USCIS has no reason to update them since USCIS has no application for that form.

The consulates tend to treat the I-134 like a mini-I-864 as so prefer the same financial evidence as the I-864.

In our case this what the I-134 included.

• I-134 signed and notarized.

• SIMPLE Tax transcripts from the IRS for past 3 years, (Redundant for the (1040,W2,1099) but are free from the IRS http://www.irs.gov/faqs/faq1-6.html

• Photo copy of IRS form 1040, and W2s for past 3 years (Not necessary if you provide the transcripts)

• Letter from my employer stating annual salary, job responsibility, and that is full time, on company letterhead.

• Photo copies of past month or so of pay stubs up to a few weeks before the interview.

My income was well above the povertyline so I did not include any asset data (LIKE BANK STATEMENTS or property values).

If your income exceeds 125% of the povertyline when counting yourself, prospective immigrant and any dependents, then don't bother with assets (401K, Bank balance, Stocks etc..), it is just extra un-needed data to provide, the consular officer is most concerned with INCOME.

Hi YuAndDan,

Thank you for this piece of info. Now I sort of understand what I need to provide. I'will start gathering information for my fiance's interview. Just for clarification re the IRS tax forms, I use H&R Block for my tax filing...are those electronic forms acceptable or do I have to order it from the IRS to make it official? Should I also include the last 3 W-2? And, do I really need a Tax Transcript? Your advice is greatly appreciated?

La_Giovanni

[YuAndDan 153]

Hiya folks,

I just had a look at the link to the London embassy above, and it mentions that if the co-sponsor is married then they should sign it jointly with their spouse. It is not hugely important for our case, but have I interpreted this correctly? The I-134 form does not seem to include room for joint signatories.

The link YuAndDan gave was for the I864, used in immigrant visas, and not the I134 used in K1 (a non-immigrant visa).

The London link clearly says "An applicant for a fiancé(e), Kii or V visa may generally satisfy the requirement of the law by the presentation of documentary evidence establishing that:" on that page, This is I-134 for K-Visas.

[YuAndDan 153]

Hi YuAndDan,

Thank you for this piece of info. Now I sort of understand what I need to provide. I'will start gathering information for my fiance's interview. Just for clarification re the IRS tax forms, I use H&R Block for my tax filing...are those electronic forms acceptable or do I have to order it from the IRS to make it official? Should I also include the last 3 W-2? And, do I really need a Tax Transcript? Your advice is greatly appreciated?

La_Giovanni

Call IRS and request simple transcripts, they are free.

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

[bakofoil 27]

Not an absolute requirement but the consulates tend to treat I-134, like I-864 and recomend same financial evidence.

Example:

http://guangzhou.usembassy-china.org.cn/up...w/3._OF-167.pdf (Read affidavit of support section)

http://london.usembassy.gov/cons_new/visa/iv/faffidavit.html (Read Affidavit of support section, (notarized copies of his or her latest federal income tax return, a statement from his or her employer showing salary and the length and permanency of employment)

http://manila.usembassy.gov/wwwfivk1.pdf (k. EVIDENCE OF SUPPORT)

http://tokyo.usembassy.gov/e/visa/tvisa-niv-kaffidavit.html (Copies of his or her latest federal income tax return, Statement from his/her employer showing salary and the length and permanency of employment)

The list can go on and on.

One thing about I-134, the directions included with I-134 are very old, USCIS has no reason to update them since USCIS has no application for that form.

The consulates tend to treat the I-134 like a mini-I-864 as so prefer the same financial evidence as the I-864.

In our case this what the I-134 included.

• I-134 signed and notarized.

• SIMPLE Tax transcripts from the IRS for past 3 years, (Redundant for the (1040,W2,1099) but are free from the IRS http://www.irs.gov/faqs/faq1-6.html

• Photo copy of IRS form 1040, and W2s for past 3 years (Not necessary if you provide the transcripts)

• Letter from my employer stating annual salary, job responsibility, and that is full time, on company letterhead.

• Photo copies of past month or so of pay stubs up to a few weeks before the interview.

My income was well above the povertyline so I did not include any asset data (LIKE BANK STATEMENTS or property values).

If your income exceeds 125% of the povertyline when counting yourself, prospective immigrant and any dependents, then don't bother with assets (401K, Bank balance, Stocks etc..), it is just extra un-needed data to provide, the consular officer is most concerned with INCOME.

Thanks Yu and Dan. This is a VERY useful post. Just seeking info on this myself. The process can be very confusing.

[mamajo 1]

Hi YuAndDan,

Thank you for this piece of info. Now I sort of understand what I need to provide. I'will start gathering information for my fiance's interview. Just for clarification re the IRS tax forms, I use H&R Block for my tax filing...are those electronic forms acceptable or do I have to order it from the IRS to make it official? Should I also include the last 3 W-2? And, do I really need a Tax Transcript? Your advice is greatly appreciated?

La_Giovanni

Call IRS and request simple transcripts, they are free.

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

Thank you for the advice. I'll get moving on it.