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Supporting evidence I-134

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Filed: Citizen (apr) Country: Malaysia
Timeline

In the guides, I read:

You will likely need at a minimum (for the above form) two to three of your most recent pay stubs and a signed letter from your employer listing you job title, start date, your salary, and the status (full-time) of your position. Begin collecting these ASAP after your NOA2 arrives. You will also probably want to include other evidence such as your banking information and other assets as required by the I-134. Specifically you will need at least 2 of the 4 options mentioned in Section II-Supporting Evidence of the I-134.

I have noticed that standard practice is to include the past 3 years tax returns as well even though it is not asked for in supporting evidence of I-134 (which I assume is for K1).

My fiance is currently filing his income tax returns but has only done it for 2008. He thinks he did not earn enough to merit filing taxes for 2007 and 2006 but at his current income, based on 2009 Poverty Guidelines for the 48 Contiguous States guidelines over 125%, he is well above being able to support the two of us.

My question is, will the 2008 tax return suffice insofar as tax returns are needed in this case? We will also include 3 months recent pay stubs when the time comes and a letter from his employer but my basic question is if one year tax return is enough as whats important is he can support us -now- and tax returns aren't even asked for in the I-134 instructions. I was hoping he could write something stating he was not making enough for 2007 and 2006 to warrant tax return filing.

We don't have deposits in the bank or any assets but the bank statement can show the amount he is paid monthly. Not sure exactly what they want by deposits. Do we need to include bank information as well since he earns enough?

So will 2008 tax return, pay stubs and employer letter be enough?

N-400 Stuff:
07/02/16 : N-400 sent

07/11/16 : NOA1

07/28/16 : Biometrics

04/03/17: Interview (approved)

04/14/17: Judicial oath ceremony

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Filed: Other Country: China
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In the guides, I read:

You will likely need at a minimum (for the above form) two to three of your most recent pay stubs and a signed letter from your employer listing you job title, start date, your salary, and the status (full-time) of your position. Begin collecting these ASAP after your NOA2 arrives. You will also probably want to include other evidence such as your banking information and other assets as required by the I-134. Specifically you will need at least 2 of the 4 options mentioned in Section II-Supporting Evidence of the I-134.

I have noticed that standard practice is to include the past 3 years tax returns as well even though it is not asked for in supporting evidence of I-134 (which I assume is for K1).

My fiance is currently filing his income tax returns but has only done it for 2008. He thinks he did not earn enough to merit filing taxes for 2007 and 2006 but at his current income, based on 2009 Poverty Guidelines for the 48 Contiguous States guidelines over 125%, he is well above being able to support the two of us.

My question is, will the 2008 tax return suffice insofar as tax returns are needed in this case? We will also include 3 months recent pay stubs when the time comes and a letter from his employer but my basic question is if one year tax return is enough as whats important is he can support us -now- and tax returns aren't even asked for in the I-134 instructions. I was hoping he could write something stating he was not making enough for 2007 and 2006 to warrant tax return filing.

We don't have deposits in the bank or any assets but the bank statement can show the amount he is paid monthly. Not sure exactly what they want by deposits. Do we need to include bank information as well since he earns enough?

So will 2008 tax return, pay stubs and employer letter be enough?

Probably enough but be prepared to explain why the income in prior years was low. This will all need to be covered when you adjust status anyway. See the I-864 he'll be filling out for that.

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The reason a lot of people send in 3 is because the I-864 instructions say you can add more, if you feel it will help your case.

Your evidence meets the instructions for the I-134 - so you should be good to go. If the embassy wants more, they will say ask for it. (The I-134 only needs the tax returns/letter from the boss btw)

(if they request the other tax returns - he will need to write a letter explaining on why he didn't file for those years)

Make sure you include the corresponding W-3/1099 as applicable for the 2008 return (you need the supporting evidence for the tax return)

If you provide a tax transcript, it has all that info - contact the IRS and they can fax it to you.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: Citizen (apr) Country: Malaysia
Timeline

Thanks for the quick reply.

I have emailed my embassy asking specifically on their practice.

So he will need the 2008 tax return, the 1099(W3), and his W2 form to support the tax return.

Sorry for sounding like an idiot (don't know anything about taxes) but is there a minimum time to wait after filing returns before he can get his transcript from the IRS or can it be done immediately after filing?

N-400 Stuff:
07/02/16 : N-400 sent

07/11/16 : NOA1

07/28/16 : Biometrics

04/03/17: Interview (approved)

04/14/17: Judicial oath ceremony

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Filed: AOS (apr) Country: Philippines
Timeline

moving to:

US Embassy and Consulate General Discussion

You are almost there and now you have to deal with the embassy. This is the place to post your experiences or questions related to this last step before moving to the US. Topics relating to I-134's, packets sent from consulate and medical & police certificates should be posted here

YMMV

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The reason a lot of people send in 3 is because the I-864 instructions say you can add more, if you feel it will help your case.

Your evidence meets the instructions for the I-134 - so you should be good to go. If the embassy wants more, they will say ask for it. (The I-134 only needs the tax returns/letter from the boss btw)

(if they request the other tax returns - he will need to write a letter explaining on why he didn't file for those years)

Make sure you include the corresponding W-3/1099 as applicable for the 2008 return (you need the supporting evidence for the tax return)

If you provide a tax transcript, it has all that info - contact the IRS and they can fax it to you.

what is W-3/1099 sorry but i dont know nothing about taxes too!!

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Filed: Citizen (apr) Country: Malaysia
Timeline

As an update, the reply from Malaysian embassy was:

HI,

Minimum supporting documents can be like latest tax return, current pay slip or latest employment letter.

Regards,

Consular Section

Immigrant Visa Unit

American Embassy

Kuala Lumpur, Malaysia

For those of you applying from Malaysia later on.

I asked my fiance and he said 1099 is a form for additional income from things other than your regular job.

N-400 Stuff:
07/02/16 : N-400 sent

07/11/16 : NOA1

07/28/16 : Biometrics

04/03/17: Interview (approved)

04/14/17: Judicial oath ceremony

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Filed: Citizen (apr) Country: Malaysia
Timeline

Apologies for the doublepost but this is Leo posting.

To clarify on the tax returns, here's the situation. My current job has me well over the 125% poverty line but unfortunately, I didn't have said job for the tax returns I filed this year. This was also the first year I've filed taxes so my paper trail in terms of that is quite limited. We're aware we'll need a co-sponsor for the AOS, there's just no way around that, but for the K1 a written statement from my current employer and a few pay stubs should suffice, despite the limited and misleading tax return paperwork?

Thanks in advance for your help.

N-400 Stuff:
07/02/16 : N-400 sent

07/11/16 : NOA1

07/28/16 : Biometrics

04/03/17: Interview (approved)

04/14/17: Judicial oath ceremony

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Share on other sites

Filed: Citizen (apr) Country: Ukraine
Timeline
In the guides, I read:

You will likely need at a minimum (for the above form) two to three of your most recent pay stubs and a signed letter from your employer listing you job title, start date, your salary, and the status (full-time) of your position. Begin collecting these ASAP after your NOA2 arrives. You will also probably want to include other evidence such as your banking information and other assets as required by the I-134. Specifically you will need at least 2 of the 4 options mentioned in Section II-Supporting Evidence of the I-134.

I have noticed that standard practice is to include the past 3 years tax returns as well even though it is not asked for in supporting evidence of I-134 (which I assume is for K1).

My fiance is currently filing his income tax returns but has only done it for 2008. He thinks he did not earn enough to merit filing taxes for 2007 and 2006 but at his current income, based on 2009 Poverty Guidelines for the 48 Contiguous States guidelines over 125%, he is well above being able to support the two of us.

My question is, will the 2008 tax return suffice insofar as tax returns are needed in this case? We will also include 3 months recent pay stubs when the time comes and a letter from his employer but my basic question is if one year tax return is enough as whats important is he can support us -now- and tax returns aren't even asked for in the I-134 instructions. I was hoping he could write something stating he was not making enough for 2007 and 2006 to warrant tax return filing.

We don't have deposits in the bank or any assets but the bank statement can show the amount he is paid monthly. Not sure exactly what they want by deposits. Do we need to include bank information as well since he earns enough?

So will 2008 tax return, pay stubs and employer letter be enough?

Generally, for the I-134, only 1 years tax return is required. As others point out, he will have to explain the lack of income for the other 2 years with the I-864.

In your case a bank letter would not be a bad idea, yes it shows, or confirms income with regular deposits.

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