I-134 Question....

[Obama 2012 1,714]

This is taken directly off of the Department of State website:

http://travel.state.gov/visa/immigrants/ty...994.html#Income

""""""Should K-1 fiancé(e) visa applicants use the I-864 or the I-134?

Since fiancé(e)s are nonimmigrant visa applicants, they should use the I-134. They will need to submit an I-864 to U.S. Citizenship and Immigration Services (USCIS) when they adjust status to conditional immigrant in the United States after they are married.

Do the same income requirements apply to all immigrant visa applicants even if they use the I-134?

No. The 125 percent minimum income requirement, the most recent year's tax return and other requirements only apply when an I-864 is needed. Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines as required under Section 212(a)(4) of the INA. """"""

So basically all I will need to do is provide proof from my employer on income, etc?

Is my understanding here correct?

All that will matter is being able to show proof that I make the requirements (and beyond)?

We've got a ways to go before this, but getting started planning now

Thanks!

[TracyTN 237]

Moving to correct forum.

[Otto 83]

""""""Should K-1 fiancé(e) visa applicants use the I-864 or the I-134?

I-134 .

Do the same income requirements apply to all immigrant visa applicants even if they use the I-134?

Yes

No. The 125 percent minimum income requirement, the most recent year's tax return and other requirements only apply when an I-864 is needed. Applicants using the I-134 will need to show that their sponsor's income is 100 percent of federal poverty guidelines as required under Section 212(a)(4) of the INA. """"""

So basically all I will need to do is provide proof from my employer on income, etc?

You will need to list your current income and provide supporting evidence to back it up (such as recent pay stubs) - you'll also need to supply (at least) your most recent year's tax return(s) and supporting evidence (such as w-2's, 1099's etc).

Is my understanding here correct?

All that will matter is being able to show proof that I make the requirements (and beyond)?

We've got a ways to go before this, but getting started planning now

Thanks!

[Obama 2012 1,714]

See - what I quoted there was from the Department of State...

So their info is incorrect?

I'm a bit confused

[Bobby+Umit 161]

See - what I quoted there was from the Department of State...

So their info is incorrect?

I'm a bit confused

Your correct in what you wrote - it's in the FAM - however, it seems a lot of embassies (or reports from people going through them) suggest they go for the 125% level (with K-1 submissions).

So it's always best to get 125% of the level (as per the I-864) to avoid any complications...

(also - they may be thinking - since you are going to become an "immigrant" - might as well be at the 125% level when you get the visa - since they have this "out" - "must demonstrate to the consular officer's satisfaction that they will not become a public charge."

[Otto 83]

See - what I quoted there was from the Department of State...

So their info is incorrect?

I'm a bit confused

Pretty much exactly as you see it. Which part(s) is confusing?

[Obama 2012 1,714]

Your correct in what you wrote - it's in the FAM - however, it seems a lot of embassies (or reports from people going through them) suggest they go for the 125% level (with K-1 submissions).

So it's always best to get 125% of the level (as per the I-864) to avoid any complications...

(also - they may be thinking - since you are going to become an "immigrant" - might as well be at the 125% level when you get the visa - since they have this "out" - "must demonstrate to the consular officer's satisfaction that they will not become a public charge."

Gotcha.

The I-134 seems like such an itimidating form.

I'm a simple person without any assets and some of the things on there just make you double-think yourself.

I have the proper income and beyond it, it's just when you see everything else they are asking for as evidence it almost makes you think that you have you have it...

[VanessaTony 3,567]

See - what I quoted there was from the Department of State...

So their info is incorrect?

I'm a bit confused

You should be careful only the follow canadian information as the statement made by Otto & Karen that tax returns are required for the I-134 is NOT TRUE. The I-134 DOES NOT require tax information (unless you're self-employed), HOWEVER your consulate might ask for it (many consulates are different). I know for Australia for example that we did not require a tax return and my (now) husband only sent in what the I-134 asked for which was letters from his banks, and from his employer and he was over the threshold by a fair bit (not a lot, but enough) and we had no RFE's and no trouble what-so-ever.

There are other countries that specifically REQUIRE tax returns but that is in addition to the I-134 as the I-134 itself DOES NOT require tax returns of course unless you're self-employed which I stated previously.

Edited February 22, 2010 by Vanessa&Tony

[Otto 83]

I have the proper income and beyond it, it's just when you see everything else they are asking for as evidence it almost makes you think that you have you have it...

The other things they ask for on the affidavit of support; such as bank accounts, stocks/bonds, other assets etc are optional - you do not need to list anything there if your income alone is sufficient.

[Otto 83]

You should be careful only the follow canadian information as the statement made by Otto & Karen that tax returns are required for the I-134 is NOT TRUE. The I-134 DOES NOT require tax information (unless you're self-employed), HOWEVER your consulate might ask for it (many consulates are different).

There is no harm in including them, if an Embassy/Consulate doesn't want to see the return(s), they will simply disregard them. The reason this is suggested as a best practice IS because some consulates are different.

Doing as little as possible to get by isn't necessarily a 'best practice' even if it did work for some.