I-134; Cosponsor; income

[Nibake 4]

I just got a copy of the materiails that my brother has gotten together for his I-134. I know it is not technically a cosponsor, but he has filled out his own form for my fiancee.

Some questions:

Do we need to establish that he is interested in actually supporting my fiancee or not? Is the fact that he is family enough? In reality, I will be making all of the contributions, but I can't be the only sponsor because I have $0 income for the last 2 years (part time student/part time missions work).

The employer letter says "...John Doe was employed full time...as a...on May 26, 2009 and has an annual base salary of $**k. It doesn't actually say that the position is permament, as the I-134 instructions indicate. Is that important?

Is the last tax return still necessary? Is it necessary to have pay stubs and/or copies of bank statements showing deposits?

The bank letter only includes the 12-month average and the current balance, but not the total amount deposited for the last year. Will that be a problem?

Sorry about all the questions, I just know that my fiancee's and my futures hang in the balance on this one issue, since every thing else in relation to the visa seems to be in line.

[JimVaPhuong 4,863]

Why would you think he's "not technically a co-sponsor"? If he is submitting an affidavit of support for your fiance, then he absolutely is a co-sponsor.

I hope you're aware that YOU also have to submit an affidavit of support, in spite of the fact that you have zero income, right? You can't reassign the responsibility of primary sponsor to someone else. The petitioner is always the primary sponsor.

Forget the I-134 instructions. Follow the consulate's instructions. What you must submit with an I-134 is whatever the consulate tells you that you must submit. If the consulate says you must submit the most recent year's tax return (most do), then you have to submit the most recent year's tax return. If they tell you that you must submit 3 years tax returns, then that's what you have to submit. If they say they want a letter of employment, then you have to submit that as well. If you don't give them what they want, they'll reject your affidavit. This is usually explained pretty clearly in the packet 4 instructions.

If your tax return gives a false impression of your income (only worked part of the year, or had a bad year) then you can submit further evidence not specifically requested (bank statements, pay stubs, whatever). This is generally only useful if your current income is actually higher than your tax returns would seem to indicate. If the optional evidence only reaffirms what the tax returns say, then there's not much point in submitting it. Note that when I say "your" I am referring to the person filling out the I-134, so this would apply to both you and your brother.

I presume you didn't file a tax return for the previous two years, since your income was zero. You should include a statement explaining why you weren't required to file a return. It would be wise to use that opportunity to explain why you believe your income will improve substantially in the foreseeable future, if it hasn't already.

Some consulates won't accept a co-sponsor with a K visa application. Some have specific requirements for a co-sponsor. For example, some prefer that the co-sponsor is a close relative of either the petitioner or the beneficiary. This increases the likelihood that the co-sponsor will step up to the plate and sign an I-864 when it comes time to apply for AOS.

[Nibake 4]

I say that he's not a cosponsor in the sense that he is a separate I-134, that is, we don't share one. I am filling out my own as well. But since I haven't got any packet yet, I don't know what exactly the embassy will ask for, unless someone who has recently filed in Lima could tell me from their experience...

I will prepare a letter about the lack of tax returns. I can do any one of a number of jobs, it's just that i've chosen not too because i wanted to do what i've been doing here in Peru.

[Susita 175]

I just got a copy of the materiails that my brother has gotten together for his I-134. I know it is not technically a cosponsor, but he has filled out his own form for my fiancee.

Some questions:

Do we need to establish that he is interested in actually supporting my fiancee or not? Is the fact that he is family enough? In reality, I will be making all of the contributions, but I can't be the only sponsor because I have $0 income for the last 2 years (part time student/part time missions work).

The employer letter says "...John Doe was employed full time...as a...on May 26, 2009 and has an annual base salary of $**k. It doesn't actually say that the position is permament, as the I-134 instructions indicate. Is that important?

Is the last tax return still necessary? Is it necessary to have pay stubs and/or copies of bank statements showing deposits?

The bank letter only includes the 12-month average and the current balance, but not the total amount deposited for the last year. Will that be a problem?

Sorry about all the questions, I just know that my fiancee's and my futures hang in the balance on this one issue, since every thing else in relation to the visa seems to be in line.

First of all, congratulations on your engagement

I went through this process in 2008 through the Lima embassy with my husband. I did not have a co-sponsor but I was in the same situation as you, prior year's income wasn't enough since I was studying and working only 30 hours/week. I upped my hours after I finished school. What I provided to the consulate was the following:

- 8 weeks worth of pay stubs

- a letter from my employer (mine also didn't say I was permanent but it did say my start date, annual salary and position title).

- bank statements and a letter from my bank stating the amount of deposits for the last year (I had to call my bank's customer service and request this specially. They gave me a hard time until I told them it was for immigration and then they said OK. It took about a week for them to do this).

- I brought my last 3 years tax returns with my W-2s. I couldn't find some of them so I had to re-request them. That took about 2 weeks.

If you need anything else let me know.

Good luck!!! :)

[Nibake 4]

Did the CO make any comments or ask many questions about the "public charge" issue? I am just trying to get a handle on what the opinion is here at the embassy. My fiancee and I are both young, determined, and capable of making our way very well in life, but I simply don't have any income which would enable me to be a sole sponsor.

[charity masters 0]

Did the CO make any comments or ask many questions about the "public charge" issue? I am just trying to get a handle on what the opinion is here at the embassy. My fiancee and I are both young, determined, and capable of making our way very well in life, but I simply don't have any income which would enable me to be a sole sponsor.

if it makes you feel any better, me and my partner are in the same situation as you, in pretty much every sense. we are independent free people, who live a happy healthy life....but when it comes to taxes, etc... geez.

i wish all the best for you and yours!

[Nibake 4]

if it makes you feel any better, me and my partner are in the same situation as you, in pretty much every sense. we are independent free people, who live a happy healthy life....but when it comes to taxes, etc... geez.

i wish all the best for you and yours!

It's always good to know I'm not in this boat alone!