Affidavit of Support for K-1 in Russia

[LnS 1]

Right now I'm just gathering as much info as I can in case my girlfriend and I decide to try for a K-1 in the future. My question is regarding the requirements for the Affidavit of Support for the Russian consulate.

My situation is this: I'm working for my dad's company but file as self-employed. In 2009 I made about 23,000, in 2010 I didn't make enough to file (I was in school) and 2011 I made about 23,000. What does the Russian consulate require? Do they require 3 years worth of tax returns? If they require only tax returns, what is to stop someone from not just filling out a tax return and not actually filing it? I would never do such a thing but I'm just curious if tax returns are convincing enough? Is the Russian consulate strict with regard to Affidavit of Support? Maybe they're more strict for a young man (I'm 28)?

Also, I was reading the instructions of the I-134 and it said something about if self-employed must provide Commercial Rating Report. What would one do about this?

[ONA 133]

Financial documents from the petitioner – a US citizen: please note, that Affidavit of Support (form I-134) is not required, but may be requested. Please submit financial documents to show that the applicant will not become a public charge in the United States. Such documents may include, but are not limited to:

Most recent year tax returns (form 1040) or tax transcripts from IRS

Copy of bank account

Earnings and leave statement

W-2 forms

Letter from employer

http://moscow.usembassy.gov/fiancee.html

It's better to submit I-134, they actually seem to always ask for it.

Income requirements are the same as for any other country (I believe, you can look it up on USCIS web site).

What I really would be worried about is providing for your fiancee after she gets to the USA and about having enough money to file for AOS. My husband makes way above poverty line - we're not struggling, but we're unable to do everything we want - at least before I get a job (be prepared to provide for your fiancee until she gets her GC or at least EAD).

[B*J 1]

If your father is self employed, unless you are registered as an owner in the company you file your taxes as if you work for him (and he probably claimed you as a dependent the year you did not make enough, may want to ask him).

With that said, I agree with the above poster; the I-134 is the way you want to go. According to DHHS you are above the poverty line, so technically you should not need any supporting documents as long as you don't have any dependants (see below DHHS Poverty line requirements, does not include Alaska and Hawaii which are higher)

United States Department of Health and Human Services (HHS) figures for poverty in 2011[4]

Persons in

Family Unit 48 Contiguous States and D.C.

1 $10,890

2 $14,710

3 $18,530

4 $22,350

I think the only hitch would be that you cannot provide tax returns for three years. Although you are not required I would suggest seeing if your family would help you meet any assistance requirements and file a joint affidavit of support using I-864A. I think this would avoid any questions and/or delays that could be caused

[LnS 1]

I think the only hitch would be that you cannot provide tax returns for three years.

So I read correctly that 3 years are indeed required?

Although you are not required I would suggest seeing if your family would help you meet any assistance requirements and file a joint affidavit of support using I-864A. I think this would avoid any questions and/or delays that could be caused

If i understand correctly, I have the choice to use either form (I-134 or I-864A)? I didn't know I could choice either/or. Do I understand you correctly?

[KayDeeCee 4,893]

So I read correctly that 3 years are indeed required?

If i understand correctly, I have the choice to use either form (I-134 or I-864A)? I didn't know I could choice either/or. Do I understand you correctly?

The amount needed is 125% of the poverty level or higher. Here is the link to the guidelines used: http://www.uscis.gov/files/form/i-864p.pdf

If you do not have the 3 years worth of tax transcripts, you can write a statement explaining why you did not legally have to file in a certain year. It helps to state how much you made to prove you did not earn enough to file.

You will fill out the I-134, and if you have a co-sponsor, they will also fill out their own I-134.

The I-864A is used in conjunction with the I-864 to combine incomes of relatives living in the same household. It is not typically used for the K-1 visa, but can be used later when the immigrant files for AOS after they are in the US and married.

[B*J 1]

So I read correctly that 3 years are indeed required?

If i understand correctly, I have the choice to use either form (I-134 or I-864A)? I didn't know I could choice either/or. Do I understand you correctly?

Hi Lennard,

I think the name of the game is provide evidence beyond a reasonable doubt, I supplied 3 years when my wife was migrating here from Russia (thought I've read that only 2 is needed), but when she went through the embassy, they only looked at the first years. This may have been due to the amount of my income, or other supporting evidence however.

Regarding the I-134 or I-864A, the other reply above mine was correct, the I-864A will be used at a later date but the principle is the same for the I-134; having family vouch for you financially could help the consular/immigration office to believe there is less of a chance the beneficiary will become a burden on the taxpayers of the US.

Feel free to message me separate if you ever have other questions; the process can be tough to wade through but as long as you cross your T's and dot your i's, you should be all set!

[SMR 368]

I only had one year of tax returns as I was volunteering overseas (in Russia) before that and didn't make anything. My understanding is that you only need one. Further, if you have an explanation as to why you were not obligated to file last year, you don't even need one. Also, the income requirements only apply to present income. While you will definitely get more scrutiny and should have some good documents if it is the case, you would technically meet the requirement if you had only started your job yesterday and had no income before that, provided you were making more than 125% of the poverty limit. Of course, if you're making assumptions about overtime, bonuses, or the hours you're going to get in order to get the 125% figure, you would probably have a hard time. And having at least a couple pay stubs would help.

So, in summary, the important thing is that you have the income at present (or the requisite assets to cover income equivalents). Everything else, you give them what you have as well as an explanation as to why you don't have more if it seems lacking. But it isn't technically required if it doesn't exist.

[ONA 133]

I posted the link to the embassy website in this thread already.

I'm going to post it again:

Fiancee Visa. Moscow

It's clearly stated there that you need the most recent year tax returns, so yes, the one-year tax return will work.

Edited January 4, 2012 by ONA

[baron555 934]

So I read correctly that 3 years are indeed required?

No, it is suggested. Proof of current income above the poverty level is key.

If i understand correctly, I have the choice to use either form (I-134 or I-864A)? I didn't know I could choice either/or. Do I understand you correctly?

134 is for the interview and 864 is for AOS for the Green Card, you don't have a choice.

[LnS 1]

Thanks everyone for the replies. I feel a bit better now.

I appreciate the link ONA, I'll read through that now.

[Gary and Alla 3,694]

I posted the link to the embassy website in this thread already.

I'm going to post it again:

Fiancee Visa. Moscow

It's clearly stated there that you need the most recent year tax returns, so yes, the one-year tax return will work.

THANK YOU ONA!

When in doubt, LOOK up the answer, do NOT make up the answer.

ONE YEARS tax return is needed for the I-134. You do not use the I-864 for the visa. The amount required is CURRENT GROSS earnings exceeding 125% of the poverty guidelines.

You make enough, you are fine. You submit the I-134 with income verification at the time of the interview not when filing the petition.

Good luck

Edited January 5, 2012 by Gary and Alla

[LnS 1]

THANK YOU ONA!

When in doubt, LOOK up the answer, do NOT make up the answer.

ONE YEARS tax return is needed for the I-134. You do not use the I-864 for the visa. The amount required is CURRENT GROSS earnings exceeding 125% of the poverty guidelines.

You make enough, you are fine. You submit the I-134 with income verification at the time of the interview not when filing the petition.

Good luck

Thanks Gary and Alla. I could have looked for myself if I searched a little harder but I know that some consulates require different things than what is "officially" required. As far as I understand even the I-134 isn't "officially" required but some consulates ask for it. I figured it would be better to come here and ask people who had personal experience.

[LnS 1]

United States Department of Health and Human Services (HHS) figures for poverty in 2011[4]

Persons in

Family Unit 48 Contiguous States and D.C.

1 $10,890

2 $14,710

3 $18,530

4 $22,350

Just for the sake of curiosity, I have a question about this for you or anyone who might know: When they are considering the income, what family unit are they looking at, assuming a person has no dependents? Do they want me to make only enough for 1 person or 2? I would think that 2 makes more sense since I would be supporting myself and her, but am I correct in this assumption?

[Gary and Alla 3,694]

Thanks Gary and Alla. I could have looked for myself if I searched a little harder but I know that some consulates require different things than what is "officially" required. As far as I understand even the I-134 isn't "officially" required but some consulates ask for it. I figured it would be better to come here and ask people who had personal experience.

I was not referring to you, Lennard, butto theother inaccurate answers you were receiving.

Yes, the I-134 is optional. It is a convenience form. You can write your own affidavit of support and the I-134 itself is basically a summary or cover letter for the evidence you attach and nothing else. It is not a legal document. The I-864 you sign later IS a legal contract between you and the US government.

The consulate website has a list of required and suggested documents for the affidavit of support that pertain to that consulate. Moscow is straight forward about it.

we are glad to give you the benefit of our experience.

[Gary and Alla 3,694]

Just for the sake of curiosity, I have a question about this for you or anyone who might know: When they are considering the income, what family unit are they looking at, assuming a person has no dependents? Do they want me to make only enough for 1 person or 2? I would think that 2 makes more sense since I would be supporting myself and her, but am I correct in this assumption?

The numbers given above by BJ are not the correct ones, you can ad 25% to those. Unless you or your fiancee have children, the family size will be TWO, you and her. They use GROSS income.

The income guidelines are increased each March 1 and take effect at the consulates on April 1. The ones now will not be valid when you have your interview, they tend to go up slightly every year.