I-134 Tax Returns/Deeds

[Shepard 0]

I am just finishing up the 1-134 form, but have come across some conflicting information.

Several posts on this forum have stated that tax returns are required to be sent with the I-134, but in the official instructions from www.uscis.gov, it states that tax returns are only required if self employed. Neither me, nor my co-sponsor are self employed. My co-sponsor is retired, and I am disabled (SSI.)

So no copies of tax returns are required?

I currently do not file income tax, and haven't for several years as I do not have any taxable income since becoming disabled. So I do not have any tax returns to submit even if required.

Also, I have read posts that say that copies of property deeds are required for the real-estate assets listed in the I-134. Again, I see no mention of this in the official I-134 instructions.

So no copies of property deeds are required?

My co-sponsor has absolutely no problem providing copies of whatever is needed, but if these documents are not required, I see no reason to send them.

Thank you for taking the time to read this thread, any advice is welcomed.

[KayDeeCee 4,893]

When dealing with K-1 visas, the consulates go by the guidelines of the I-864, even when you are using the I-134. Read the I-864 instructions to get a better idea of what is required.

You both should provide your most recent tax transcript, which you can get free from the IRS. In your case, provide a statement as to why you were not legally required to file taxes. Have your co-sponsor provide proof of his current income with a letter from his employer and most recent pay stubs(s). Also, he will need to provide proof of being a US citizen or permanent resident with a copy of his US birth certificate, naturalization, biographical page of US passport or front and back copy of green card.

If he makes enough to meet the 125% income requirement for his own household size plus the foreign fiance(e), then there is no need for him to list assets at all. He can leave that section of the form blank. If you use property as an asset, then you must provide proof of ownership and value. See the I-864 instructions for more details about assets.

[Shepard 0]

When dealing with K-1 visas, the consulates go by the guidelines of the I-864, even when you are using the I-134. Read the I-864 instructions to get a better idea of what is required.

You both should provide your most recent tax transcript, which you can get free from the IRS. In your case, provide a statement as to why you were not legally required to file taxes. Have your co-sponsor provide proof of his current income with a letter from his employer and most recent pay stubs(s). Also, he will need to provide proof of being a US citizen or permanent resident with a copy of his US birth certificate, naturalization, biographical page of US passport or front and back copy of green card.

If he makes enough to meet the 125% income requirement for his own household size plus the foreign fiance(e), then there is no need for him to list assets at all. He can leave that section of the form blank. If you use property as an asset, then you must provide proof of ownership and value. See the I-864 instructions for more details about assets.

Thanks for the reply. So it seems the official I-134 instructions are basically null and void. I am glad I asked about this.

You say I need a statement as to why I do not legally pay taxes, what type of statement? Do I just type, print, and sign my own homemade statement?

My co-sponsor is retired, how does he show proof of income? His pension + about 150k in assets are enough to meet 125%, but his pension alone is probably a little below the guideline.

Thanks

[Shepard 0]

When dealing with K-1 visas, the consulates go by the guidelines of the I-864, even when you are using the I-134. Read the I-864 instructions to get a better idea of what is required.

I can't help but think of the thousands of petitions that would be denied because of this. Nowhere at all does it say on the USCIS website, nor on any of the forms required that you should reference I-864 for required information to use on I-134.

Could you site an official source stating that the I-864 information is required for the I-134?

This just does not seem right to me at all.

Thanks

[LeftCoastLady 441]

The I-134 instructions aren't "null and void," they just aren't the legally binding document. The I-864 document is, however, legally binding, which is why most embassies/consulates have an eye towards those requirements when viewing the I-134 that's submitted at interview. The thinking is if you aren't at 125% when submitting the I-134, what is going to change when you adjust status?

Also, in which country will the beneficiary interview? Some countries don't accept co-sponsors for K-1s or give extra scrutiny. So be sure to read up on the country to learn the specifics so you're prepared.

[Shepard 0]

The I-134 instructions aren't "null and void," they just aren't the legally binding document. The I-864 document is, however, legally binding, which is why most embassies/consulates have an eye towards those requirements when viewing the I-134 that's submitted at interview. The thinking is if you aren't at 125% when submitting the I-134, what is going to change when you adjust status?

Also, in which country will the beneficiary interview? Some countries don't accept co-sponsors for K-1s or give extra scrutiny. So be sure to read up on the country to learn the specifics so you're prepared.

Thanks for the reply!

So it is merely speculation that I-864 supporting documents are required with the I-134 for interview, I see. I will send them along, but I hope for the sake of others they update the I-134 to reflect this. Think of all the people who do not use these type of forums during this process.

The beneficiary will interview in Singapore, and is a citizen of Singapore.

The first person to reply to my thread stated that I need a statement indicating why I do not legally file taxes, what type of document is required for this? Do I simply type one up and sign it? Once again, none of this is covered in the I-134 instructions.

Thanks

[LeftCoastLady 441]

Be sure to read the I-134 instructions. It's not speculation. It will tell you what supporting documents are needed. At the interview stage, only the 125% support requirement is what consular officers are seeking in addition to the paystubs, letter of employment, etc. that most supply.

On the content of the letter to write on why you do not file a tax return, it's probably best to use the advanced search feature on this site in addition to reviewing the IRS.gov site to cite specifics on why you are exempt from filing.

Thanks for the reply!

So it is merely speculation that I-864 supporting documents are required with the I-134 for interview, I see. I will send them along, but I hope for the sake of others they update the I-134 to reflect this. Think of all the people who do not use these type of forums during this process.

The beneficiary will interview in Singapore, and is a citizen of Singapore.

The first person to reply to my thread stated that I need a statement indicating why I do not legally file taxes, what type of document is required for this? Do I simply type one up and sign it? Once again, none of this is covered in the I-134 instructions.

Thanks

[Craazy 0]

With a co sponsor i only had one tax return and w2 of his ..If retired a copy of recent checks if he falls below the poverty line , then you will need bank statements

and etc. from him titles of cars , house etc... To much info is better than not enough. It does vary from country... so look for post and info from that country.

[KayDeeCee 4,893]

Thanks for the reply!

So it is merely speculation that I-864 supporting documents are required with the I-134 for interview, I see. I will send them along, but I hope for the sake of others they update the I-134 to reflect this. Think of all the people who do not use these type of forums during this process.

The beneficiary will interview in Singapore, and is a citizen of Singapore.

The first person to reply to my thread stated that I need a statement indicating why I do not legally file taxes, what type of document is required for this? Do I simply type one up and sign it? Once again, none of this is covered in the I-134 instructions.

Thanks

It would only be speculation if no one had ever gone through the K-1 interview process yet and did not know what documents would be asked of them. The I-134 is not used solely for those applying for a K-1. A K-1 is a special case because it is technically a non-immigrant visa, but the person using a K-1 to enter the US has immigration intent. The consulates know they will be marrying within 90 days of entry and needing to adjust status. When they file for AOS, they will need the I-864 from their petitioner/sponsor. The I-134 is non-binding, but the I-864 is the legally binding, important affidavit of support. This is why they tend to follow the guidelines for the I-864. If the sponsor cannot meet those requirements at the time of the K-1 visa interview, then how will they meet them when they need to file the I-864 in just a few months or less? To be fully prepared, provide as much evidence as you can. If it is easy to obtain, why omit it? The I-134 instructions are not null and void. You can follow them to a T, if you like. They are really vague though, and the I-864 instructions are a lot more clear on what documents you need to provide to prove financial stability, assets, etc.

I agree that people finding this forum to get more information about the details of the process is very handy. I think every person going into the immigration process should research and read as much as possible. This is not something you want to just go into blindly and unprepared. Do a search here on VJ about what is required for the I-134. Read the instructions that come directly from the consulate you will go through. Many times they list what they want specifically, and it varies from consulate to consulate.

As for the statement, just type out why you were not legally required to file taxes. You only receive non-taxable income and therefore are not required to file taxes. Then, just sign and date it. You can provide proof of your income through documents you receive: 1099s, check stubs, bank statements showing deposits monthly?

Your co-sponsor can provide his most recent tax transcript, 1099 from his pension, and bank statements showing the deposits. The I-864 instructions let you know what he needs to provide to document his assets.

[Shepard 0]

Thanks for the replies guys, I am going to try to get all the information finished up in the next day or two. I am about to read the I-864 instructions to find out exactly what the required documents are.

My co-sponsor will be going to the bank tomorrow to get a printout of his balances in all accounts, and deposit records, there are no pay stubs at all as he is retired.

As far as my paltry income is concerned, do I even need to provide any statements? 100% of my income is non-taxable, and it is SSI direct deposit. My understanding is that SSI is not counted toward the amount needed, so should I just leave the income space blank? I was thinking of just filling in the yearly amount and putting SSI beside it. I would think they would understand that.

Thanks for all the help, any other suggestions are welcomed and appreciated.

[Shepard 0]

I have been reading up more on this, and realized that the best thing to do at this point is check with my fiancees embassy for what they require to have as evidence for the I-134.

Thanks