Can't get a straight answer

[JEC777 13]

Ok, this is driving me nuts

I have copied here exactly what the I-134 instructions says

As the sponsor, you must show that you have sufficient income or resources to assure that the alien you are sponsoring will not become a public charge while in the United States.

Evidence should consist of copies of any of the documents listed below that applies to your situation.

Failure to provide evidence of sufficient income or financial resources may result in the denial of the alien's application for a Visa or his or her removal from the United States.

Submit in duplicate evidence of income and resources as appropriate.

A. Statement from an Officer of the Bank or Financial Institutions with deposits, identifying the following details regarding the account.

1. Date account opened

2. Total amount deposited for the past year

3. Present Balance

B. Statements(s) of your Employer on Business Stationary showing

1. Date and Nature of Employment

2. Salary Paid and

3. Whether the Position is Temporary or Permanent

C. If Self Employed

1. Copy of last income tax return filed or

2. Report of Commercial rating concern

My Fiance is sponsoring me based on his income. He is not supporting me based on his assets (of which he essentially has none) and he is not self employed. So following the instructions which say "evidence should consist of copies of any of the documents below that applies to your situation AND show "evidence of income and resources as appropriate".

So therefore, I am of the understanding that we are to provide a Letter from his Employer. So in my Pkt 3 I sent 2 original copies of the I-134 signed by my Fiance and 2 original letters from my Fiance's Employer stating the date he started, his salary and that the position is permanent. It doesn't say anywhere in the instructions that we need to provide more than that. So, I received my Pkt 4 yesterday and they have said "please provide original documents as supporting evidence for the I-134. Refer to instructions for what is required". So I did, again, and I still can't figure out what else they require.

I sent them an email to say I have already sent the I-134 and supporting documents and I have no other copies other than the originals that I already sent. Their response to me today was "You provided the completed I-134 and Employment letter, please refer to the I-134 instructions for Supporting evidence. Why can't they just tell me what it is they need, because I can't see from the instructions what it is we have left out???

As far as I can see I have followed their instructions, verbatim, is there anything that I am missing that you guys can see? I am stumped.

Thanks

[Bumbero 130]

The guide on VJ states that if you are going by income, you will need to submit tax returns for the last 2 to 3 years and a few months of pay stubs to show continuous income.

Here is the K1 guide, which mentions it under "what to send Fiance(e) after I129F is approved":

http://www.visajourney.com/content/k1guide

In the guide, it says: 5. 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. See this FAQ for more tips and ueful information on the Affidavit of Support Form.

Here is the FAQ on the I134:

http://www.visajourney.com/content/support

Hope that helps

Good luck!

Edited November 20, 2012 by Bumbero

[KayDeeCee 4,893]

You need a copy of your most recent tax transcript, which are free from the IRS, OR a complete copy of your tax return. A complete copy consists of copies of ALL forms and schedules plus any W-2s or 1099s. Transcripts are easiest and can be ordered online. You also need a letter from employer stating position, how long have you worked there and your salary, and copies of most recent pay stubs. And of course an I-134 with original signature. http://www.visajourney.com/content/support

[aws&ndd 103]

The evidence you are lacking is your pay stubs and copies of your taxes. This is what they are looking for.

[JEC777 13]

The guide on VJ states that if you are going by income, you will need to submit tax returns for the last 2 to 3 years and a few months of pay stubs to show continuous income.

Here is the K1 guide, which mentions it under "what to send Fiance(e) after I129F is approved":

http://www.visajourney.com/content/k1guide

In the guide, it says: 5. 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. See this FAQ for more tips and ueful information on the Affidavit of Support Form.

Here is the FAQ on the I134:

http://www.visajourney.com/content/support

Hope that helps

Good luck!

Thank you for your response, I know it says that on the VJ guide, but it is not stated anywhere on the I-134 instructions or anywhere else that I can see on the USCIS website. I am sure there are many people that have gone through this process who haven't visited the VJ website and seen the guides so I can only assume that the information given by VJ is based on what people here advise. I am curious as to how anyone not familiar with VJ obtains any further information on what to provide when the USCIS doesn't provide any further information than what I have detailed above? I just hope someone at the Consulate will be kind enough to advise me on what exactly it is that they require from me that they haven't already provided.

I asked the Consulate in an email several weeks ago about the need to provide tax returns and pay stubs, and their response, again, was to follow the I-134 instructions....they didn't reply saying that yes, these documents are required. The reason this is such a sticking point for me is that my Fiance has only been in his current job since the 30th of October and he only has a tax return for last year, which showed a very sparce income at the time and before that, he was not required to lodge a tax return as his income was below the requirements to do so. The job he has now is working for the same Employer that he worked for for 3 years from 2008 to 2011, however he didn't earn much, and they payed mostly cash in hand. However now, after having left the job for 12 months, he has returned to a permanent position with full time hours and a salary. He works on a farm and the owners have become like a second family to him and so the job is VERY secure, but it's the past 3-5 years of Employment and financial history that doesn't look so great. I am getting really worried that we aren't going to be able to provide what they need (not that I know yet exactly what that is) and that they are going to deny my Visa based on his past financial history.

Uugh, my interview is on the 18th of December, the kids and I have been waiting for over 3 years to finally be with my Fiance, and now that he is finally in a financial position to support us, to say that we would be devastated if we are denied is a huge understatement, we would all be crushed. We just want to be together, to finally be a family....why does it have to be sooo hard!!

[Bumbero 130]

Great questions. The offical instructions are VERY vague indeed. The Consulate probably didn't directly answer your question because they feel giving any advice would be "legally binding" and it's a CYA type issue for them. Nobody wants to take responsibility for the advice, in case it's wrong and the person receiving it can come back and say "Well So-and-so told me XYZ! How come it's not true?"

I would just send in the pay stubs and tax returns, or transcripts, and see what they say. I am sure that is what you are missing though.

[JEC777 13]

Great questions. The offical instructions are VERY vague indeed. The Consulate probably didn't directly answer your question because they feel giving any advice would be "legally binding" and it's a CYA type issue for them. Nobody wants to take responsibility for the advice, in case it's wrong and the person receiving it can come back and say "Well So-and-so told me XYZ! How come it's not true?"

I would just send in the pay stubs and tax returns, or transcripts, and see what they say. I am sure that is what you are missing though.

Thank you, I think you are probably right, I have printed out the emails that have directed me to follow the I-134 instructions and I am going to take them with me to the interview.... whatever good it may do. I am just really worried that they will see his past financial instability as a reason to deny us. It has taken us 3 years to get to this point because my partner has been working his butt off to get himself into a financial position where he can support us....and now he has done that, it may not be enough. We will try to obtain whatever tax documents that my partner has, as irelevant as they are to his current financial standing, but if it's more paperwork that they want then we will have to do what we can.

[Bumbero 130]

Have heart, EVERYTHING I have seen posted here say that they will go by current income, that is why the employment letter and pay stubs are important.

[JEC777 13]

Have heart, EVERYTHING I have seen posted here say that they will go by current income, that is why the employment letter and pay stubs are important.

Thanks Bumbero, we'll try and get hold of pay stubs and tax returns before my interview. What would we do without Faith and the belief that dreams come true. Just have to hang in there.

[Bumbero 130]

Exactly! Good luck and keep us posted!