I-134 Question

[Tyler and Agus 1]

So, for the year 2006, I fell $500 short of not needing a co-sponsor.

I will be providing a tax return for 2006 (because I made a lot more than in 05) and hope to have it filed soon. I was wondering, would it be acceptable to use my mom's 2005 return because she has not filed yet or should both returns be provided from the same year?

Thanks

[YuAndDan 153]

You cannot use tax returns from 2 different people on the same I-134.

One thing about I-134, the directions included with I-134 are very old, USCIS has no reason to update them since USCIS has no application for that form.

The consulates tend to treat the I-134 like a mini-I-864 as so prefer the same financial evidence as the I-864.

In our case this what the I-134 included.

• I-134 signed and notarized.
• SIMPLE Tax transcripts from the IRS for past 3 years, (Redundant for the (1040,W2,1099) but are free from the IRS http://www.irs.gov/faqs/faq1-6.html
• Photo copy of IRS form 1040, and W2s for past 3 years (Not necessary if you provide the transcripts)
• Letter from my employer stating annual salary, job responsibility, and that is full time, on company letterhead.
• Photo copies of past month or so of pay stubs up to a few weeks before the interview.

My income was well above the povertyline so I did not include any asset data (LIKE BANK STATEMENTS or property values).

If your income exceeds 125% of the povertyline when counting yourself, prospective immigrant and any dependents, then don't bother with assets (401K, Bank balance, Stocks etc..), it is just extra un-needed data to provide, the consular officer is most concerned with INCOME.

If your 2007 and 2006 income were above the line, then just use the past 2 years returns.

[Tyler and Agus 1]

You cannot use tax returns from 2 different people on the same I-134.

One thing about I-134, the directions included with I-134 are very old, USCIS has no reason to update them since USCIS has no application for that form.

The consulates tend to treat the I-134 like a mini-I-864 as so prefer the same financial evidence as the I-864.

In our case this what the I-134 included.

• I-134 signed and notarized.
• SIMPLE Tax transcripts from the IRS for past 3 years, (Redundant for the (1040,W2,1099) but are free from the IRS http://www.irs.gov/faqs/faq1-6.html
• Photo copy of IRS form 1040, and W2s for past 3 years (Not necessary if you provide the transcripts)
• Letter from my employer stating annual salary, job responsibility, and that is full time, on company letterhead.
• Photo copies of past month or so of pay stubs up to a few weeks before the interview.

My income was well above the povertyline so I did not include any asset data (LIKE BANK STATEMENTS or property values).

If your income exceeds 125% of the povertyline when counting yourself, prospective immigrant and any dependents, then don't bother with assets (401K, Bank balance, Stocks etc..), it is just extra un-needed data to provide, the consular officer is most concerned with INCOME.

If your 2007 and 2006 income were above the line, then just use the past 2 years returns.

Ok, I read somewhere that if you are going to have a co-sponsor, they also fill out the I-134.

[YuAndDan 153]

Ok, I read somewhere that if you are going to have a co-sponsor, they also fill out the I-134.

Correct Co-sponsor does an I-134, and You do an I-134.

[Tyler and Agus 1]

Also, my income from 2005 was minimal... I would rather not include that at all.

[Tyler and Agus 1]

I know that I need the I134 for myself and the co-sposor. I will be using my tax returns for 2007 because I made a lot more money than I did in 2006 and 2005 and I plan on e-filing this week. My question is: would it be acceptable to use my returns for 2007 and my co-sponsor's from 2006, 2005, and 2004 (because she has not filed yet this year)?

Or would it just be safer for to me include the past 3 years, even though 2005 and 2006 I made WAY under the poverty line while in 2007 I was only under $500 of 125% of the poverty line for 2. This is because I was an undergrad in 2005 and 2006 and a graduate student in 2007. I've never earned over 125% of poverty for 2 individuals...

[niceguy26 0]

you both need to fill out a separate I-134. and current income seems to be the most important

Edited February 17, 2008 by niceguy26

[Tyler and Agus 1]

you both need to fill out a separate I-134. and current income seems to be the most important

Yeah... well I will be able to show my most current income (2007 returns) but my co-sponsor could take a bit longer to file. Since we've gotten the NOA2 (electronically) I want to start getting everything together for the I-134 and get that sent to the beneficiary. I'm trying to rush my co-sponsor into filing sooner, but she may not be able to do it until 2 weeks or so. This is why I'm asking if it might be okay to have her show her 2006 returns while I am showing my 2007 returns.

In cases where couples are approved close to the new year, it would seem common to me that not everyone has their latest tax returns filed and ready to go. I would like to have mine for the latest year, but my co-sponsor may not and I just want to make sure my fiancee has the necessary documents in time.

[rebeccajo 14]

Have you bothered to look at how the Argentine consulate handles the I134? What proof of income do they like to see for the US sponsor?

Many consulates have no interest in tax returns beyond the last one filed.

[JVKn'CVO 11]

Ty, as long as the instructions haven't changed, the BA embassy requests "last year's tax return" and not the last 3. We included the last 3 (won't hurt), but last year's only should meet the requierment.

Now, regarding the different years...surely you can't present what you don't have, but think that you just got the NOA2 , it's still going to be 1-2 months before you get the packet from the embassy, and they won't schedule your interview until you submit all the forms...so maybe you can work with that timeline if you really want to have your mom's 2007 tax return for the affidavit. Note: if you plan to mail the papers to Agus, we had a teeeerrible experience using fedex, use UPS instead...from Austin to BA it took 48 hours for me to get everything!; or use DHL, they do a lot of business in BA so I'm sure they'll be good too.

Here's the K1 checklist (it's in spanish, I don't know if you speak spanish or maybe Agus can translate it for you because I got rid of my K1 checklist already - Sorry )

K1 Checklist

8. EVIDENCIA DE MANUTENCION: Deberá presentar evidencia que demuestre que ni Usted ni sus hijos (si los tuviera), se convertirán en carga pública en los Estados Unidos. El peticionario de la visa (ciudadano Americano) deberá presentar una declaración jurada de sostenimiento a favor del solicitante de la visa K, completando el formulario I-134. En caso de no calificar como garante, deberá ADEMAS presentarse un CO- GARANTE (ciudadano Americano o residente legal permanente), quien también debe completer el formulario I-134. Tanto en el caso del garante (peticionario) como del co-garante, se deberá acompañar el I-134 con la declaración del último año de impuestos y evidencia de ingresos actuales (como por ejemplo, carta del empleador, cuentas bancarias, recibos de sueldo, valuaciones de propiedades, etc…).

Good Luck guys!! I'm sure you'll do great

Saludos,

Caro

[Tyler and Agus 1]

Thank you so much, Caro! Agus translated the checklist for me! This helps a lot!

Muchas gracias!

Saludos!