Question for embassy on I-134 - no 2007 tax return

[Thai family 0]

I need some of your opinions on this. I posted it before. The embassy hasn't replied. Has anyone been approved who had no taxable income the two previous years so did not file, but has more than adequate taxable income for the current year? My son did write a letter and will have it notarized, as to why he didn't file 2007 and 2006 taxes and explaining his situation and why he thinks there is no risk of his wife becoming a public charge. He has only about 7 K in the bank besides his car and guitar.

He is not planning on having a co-sponsor, as he wants to do this on his own. I realize having a co-sponsor is the "safe" answer. Of course, Little Asian man said the Bangkok embassy told him there were no co-sponsors for the I-134.

Thanks in advance for your help.

Thai Mom

My email to the embassy:

"The petitioner requests advice regarding his I-134 affidavit of support. He has more than adequate earned US income for 2008, as evidenced by pay stubs and a letter from his employer; however he did not file taxes in 2007, as he was not required to since he was a full time student in Thailand. He is a recent graduate of _______University. His sources of income were his non-taxable VA education benefits, supplemented by some savings. He has proof of this, along with his ongoing social security earnings statement and his most recent tax transcript, which is from 2005. He was in Thailand on a student visa and not permitted to engage in gainful employment.

Being a recent college graduate, a USMC veteran, and having a fairly well paying job, he is confident in his ability to support his wife. If a co-sponsor is advisable in this situation, are they allowed to submit documents by mail directly to the embassy? Security of the sensitive information is of concern."

[YuAndDan 153]

I would use a co-sponsor, and then when adjusting status do the I-864 needed for adjustment on my own.

The I-134 is only evidence that the prospective immigrant has support from entry to the USA until they get green-card.

[Dakine 26]

DITTO!

Since he doesn't have a full years ITR showing adequate income I'd go with the co-sponsor for the embassy interview. Depending on the time he may have his 2008 ITR by the time of status adjustment and can go "on his own then".

[Nich-Nick 3,354]

My opinion is ... I like your letter. It never hurts to go straight to the source with a well-composed letter and ask. Hopefully they will answer you in a timely manner. His proofs of income seem adequate to me given his student status in 2007, but I have no experience with Thailand. I have read somewhere on a government website, (sorry I don't have the source at hand) that a sponsor can mail their Affidavit of Support directly to the US Embassy if they do no want to turn over their priviate financial records to the foreign beneficiary. I can understand a co-sponsor's reluctance to divulge their details to someone they may not know well.

[Thai family 0]

Thanks to all of you. I had my husband read this thread an he decided he would sign-on, that is, be a co-sponsor.

Do you think he could just write a letter, have it notarized, include tax transcripts, a business a card, and a copy of his passport, or does he need to actually fill out the I-134 form? It seems the former would give the consular officer the all the evidence they need. Our son can hand carry the papers to Bangkok with everything else if the embassy won't accept it by mail.

I'm glad you liked my letter to the embassy. I tend to get a bit wordy.

Once a parent, always a parent. We do really like our DIL, though.

Thai Mom

[Nich-Nick 3,354]

Do you think he could just write a letter, have it notarized, include tax transcripts, a business a card, and a copy of his passport, or does he need to actually fill out the I-134 form?

It is so much easier to fill out the I-134. If your husband's income meets the requirments, he doesn't have to list all his other investments, real estate holdings, etc. He can just put his salary and be done with it.

We got this information that tells what you can send instead of the I-134 form, but you can see it is quite complicated to include all they ask for.

Affidavit of Support

Persons in the U.S. who wish to furnish sponsorship of a fiancee or Kii visa applicant in the form of an affidavit of support should use form I-134 which is available from the U.S. Citizenship and Immigration Services. Sponsors may also elect to furnish a statement in the form of an affidavit sworn to before a notary public or other official competent to administer an oath, setting forth his or her willingness and financial ability to contribute to the applicant's support and reasons, in detail, for sponsoring the applicant.

The affidavit should include:

• information regarding his or her annual income;
• where material, information regarding his or her other resources;
• obligations for the support of members of his is or her own family and other persons, if any;
• other obligations and expenses;
• plans and arrangements made for the applicant's reception and support;
• an expression of willingness to deposit a bond, if necessary, with the USCIS to guarantee that the applicant will not become a public charge in the United States; and
• an acknowledgment that the sponsor is aware of his or her responsibilities under the Social Security Act, as amended, and the Food Stamp Act, as amended, that the affidavit will be binding upon the sponsor for three years after entry of the named persons; and that the affidavit and supporting documentation may be made available to a public assistance agency. (The provisions of the above laws are contained in form DS-1858, Sponsor's Financial Responsibility Under the Social Security Act, and printed in Part III of the instructions for Form I-134).
• The sponsor should include in the affidavit a statement concerning his or her status in the U.S. If the sponsor is an American citizen the affidavit should include a statement about how U.S. citizenship was acquired. If naturalized, the affidavit should indicate the date of naturalization, the name and location of the court, and the number of the sponsor's certificate of naturalization. If the sponsor is an alien who has been lawfully admitted into the U.S. for permanent residence, he or she should state in the affidavit the date and place of admission for permanent residence and the alien registration number which appears on his or her Alien Resignation Receipt Card.

To substantiate the information regarding income and resources the sponsor should attached two or more of the following items to the affidavit.

• notarized copies of his or her latest federal income tax return;
• a statement from his or her employer showing salary and the length and permanency of employment;
• a statement from an officer of a bank regarding his or her account, the date the account was opened and the present balance;
• any other evidence adequate to establish financial ability to carry out his or her undertaking toward the applicant for what might be an indefinite period of time.

If the sponsor is well established in business he or she may submit a rating from an recognized business rating organization in lieu of the foregoing. If the sponsor is married, the affidavit should be signed jointly by both husband and wife. Affidavits of support should be signed jointly by both husband and wife. Affidavits of support should be of recent date when presented to the consular officer. They are unacceptable if more than one year has elapsed from the date of execution. The affidavit of support should be given to the applicant to present on the day of his or her visa interview. If you do not wish for the person to see this affidavit, you may send it directly to the Embassy with a covering letter giving the applicant's full name, date and place of birth and case number.

P.S. I'm a mom too and would be doing the same thing.

Edited June 27, 2008 by Nich-Nick

[Nich-Nick 3,354]

I forgot to say this:

I would also suggest that your son do his best with his evidence of support and only pull out the co-sponsorship if they tell him his isn't adequate. I think his might be. Thailand consulate seems to be fairly reasonable. There aren't many complaints or lengthy processing delays reported there. The worse case would be if they said you don't have enough, bring more next week and he would have to return there. I'm assuming he's in Thailand since you said he could hand-carry the papers to the Embassy. The reviews of Thailand say the workers are abrupt and rude, but don't unreasonably deny or delay visas for months. They say the interview person is nice.

[Thai family 0]

Thanks for all of the tips. It's nice to meet another Mom on here! The alternative makes filling out the I-134 look very painless.

I think we'll just put the I-134 along with a tax transcript and business card in a sealed envelope and call it good. Then I'll write on it "Only to be opened by consular officer" and he can pull it out of the file if it they request more evidence. My husband thinks we can send it with him. He leaves on the 8th and the interview is on the 24th. He has never managed to lose his passport, so perhaps hand carrying is okay.

When he talked me into signing onto this I had no idea there were so many details involved.

Thanks!