Federal Income Tax Return Requirements (I-134) for the US Embassy in Bangkok, Thailand

[JayBee 0]

Please forgive me because although my profile says I’m a new member as of today, I’ve been coming here quite often for the last year or so. I was turned on to the site by Tmc225usc. Not sure what kind of street cred that gives me but I felt it worth mentioning.

I don’t know why I didn’t create a profile until now and for that I do apologize. But I’ve hit a wall in the K-1 Process. And for some reason, I’m in a haze. A funk. My life (for the past few days) feels like a bad dream that I can’t wake up from. So, I come to the one place I know where similar feelings are shared and ask for your help.

Now, I’m not a noob when it comes to forums. I’ve done what searching I can and haven’t found a definitive answer to the question I’m looking for. Before I get to the point however:

A Quick Time Line:

July 2007: I quit my low paying job and set a course for adventure.

Destination: Thailand.

Goal: To continue the two week vacation that changed my life in April of 2007.

September 2007: I meet my future fiancée.

Fast forward: Don’t worry. You’re not missing much. Just the whole talking about futures, falling in love, being the happiest I’ve ever been in my entire life thing.

March/April of 2008: Life and funds finally catch up with me. There is no future in Thailand unless I win PowerBall. Either that or earn less than the job I quit to come here in the first place.

April - July 2008: I come home, get a job and start the paperwork that everyone here is so familiar with.

To ensure no worries on my part, I hire an American Lawyer based in Thailand to handle it all. Tmc225usc used the same guy, so I know he’s legit. He asks for the info he needs to get started. No stipulations were made. We’re good to go.

7 Months Later: NOA2 and then, the NVC Notification arrive in the mail. My lawyer sends me a list of the stuff he needs next.

It includes, among other things, “2007 federal income tax return, or the last 3 years tax returns if you are self employed. You will need to have an annual minimum personal income of no less than $17,500.00 showing on your 2007 tax return to support a family of two. You may check with us if you or your fiancée/wife have children who will live in America for the minimum income requirement for larger families.”

And here we are. Naturally, I questioned this. “Wait. I was traveling. Like most young people do.” (Right here is where I could go off on a tangent about this topic but I won’t. I don’t want to lose the attention of the people brave enough to read this whole thing. Plus, it’s probably already been said a hundred times. My situation is nothing new.)

So, I sent my lawyer an email stating that my 2007 form would not have the sufficient income required because 1. It was a low paying job. And 2. I quit halfway through the year. There is exactly $8,874 on the Wages, Salaries, Tips, Etc. line for my 2007 form.

I went on to explain that (more than likely) neither would my 2008 form because I started my job halfway through the year. According to work, I currently make $28K a year. But after looking at my last pay stub from December, the year to date capped out at $14K. So, I imagine that’s what it will say on the Wages, Salaries, Tips, Etc. line for the 2008 form. Without fail.

And in true, know-it-all fashion, I mentioned to him that I heard it was reasonable to have a co-sponsor. As I had read here. But the consensus was mixed.

The co-sponsor would be my mom. She makes over $60K a year and only supports my youngest brother. And she’s willing! Which to me kills any argument from then on out. But that equates to common sense.

Anyways, this is the email I got back:

“I don't have your file on my desk and as it is Saturday when I am writing back to you my staff isn't here to locate it for me, but I am going to remember off the top of my head that we are applying for a fiancée' visa, and with this visa type co-sponsors are not allowed.

I suggest that you enter on your 2008 tax return the income from your job and then the additional income earned from odd jobs from which you were paid in cash. Making your total combined gross income higher than the minimum income required.”

Naturally, that’s when the nausea set in. This is literally the only thing that I have left to give him and I can’t. Where do I go from here?

[Koakland 0]

You are filing for a K1. You can definitely have a cosponsor. I believe that you and your cosponsor have to fill out the I134. But you can def have a cosponsor. As long as your mom makes enough to meet the guidelines to support her household and yours, you are good.

[Dakine 26]

Please forgive me because although my profile says I’m a new member as of today, I’ve been coming here quite often for the last year or so. I was turned on to the site by Tmc225usc. Not sure what kind of street cred that gives me but I felt it worth mentioning.

I don’t know why I didn’t create a profile until now and for that I do apologize. But I’ve hit a wall in the K-1 Process. And for some reason, I’m in a haze. A funk. My life (for the past few days) feels like a bad dream that I can’t wake up from. So, I come to the one place I know where similar feelings are shared and ask for your help.

Now, I’m not a noob when it comes to forums. I’ve done what searching I can and haven’t found a definitive answer to the question I’m looking for. Before I get to the point however:

A Quick Time Line:

July 2007: I quit my low paying job and set a course for adventure.

Destination: Thailand.

Goal: To continue the two week vacation that changed my life in April of 2007.

September 2007: I meet my future fiancée.

Fast forward: Don’t worry. You’re not missing much. Just the whole talking about futures, falling in love, being the happiest I’ve ever been in my entire life thing.

March/April of 2008: Life and funds finally catch up with me. There is no future in Thailand unless I win PowerBall. Either that or earn less than the job I quit to come here in the first place.

April - July 2008: I come home, get a job and start the paperwork that everyone here is so familiar with.

To ensure no worries on my part, I hire an American Lawyer based in Thailand to handle it all. Tmc225usc used the same guy, so I know he’s legit. He asks for the info he needs to get started. No stipulations were made. We’re good to go.

7 Months Later: NOA2 and then, the NVC Notification arrive in the mail. My lawyer sends me a list of the stuff he needs next.

It includes, among other things, “2007 federal income tax return, or the last 3 years tax returns if you are self employed. You will need to have an annual minimum personal income of no less than $17,500.00 showing on your 2007 tax return to support a family of two. You may check with us if you or your fiancée/wife have children who will live in America for the minimum income requirement for larger families.”

And here we are. Naturally, I questioned this. “Wait. I was traveling. Like most young people do.” (Right here is where I could go off on a tangent about this topic but I won’t. I don’t want to lose the attention of the people brave enough to read this whole thing. Plus, it’s probably already been said a hundred times. My situation is nothing new.)

So, I sent my lawyer an email stating that my 2007 form would not have the sufficient income required because 1. It was a low paying job. And 2. I quit halfway through the year. There is exactly $8,874 on the Wages, Salaries, Tips, Etc. line for my 2007 form.

I went on to explain that (more than likely) neither would my 2008 form because I started my job halfway through the year. According to work, I currently make $28K a year. But after looking at my last pay stub from December, the year to date capped out at $14K. So, I imagine that’s what it will say on the Wages, Salaries, Tips, Etc. line for the 2008 form. Without fail.

And in true, know-it-all fashion, I mentioned to him that I heard it was reasonable to have a co-sponsor. As I had read here. But the consensus was mixed.

The co-sponsor would be my mom. She makes over $60K a year and only supports my youngest brother. And she’s willing! Which to me kills any argument from then on out. But that equates to common sense.

Anyways, this is the email I got back:

“I don't have your file on my desk and as it is Saturday when I am writing back to you my staff isn't here to locate it for me, but I am going to remember off the top of my head that we are applying for a fiancée' visa, and with this visa type co-sponsors are not allowed.

I suggest that you enter on your 2008 tax return the income from your job and then the additional income earned from odd jobs from which you were paid in cash. Making your total combined gross income higher than the minimum income required.”

Naturally, that’s when the nausea set in. This is literally the only thing that I have left to give him and I can’t. Where do I go from here?

I guess you have to go back to work!

No money, No Honey!!!

[Koakland 0]

actually grrr it is embassy specific isn't it? i am not sure. sorry, i was not at all helpful

there may be some helpful info here tho:

http://www.visajourney.com/forums/index.php?showtopic=143834

Edited January 11, 2009 by Koakland

[Tmc225usc 1]

I think I have this figured out.

Congrats on answering your phone though. Love having to type this out...

I really dont like the idea of 'rolling the dice' with the embassy depending on which day it is, or who you get that day for the interview, or if they are in a bad mood, and if they will or wont approve a co-sponsor.

It is a shame the embassy acts like that still (Been there, done that)

I had to dig up my ol' I-134 to confirm this... but my theory seems correct.....

I dont see anything on there at all about a tax return unless you are self employed. To me, it looked like it cared more about the bank stuff, and your employment statement stuff. Hopefully your HR person wrote on there your hourly wage as well as your salary (28K) If they didnt...the need to do that.

Down below on Statement 7 of the I-134 it says the following:

"I derive an annual income of: (If self-employed, I have attached a copy of my last income

tax return or report of commercial rating concern which I certify to be true and correct

to the best of my knowledge and belief. See instructions for nature of evidence of net worth to be

submitted.)"

Again...self employed...which you arent.

I dont see any * after the part where you would write 28K that said they need specific examples or proof of anything outside of your employment statement.

Id include your 2008 transcript when it gets here, and then call it a day. Maybe write a letter explaining that they need to look at your employment verification to see that you make 28K a year which is more than enough, and that the tax return only shows so much of 2008 because this was when you started.

I was worried for a moment when I read your tear filled question on here. Now Im not at all worried. The I-134 isnt really asking for much.

Id agree with what the lawyer said which was put 28K and if they ask... 14K was the remainder of 2008...you mowed lawns or something for the rest. By the time the embassy actually grants you an interview date(processing times joke), you will probably already have 17.5K in income from work that you can prove on payslips. haha.

Then when it comes time for AOS... run the I-864 with your mom if you feel you still need it.

Again...by the time you need to do that, because of processing times, it will most likely be 2010 and youll be fine.

[rin and john 71]

I think I have this figured out.

Congrats on answering your phone though. Love having to type this out...

I really dont like the idea of 'rolling the dice' with the embassy depending on which day it is, or who you get that day for the interview, or if they are in a bad mood, and if they will or wont approve a co-sponsor.

It is a shame the embassy acts like that still (Been there, done that)

I had to dig up my ol' I-134 to confirm this... but my theory seems correct.....

I dont see anything on there at all about a tax return unless you are self employed. To me, it looked like it cared more about the bank stuff, and your employment statement stuff. Hopefully your HR person wrote on there your hourly wage as well as your salary (28K) If they didnt...the need to do that.

Down below on Statement 7 of the I-134 it says the following:

"I derive an annual income of: (If self-employed, I have attached a copy of my last income

tax return or report of commercial rating concern which I certify to be true and correct

to the best of my knowledge and belief. See instructions for nature of evidence of net worth to be

submitted.)"

Again...self employed...which you arent.

I dont see any * after the part where you would write 28K that said they need specific examples or proof of anything outside of your employment statement.

Id include your 2008 transcript when it gets here, and then call it a day. Maybe write a letter explaining that they need to look at your employment verification to see that you make 28K a year which is more than enough, and that the tax return only shows so much of 2008 because this was when you started.

I was worried for a moment when I read your tear filled question on here. Now Im not at all worried. The I-134 isnt really asking for much.

Id agree with what the lawyer said which was put 28K and if they ask... 14K was the remainder of 2008...you mowed lawns or something for the rest. By the time the embassy actually grants you an interview date(processing times joke), you will probably already have 17.5K in income from work that you can prove on payslips. haha.

Then when it comes time for AOS... run the I-864 with your mom if you feel you still need it.

Again...by the time you need to do that, because of processing times, it will most likely be 2010 and youll be fine.

Checked the US Embassy in Bangkok website. I agree the instructions for the I-134 do not require a tax return (unless self-employed), but the Embassy website does in its instruction for K visa applicants.

http://bangkok.usembassy.gov/root/pdfs/k_visa_packet3.pdf (look under "Affidavit of Support" on the checklist)

Some embassies have allowed a co-sponsor, some have not (I cannot recall BKK's position - but check with "Thai Mom" as her son was in school prior to marrying in Thailand and I believe she may have co-sponsored her DIL).

Your best course of action:

1) Make sure your letter from your employer states your annual pay rate.

2) Write a letter yourself explaining your financial history.

3) Include an I-134 from your mother.

4) If this fails, go to Thailand, get married, and begin the process for a CR-1 visa (no I-134 required; uses the I-864 which allows a co-sponsor)

Regarding your lawyer's advice on adding your miscellaneous income to your 2008 return. It would be OK to do this, but remember the incremental income (above your W-2 reported income) would be taxable, you would have to pay taxes on it (including SSI and medicare withholding), and other tax implications may apply. Filling out a "dummy" to submit with the I-134 and submitting a different one to the IRS would be fraud. They would need to be identical.

[rin and john 71]

"Thai Mom" is member "Thai family" (if you want to search). A few posts of interest:

http://www.visajourney.com/forums/index.ph...t&p=2354432

http://www.visajourney.com/forums/index.ph...amp;pid=2325520

http://www.visajourney.com/forums/index.ph...t&p=2283163

http://www.visajourney.com/forums/index.ph...t&p=2241048

http://www.visajourney.com/forums/index.ph...t&p=2144198

http://www.visajourney.com/forums/index.ph...t&p=2113726

http://www.visajourney.com/forums/index.ph...t&p=2103883

http://www.visajourney.com/forums/index.ph...=143834&hl=

I am sure there are alot more regarding I-134 and Bangkok, but these should get you started.

Best of luck,

John

[pushbrk 13,267]

Please forgive me because although my profile says I’m a new member as of today, I’ve been coming here quite often for the last year or so. I was turned on to the site by Tmc225usc. Not sure what kind of street cred that gives me but I felt it worth mentioning.

I don’t know why I didn’t create a profile until now and for that I do apologize. But I’ve hit a wall in the K-1 Process. And for some reason, I’m in a haze. A funk. My life (for the past few days) feels like a bad dream that I can’t wake up from. So, I come to the one place I know where similar feelings are shared and ask for your help.

Now, I’m not a noob when it comes to forums. I’ve done what searching I can and haven’t found a definitive answer to the question I’m looking for. Before I get to the point however:

A Quick Time Line:

July 2007: I quit my low paying job and set a course for adventure.

Destination: Thailand.

Goal: To continue the two week vacation that changed my life in April of 2007.

September 2007: I meet my future fiancée.

Fast forward: Don’t worry. You’re not missing much. Just the whole talking about futures, falling in love, being the happiest I’ve ever been in my entire life thing.

March/April of 2008: Life and funds finally catch up with me. There is no future in Thailand unless I win PowerBall. Either that or earn less than the job I quit to come here in the first place.

April - July 2008: I come home, get a job and start the paperwork that everyone here is so familiar with.

To ensure no worries on my part, I hire an American Lawyer based in Thailand to handle it all. Tmc225usc used the same guy, so I know he’s legit. He asks for the info he needs to get started. No stipulations were made. We’re good to go.

7 Months Later: NOA2 and then, the NVC Notification arrive in the mail. My lawyer sends me a list of the stuff he needs next.

It includes, among other things, “2007 federal income tax return, or the last 3 years tax returns if you are self employed. You will need to have an annual minimum personal income of no less than $17,500.00 showing on your 2007 tax return to support a family of two. You may check with us if you or your fiancée/wife have children who will live in America for the minimum income requirement for larger families.”

And here we are. Naturally, I questioned this. “Wait. I was traveling. Like most young people do.” (Right here is where I could go off on a tangent about this topic but I won’t. I don’t want to lose the attention of the people brave enough to read this whole thing. Plus, it’s probably already been said a hundred times. My situation is nothing new.)

So, I sent my lawyer an email stating that my 2007 form would not have the sufficient income required because 1. It was a low paying job. And 2. I quit halfway through the year. There is exactly $8,874 on the Wages, Salaries, Tips, Etc. line for my 2007 form.

I went on to explain that (more than likely) neither would my 2008 form because I started my job halfway through the year. According to work, I currently make $28K a year. But after looking at my last pay stub from December, the year to date capped out at $14K. So, I imagine that’s what it will say on the Wages, Salaries, Tips, Etc. line for the 2008 form. Without fail.

And in true, know-it-all fashion, I mentioned to him that I heard it was reasonable to have a co-sponsor. As I had read here. But the consensus was mixed.

The co-sponsor would be my mom. She makes over $60K a year and only supports my youngest brother. And she’s willing! Which to me kills any argument from then on out. But that equates to common sense.

Anyways, this is the email I got back:

“I don't have your file on my desk and as it is Saturday when I am writing back to you my staff isn't here to locate it for me, but I am going to remember off the top of my head that we are applying for a fiancée' visa, and with this visa type co-sponsors are not allowed.

I suggest that you enter on your 2008 tax return the income from your job and then the additional income earned from odd jobs from which you were paid in cash. Making your total combined gross income higher than the minimum income required.”

Naturally, that’s when the nausea set in. This is literally the only thing that I have left to give him and I can’t. Where do I go from here?

Stoopid attorneys. Your derive an income of $28,000 a year currently. It doesn't matter whether you worked all year. Supply the returns but state your current income and support it with recent pay stubs indicateing YTD income. It will annualize to $28,000 or more, right? Some Consulates always accept co-sponsors for K1 and some Consulates only sometimes do. You don't need one.

[moonhunt 1]

You can add your Mom's info.

Also, you can submit the copy of all your pay stubs, W-2 form for Year 2008, along with your employment letter stating your annual salary and intention to employ you for permanent term.

Then add cover letter to explain that you start the work in the middle of the year, and that's why W-2 reported income is less than what it should be. And mention your employment verification letter for your job and salary info.

I think all together with your mom's support can do the job.

[AaronLV 12]

Straight from the Packet 3:

"The I-134 must be submitted at the time of the interview with a copy of the Petitioner's US passport, an employment letter, and a copy of Petitioner's tax return for the most recent tax year"

You definitely want to send as much information as possible (including what they ask for, whether it meets the requirements or not), maybe bank statements, investments, savings bonds, etc.

I would contact the embassy and ask them directly if they allow co-sponsors for K1's. I have heard different answers to this, but most of what I heard is Bangkok does not allow co-sponsors for K1's.

[JayBee 0]

Thanks for all of the advice. I've calmed down a bit here and started thinking rationally. I'm gathering all the suggestions as we speak. It'll be overkill. Ha Ha Ha. As usual, everyone on this site rocks the casbah.