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K-3 interview and I-134: are tax returns required?

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Filed: K-3 Visa Country: Philippines
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Our visa interview is scheduled for April 20. We're applying in Manila for a K-3, non-immigrant visa. My hubby's dad is our co-sponsor. He is using a I-134 affidavit of support.

Tax returns are not mentioned in the instructions for I-134. Will they be required in order to get the K-3 visa, or will we only need tax returns when we file a I-864 when we apply for adjustment of status?

Edited by Reaubean
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Filed: K-1 Visa Country: Philippines
Timeline
Our visa interview is scheduled for April 20. We're applying in Manila for a K-3, non-immigrant visa. My hubby's dad is our co-sponsor. He is using a I-134 affidavit of support.

Tax returns are not mentioned in the instructions for I-134. Will they be required in order to get the K-3 visa, or will we only need tax returns when we file a I-864 when we apply for adjustment of status?

If you are allready married , you dont file the I-134 Affidavit of Support . You need to file the I-864 Affidavit of Support instead , the I-134 Affidavit of support is only for if you are to be married to a non us citizen , or for other non family based visa . And the I-864 Affidavit of Support is for family based visa only .

The same rules apply for the I-134 Affidavit of Support and I-864 Affidavit of Support , so you should use both instruction on both . Cause soon You will be filling both of them .

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Filed: K-1 Visa Country: Philippines
Timeline
Our visa interview is scheduled for April 20. We're applying in Manila for a K-3, non-immigrant visa. My hubby's dad is our co-sponsor. He is using a I-134 affidavit of support.

Tax returns are not mentioned in the instructions for I-134. Will they be required in order to get the K-3 visa, or will we only need tax returns when we file a I-864 when we apply for adjustment of status?

If your married allready and you file the I-134 instead of the I-864 what your supposed to file . Your visa can be denied , the I-134 is for non family based visa only . And the I-864 is only to be used for family based visa , and k3 and k4 visa is a family based visa . When k1 or k2 visa is a non family based visa . And your wrong in your post it says your visa is an non-immigrant visa , your visa if its a k3 is an immigrant visa . K3 visa means allready married , but no childreen .

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Filed: K-3 Visa Country: Philippines
Timeline

Also what about this?

http://www.apexvisa.us/affidavits.html#assets

Alternatives.

One or more co-sponsors, or Joint-sponsors may be used to supplement a petitioner's lack of income or assets.

Affidavit form I-134 for K1 visa and K3 visa.

Form I-134, used for nonimmigrant visas (K1 fiancés and K3 spouse visas), until the person arrives in the U.S. and applies for change of status from non-immigrant to immigrant visa.

The I-134 Affidavit of Support is a Paper Tiger without legal support, and is "requested" at the time of the K1 visa, or K3 visa interviews. This is basically a "Fishing" document to see if the sponsoring petitioner has the ability to supply an I-864 Affidavit of Support for adjustment or change of status after the K visa beneficiary arrives in the U.S.

The form instructions cite their legal authority as "(8 U.S.C. 1182(a)(15),1184(a) and 1258)." This is NOT a valid legal authority as it is NOT promulgated as a Code of Federal Regulations.

While most U.S. Consulates request this affidavit, it is not required by law. However, at the U.S. Dept. of State admits, they "may" request. The point here is that whomever signs one, is NOT on any legal hook. A co-sponsor is usually accepted in addition to a petitioner's affidavit, if the petitioner cannot meet the poverty guideline level. Without the regulations, there can be no penalty - so says the U.S. Supreme Court. So, co-sponsors can rest.....

Edited by Reaubean
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Filed: AOS (apr) Country: Philippines
Timeline
If your married allready and you file the I-134 instead of the I-864 what your supposed to file . Your visa can be denied , the I-134 is for non family based visa only . And the I-864 is only to be used for family based visa , and k3 and k4 visa is a family based visa . When k1 or k2 visa is a non family based visa . And your wrong in your post it says your visa is an non-immigrant visa , your visa if its a k3 is an immigrant visa . K3 visa means allready married , but no childreen .

WRONG on so many levels

All "K" visas are NON-IMMIGRANT visas and use the I-134 .... I-864 is used for immigrant visas and greencard applications

A K-3 can HAVE children... that is why their is a K-4 visa...

Edited by payxibka

YMMV

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Filed: AOS (apr) Country: Philippines
Timeline

U still need ur sponsor's latest income tax return or tax transcript. k-3 is a non-immigrant visa even ur already married so u need i-134 affidavit of support. goodluck!!!

Our visa interview is scheduled for April 20. We're applying in Manila for a K-3, non-immigrant visa. My hubby's dad is our co-sponsor. He is using a I-134 affidavit of support.

Tax returns are not mentioned in the instructions for I-134. Will they be required in order to get the K-3 visa, or will we only need tax returns when we file a I-864 when we apply for adjustment of status?

If your married allready and you file the I-134 instead of the I-864 what your supposed to file . Your visa can be denied , the I-134 is for non family based visa only . And the I-864 is only to be used for family based visa , and k3 and k4 visa is a family based visa . When k1 or k2 visa is a non family based visa . And your wrong in your post it says your visa is an non-immigrant visa , your visa if its a k3 is an immigrant visa . K3 visa means allready married , but no childreen .

K-3 Visa

Marriage: April 10, 2008

I-130 Sent : 2008-04-21

I-130 NOA1 : 2008-04-28

I-130 Approval : 2009-01-06

I-129F Sent : 2008-05-05

I-129F NOA1 : 2008-05-20

I-129F NOA2 : 2009-01-06

NVC Received : 2009-01-12

NVC Left : 2009-01-14

Consulate Received : 2009-01-20

Packet 3 Received : 2009-01-28

Medical Exam: Feb. 11 & 12 PASSED!!!

Interview Date : 2009-03-02

Submit Additional Documents 2009-03-27

Embassy called visa was approved 2009-06-27

VISA Received 2009-07-08 Thank God!!!

US Entry :-------------------------July 29, 2009

Applied EAD:---------------------August 14, 2009

NOA 1 (EAD):--------------------August 21, 2009

EAD Approved:------------------October 14, 2009

EAD Card Received:-----------October 21, 2009

----- ---AOS Timeline---

AOS package sent:------------------February 1, 2010

USCIS received:---------------------February 3, 2010

Received NOA1:---------------------February 12, 2010

Biometric Appointment Letter Recvd: February 16, 2010

Biometric Appointment:-------------March 4, 2010

AOS Interview:-----------------------May 12, 2010

Document Production:------------May 14, 2010

Welcome Notice Received-------May 20, 2010

Greencard Received--------------June 12, 2010

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Filed: AOS (apr) Country: Philippines
Timeline
YES DEFINITELY WRONG!

I am asking for the requirements of the I-134 if do we need a tax return.

The evidence requirements for the I-134 are established by the individual consulate.... most will however....

YMMV

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Thanks for your time!

I should prepare it though.. and it seems US Embassy manila requires it.

Yes, the Embassy will(should) tell you what they require.

Ankara Embassy in Turkey requires tax returns. So it's always best to inquire to the embassy your going to what they want...

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Should both of them needs to do affidavit sepeartely?

Yes.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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