Affidavite of support

[krystiandjon 0]

Hi! So Jon and I are getting ready for his interview and we're working on the I134

I've been in school/traveling and last year did not make above the poverty line (my 2008 taxes reflect that!). But I've had a job since October that is pays well above the poverty line and have pay stubs/employer letter as evidence. Has anyone had experience with London and know if they will accept this?

[YuAndDan 153]

London is a bit better with Current and Future income evidence.

I would have an extra I-134 from a co-sponsor handy just in case.

[krystiandjon 0]

London is a bit better with Current and Future income evidence.

I would have an extra I-134 from a co-sponsor handy just in case.

That is what we thought would be best too. We have Krysti's parents as a co-sponser, only we may not have their 2008 tax returns in time, we have the last 2-3 years though. Hope this isn't going to be a problem.

Thanks for the reply!

[Stinky Monkey 1]

If your W2 and tax return for 2008 are under the guide lines I would get a co sponsor, I took W2's and tax returns for 3 years and they only took 2208 W2 and 2007 tax return as it was before April the 15th and he had not filed for 2008 yet.

[Marty J 0]

We weren't planning on using any tax returns.

We have:

- a letter from my fiancée's employer, stating how long she's worked there, her salary, and that she has company-paid medical, dental and vision insurance, which will cover me once we're married

- a letter from her bank showing when the account was opened, the amount paid in during the last year, and the current balance

- bank statements

- payslips

I'm hoping this will be enough to cover us. I think it shows pretty plainly that she earns enough, but it's not me the evidence has to convince unfortunately!

Edited April 1, 2009 by Marty J

[YuAndDan 153]

We weren't planning on using any tax returns.

We have:

- a letter from my fiancée's employer, stating how long she's worked there, her salary, and that she has company-paid medical, dental and vision insurance, which will cover me once we're married

- a letter from her bank showing when the account was opened, the amount paid in during the last year, and the current balance

- bank statements

- payslips

I'm hoping this will be enough to cover us. I think it shows pretty plainly that she earns enough, but it's not me the evidence has to convince unfortunately!

Since the consulate knows that a K-Visa holder will adjust status they usualy require the same evidence that will be used when adjusting status (IRS RETURNS.)

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.

http://www.usembassy.org.uk/cons_new/visa/iv/faffidavit.html

Notice what London lists FIRST, also note they no longer need to be notarized, the Jurat listed at the bottom of form I-134 makes it so that all evidence is assumed to be true and accurate or risk perjury.

[Marty J 0]

Notice what London lists FIRST, also note they no longer need to be notarized, the Jurat listed at the bottom of form I-134 makes it so that all evidence is assumed to be true and accurate or risk perjury.

Yes, I've seen that list before and am aware that most people furnish tax returns at the time of the interview, but I've never seen it stated that they are absolutely essential. I would be interested in knowing:

Has anyone successfully interviewed at London without having them?

Has anyone been asked to produce them? If so, what other evidence was submitted at the time?

Our problem is that my fiancée only worked part time for some of last year, so the income as shown on her tax return doesn't reach the level required for a household of three. She does get survivor's benefits for her daughter which would bring the total up well past the required level, but there seems to be some debate as to whether or not they can be counted on an affidavit of support.

So, life would be simpler if we could get by without submitting tax returns. Her current income is comfortably over that which is required; I guess we're just trying to present ourselves in the best light possible.

If there are likely to be any problems with that approach though, I'd sure like to know about it beforehand.

Edited April 1, 2009 by Marty J

[Talyss 0]

When I had my interview I presented the 2007 tax return and the 2008 W2 along with the employment letter. He asked me for the 2006 and 2005 tax returns even though Charley earned over the guidelines.

[Marty J 0]

When I had my interview I presented the 2007 tax return and the 2008 W2 along with the employment letter. He asked me for the 2006 and 2005 tax returns even though Charley earned over the guidelines.

Four years worth of tax returns? That seems strange to me. Is he self-employed?

I've definitely seen people successfully only bring the last year with them. The thing that is so annoying about this is that they do have a set of instructions on their website, but the consular officers don't seem to follow the same criteria we're supplied with. It would help a lot if they were clearer.

I wonder how they decide what evidence is appropriate?

Edited April 2, 2009 by Marty J

[mr and mrs 187]

When I had my interview I presented the 2007 tax return and the 2008 W2 along with the employment letter. He asked me for the 2006 and 2005 tax returns even though Charley earned over the guidelines.

Four years worth of tax returns? That seems strange to me. Is he self-employed?

I've definitely seen people successfully only bring the last year with them. The thing that is so annoying about this is that they do have a set of instructions on their website, but the consular officers don't seem to follow the same criteria we're supplied with. It would help a lot if they were clearer.

I wonder how they decide what evidence is appropriate?

they have a fancy manual. http://www.state.gov/documents/organization/86988.pdf (scroll to page 10 and below. discuss of some pertinent guidelines (i think,)

i think it is a combination of all of the factors that they ask us to present. health, finances, police record, relationship, etc.

and they way i read the tax return situation (in london): vj'ers suggest three years, most bring three years, not everyone gets asked for all three years, but it seems safer to have them just in case. worst case scenario? a request for additional documentation if one year isnt enough.

i think if you have any questions about what the embassy wants, you need to contact the embassy because they will give you 'the official line' which is probably the safest course of action. vj'ers report back about their individual experiences at the embassy and we then sort of create an aggregate set of rules thT may differ slightly from 'the official line'.

either way, personally, im doing whatever i can, and i am doing what makes me and my fiance comfortable. which means he is bringing pretty much everything.

Edited April 2, 2009 by mr and mrs

[Marty J 0]

they have a fancy manual. http://www.state.gov/documents/organization/86988.pdf (scroll to page 10 and below. discuss of some pertinent guidelines (i think,)

Wow, that's pretty useful. I found the section regarding evidence submitted with the I-134. It's in 9 FAM 40.41 N4.6-3 Use of Form I-134, Affidavit of Support, section e on page 16:

To substantiate the information regarding income and resources, the sponsor should attach to the affidavit a copy of the latest Federal income tax return filed prior to the signing of the Form I-134, including all supporting schedules. If you determine that the tax return and/or additional evidence in the file do not establish the sponsor's financial ability to carry out the commitment toward the immigrant for what might be an indefinite period of time, or there is a specific reason (other than the passage of time) to question the veracity of the income stated on the Form I-134 or the accompanying document(s), you should request additional evidence (i.e., statement from an employer showing the sponsor's salary and the length and permanency of employment, recent pay statements, or other financial data).

[mr and mrs 187]

i cant really take credit for that link. someone else (Nich? someone else smart? dont know) suggested it when i was asking similar questions.

but im glad you found it useful.

[Talyss 0]

When I had my interview I presented the 2007 tax return and the 2008 W2 along with the employment letter. He asked me for the 2006 and 2005 tax returns even though Charley earned over the guidelines.

Four years worth of tax returns? That seems strange to me. Is he self-employed?

I've definitely seen people successfully only bring the last year with them. The thing that is so annoying about this is that they do have a set of instructions on their website, but the consular officers don't seem to follow the same criteria we're supplied with. It would help a lot if they were clearer.

I wonder how they decide what evidence is appropriate?

No he isn't self-employed, been in this job for 9 years which the employers letter stated. I didn't have the 2008 tax returns as this was back in February I only had the W2 so technically it was 3 years of tax returns.

I did have those years with me, whether they would have insisted on me getting them if I hadn't is a different matter.

Edited April 2, 2009 by Talyss

[MARM 7]

When I had my interview I presented the 2007 tax return and the 2008 W2 along with the employment letter. He asked me for the 2006 and 2005 tax returns even though Charley earned over the guidelines.

Four years worth of tax returns? That seems strange to me. Is he self-employed?

I've definitely seen people successfully only bring the last year with them. The thing that is so annoying about this is that they do have a set of instructions on their website, but the consular officers don't seem to follow the same criteria we're supplied with. It would help a lot if they were clearer.

I wonder how they decide what evidence is appropriate?

No he isn't self-employed, been in this job for 9 years which the employers letter stated. I didn't have the 2008 tax returns as this was back in February I only had the W2 so technically it was 3 years of tax returns.

I did have those years with me, whether they would have insisted on me getting them if I hadn't is a different matter.

I sincerely hope we are not asked for more tax returns or W-2s. We have them, but I did not send them to my fiance (too much bulk). We just have 2008 tax return copy+ 2008 W-2s (these are all my mother's) she is the co-sponsor. We did not include any assets or house deeds or anything because she makes above 90K, so we just added her employer letter stating salary and since when she has been working with them (and she has zero dependents, files taxes jointly with my dad). So that is why I thought why make matters more complicated? We have more than enough to prove financial strength to support my fiance. Most people have not been asked for further information, but I guess it really comes down to case by case specifications.