K-1 Income Question

[*julez* 124]

The signed and dated I-134 and supporting documentation are valid for a period of one year.

Edited January 26, 2010 by *julez*

[Gary and Alla 3,694]

Yes, I apologize I meant May 2010. Also I have had this internship for the last 3 years so I have income tax receipts for years 2007-2009(2009 will be available shortly after I file in a day or so) showing an annual income of 32,xxx.00

So do you guys think, this will suffice or should I work my #### off either on finding a full time position(well i have to do that anyway) and/or a co sponsor

As an intern are you an employee or a contractor? Do they withhold taxes? Will they send a w-2 or a will they send a 1099?

IF you are a contractor (1099 worker) then state that you are "self employed", this is true actually, and attach your previous three years tax returns and a bank letter showing deposits for the previous 12 months (OR 12 months bank statements) as proof of income

If you are considered an employee, then it is quite likely the consulate will not consider your work permanent and will not sount your income.

[Gary and Alla 3,694]

The signed and dated I-134 and supporting documentation are valid for a period of one year.

Not true. This rule applies to the I-864. There is no specific rule for the I-134 and the consulate can decide how recent they want the I-134 and supporting documents to be. I DO NOT suggest you present an I-134 more than 90 days old. There is no logical reason to do so (as far as the consulate is concerned) and they may wonder why more corrent info is not supplied and ask for an updated I-134. Then what? Then they will discover you did not supply a more current I-134 because it concealed material evidence and THAT can be considered fraud.

Do not look for ways AROUND the finanical requirements...look for ways to COMPLY with them

[Gary and Alla 3,694]

Then what I would do is complete and sign your I-134 in March or April using current pay stubs and at least one tax return as income and employmnet evidence. An employer letter is not a requirement. There's no place on the I-134 to indicate whether the employment is permanent. Permanent employment doesn't really exist in States with "at will" employment laws anyway.

Be truthful on the date of signature. Don't add information that won't help you. Send the latest possible pay stub to be carried to the interview.

This is true. Best not to say more than necessary but it is possible they can ask fiancee about this and I cannot recommend you tell her to lie.

[evilmonkey 2]

As an intern are you an employee or a contractor? Do they withhold taxes? Will they send a w-2 or a will they send a 1099?

IF you are a contractor (1099 worker) then state that you are "self employed", this is true actually, and attach your previous three years tax returns and a bank letter showing deposits for the previous 12 months (OR 12 months bank statements) as proof of income

If you are considered an employee, then it is quite likely the consulate will not consider your work permanent and will not sount your income.

I am consider an employee and my employer does withhold taxes and I just received a W-2.

I guess the best solution to this quandary is to get a permanent job or have this internship extended.

In either case, you guys have been wonderful, I really do appreciate all the knowledgeable responses. Just one last request from you all: Please wish and pray that I get a permanent job soon

[pushbrk 13,173]

This is true. Best not to say more than necessary but it is possible they can ask fiancee about this and I cannot recommend you tell her to lie.

Of course not. Generally when the financial documents look good and are reasonably current, there's no need to ask about it. The interview mostly is about the relationship bona fides. There are often questions about occupation, such as, "What does he do for a living?" If he's an out of work computer programmer the truthful answer is still, "He's a programmer." The same is true of any other profession or usual occupation. Only if they ask for the name of his current employer, must one disclose he temporarily doesn't have one.

Providing a document signed under penalty of perjury, which was when signed, completely true, is not an act of concealment. It is an act of truthful disclosure.