I-134: where does it say you need 3 years of tax info?

[Kate&Sieg 0]

HI everyone,

In reviewing the posts on the I-134, everyone seems to be saying you need to provide 3 years of financial info -- or specifically 3 years of tax returns. But on the official instructions it doesn't say anything about providing 3 years of info. Can someone please clarify this to me?

Thanks

Kate

Edited March 23, 2010 by Kate&Sieg

[Rebecca Jo 1,962]

Read those instructions really closely and analytically.

There's actually no single document listed as mandatory as correlative to proving income.

If a consulate utilizes the form, it will have it's own requirments as to which documents substantiate income.

Few consulates require three years of 1040 as mandatory (New Delhi being one which does).

*edited for typing at work *

Edited March 23, 2010 by JohnnyQuest

[baron555 934]

HI everyone,

In reviewing the posts on the I-134, everyone seems to be saying you need to provide 3 years of financial info -- or specifically 3 years of tax returns. But on the official instructions it doesn't say anything about providing 3 years of info. Can someone please clarify this to me?

Thanks

Kate

It doesn't. The suggestion here is the culminated actual real-life experience of what has been a success for many others before your case. Only you can make your own decision.

[HeatDeath 430]

I-134's are affidavits of support intended for holders of nonimmigrant visas. I-864's are affidavits of support for holders of immigrant visas. K-1 visas, while technically nonimmigrant visas (and therefore using the I-134) are a weird hybrid of nonimmigrant and immigrant visa. The consulate knows that anyone applying for a K-1 is in all likelihood going to be an immigrant, even if they are not technically one at that moment. All K-1 holders will eventually have to obtain an I-864 anyways, for the AOS process.

The documentation and evidence required for an I-864 is a superset of the documentation and evidence required for an I-134, which is to say that the I-864 requires everything the I-134 requires and more.

Taken all together, what this means is that it is generally considered a good idea, when applying for a K-1, to include, in addition to all of the required documentation and evidence for the I-134, any additional documentation and evidence required for the I-864 as well. This reassures the consulate that you are meeting the evidentiary and documentary standards for an immigrant visa, and will later be able to meet those same standards for your eventual AOS process. It also saves you time later on - assembling the I-864 for your AOS will be much easier, as you will already have gathered the necessary material.

So read the instructions for both the I-134 and the I-864, and bring to the interview everything you would need for both forms [even though you aren't actually bringing an I-864 to the interview, just it's documentation and evidence].

Make sense?

[Kate&Sieg 0]

I-134's are affidavits of support intended for holders of nonimmigrant visas. I-864's are affidavits of support for holders of immigrant visas. K-1 visas, while technically nonimmigrant visas (and therefore using the I-134) are a weird hybrid of nonimmigrant and immigrant visa. The consulate knows that anyone applying for a K-1 is in all likelihood going to be an immigrant, even if they are not technically one at that moment. All K-1 holders will eventually have to obtain an I-864 anyways, for the AOS process.

The documentation and evidence required for an I-864 is a superset of the documentation and evidence required for an I-134, which is to say that the I-864 requires everything the I-134 requires and more.

Taken all together, what this means is that it is generally considered a good idea, when applying for a K-1, to include, in addition to all of the required documentation and evidence for the I-134, any additional documentation and evidence required for the I-864 as well. This reassures the consulate that you are meeting the evidentiary and documentary standards for an immigrant visa, and will later be able to meet those same standards for your eventual AOS process. It also saves you time later on - assembling the I-864 for your AOS will be much easier, as you will already have gathered the necessary material.

So read the instructions for both the I-134 and the I-864, and bring to the interview everything you would need for both forms [even though you aren't actually bringing an I-864 to the interview, just it's documentation and evidence].

Make sense?

Thanks so much for responding, I really appreciate it. I am overwhelmed by the process. I don't understand why I would have to bring more than what they are asking in the official instructions -- there is no mention of the I-864. I hear what you are saying, but do you think I will be penalized for just meeting the requirements as stated and not going above and beyond what they are asking for? Also, my fiance will be going to the interview alone, so I think it would overwhelm him to explain why we have all this extra documentation when they didn't ask for it. Let me know what you think. and THANKS, so very much!! I don't know how I would be dealing with this without support of this forum.

Kate

[katie & sifa 25]

It will also vary by consulate - check with other people who have gone through France. When my fiance & I went to his interview they didn't care about anything except my employer letter and paycheck stubs - they didn't even look at the tax returns or bank statements I brought along at all. HOWEVER, if it's easy for you to get your tax transcripts for the last 3 years & any other documentation they might ask for then why not?

In the end it's better to be over prepared & have anything you think they MIGHT ask for instead of getting to the interview and they ask to see these things & he doesn't have them. We carried POUNDS of extra documentation to the interview and were only asked for the basic paperwork in packet 3, the I-134 + paycheck stubs & employer letter, and some pictures of the 2 of us together. That was only a fraction of what we had! But we had no regrets about lugging it all to the Embassy. What if they HAD asked for it & it was at home? Bad news.

[VanessaTony 3,567]

Thanks so much for responding, I really appreciate it. I am overwhelmed by the process. I don't understand why I would have to bring more than what they are asking in the official instructions -- there is no mention of the I-864. I hear what you are saying, but do you think I will be penalized for just meeting the requirements as stated and not going above and beyond what they are asking for? Also, my fiance will be going to the interview alone, so I think it would overwhelm him to explain why we have all this extra documentation when they didn't ask for it. Let me know what you think. and THANKS, so very much!! I don't know how I would be dealing with this without support of this forum.

Kate

You should check your countries requirements. Australia for example DOES NOT and DID NOT require tax returns and we did not supply them. We passed with flying colours and no issues or RFE's. There are some other countries (like the UK I believe) that has it in their instructions (not the form instructions, the K1 instructions from the UK) that tax returns are needed so while it's not a FORM requirement in the UK, it is a UK requirement when applying for a K1 to the US.

Your Packet 3 instructions should mention it, but as stated by others, you WILL need the tax returns for the I-864 so getting a hold of them now as opposed to later would be beneficial. It certainly can't hurt to have them "just in case".

I accessed your consulte info here: http://www.visajourney.com/consulates/index.php?ctry=France&cty=Paris which gave me this Packet 3 link here: http://travel.state.gov/pdf/pk3_supplements/PRS-PKT3-ENGL-0001-0809.pdf

Edited March 23, 2010 by Vanessa&Tony

[Kate&Sieg 0]

You should check your countries requirements. Australia for example DOES NOT and DID NOT require tax returns and we did not supply them. We passed with flying colours and no issues or RFE's. There are some other countries (like the UK I believe) that has it in their instructions (not the form instructions, the K1 instructions from the UK) that tax returns are needed.

where do you find the instructions by country? i just have a general set of instructions for the I-134.

[VanessaTony 3,567]

where do you find the instructions by country? i just have a general set of instructions for the I-134.

I edited my post with the links. You replied before I hit submit so I didn't see your qn first

It looks like Paris sees the K1 as an immigrant visa and so they expect the I-864 to be submitted and the evidence for the I-864.

As i didn't process through Paris I don't know this for sure, just based on posted info, SO please make sure you get the info for both "just in case" and then when you receive P3 it will be tailored to your case and you will have the information needed no matter what they request.

Edited March 23, 2010 by Vanessa&Tony

[Anh map 2,098]

Check with the VJ members that have recently gone through the K1 interview Paris for packet 3 info and expectations for the affidavit of support.

Here is a post from December 09 where a member discusses their interview. They do mention the petitioner's I-134 being reviewed. http://www.visajourney.com/forums/topic/231921-interview-at-the-paris-consulate-france/page__p__3686089__hl__paris%20i-134__fromsearch__1entry3686089

[DanielParul 50]

Document requirements are very specific to whatever your CO wants to see. Its a case of better to be prepared than to not have one in case they ask for any document.

[HeatDeath 430]

Agreed. You need to check what other people going through Paris have had to do. As I recall, for Vancouver Canada, the consulate instructions were vague as whether even the I-134 was required. They say you need to bring "proof that you will not become a public charge in the US" (or words to that effect), and they suggest the I-134, but I don't believe the written instructions stated that one was required. Now what the consular officer thinks is required, that is another question altogether.

[Gary and Alla 3,694]

HI everyone,

In reviewing the posts on the I-134, everyone seems to be saying you need to provide 3 years of financial info -- or specifically 3 years of tax returns. But on the official instructions it doesn't say anything about providing 3 years of info. Can someone please clarify this to me?

Thanks

Kate

It doesn't. You don't. I have no clue where that comes from. I never provided more than one year tax returns for any purpose in this process.

IF a person has been self employed for some time, and IF it makes his case look better to present three years tax returns, then do so. Otherwise it is a waste of paper and time.

[Rebecca Jo 1,962]

I edited my post with the links. You replied before I hit submit so I didn't see your qn first

It looks like Paris sees the K1 as an immigrant visa and so they expect the I-864 to be submitted and the evidence for the I-864.

As i didn't process through Paris I don't know this for sure, just based on posted info, SO please make sure you get the info for both "just in case" and then when you receive P3 it will be tailored to your case and you will have the information needed no matter what they request.

I think this may be wrong, Vanessa.

Just because a consulate processes the K1 through their immigrant visa unit does not automatically mean they will require an I-864. London also processes all K1's through their visa immigrant unit but relies on the I134.

I've never heard of a consulate using the I864 for the K1, although there are unsubstantiated urban legends about the practice.

[Kate&Sieg 0]

I think this may be wrong, Vanessa.

Just because a consulate processes the K1 through their immigrant visa unit does not automatically mean they will require an I-864. London also processes all K1's through their visa immigrant unit but relies on the I134.

I've never heard of a consulate using the I864 for the K1, although there are unsubstantiated urban legends about the practice.

thanks for the advice -- so confusing! i am so worried about not having enough proof. i hope that taxes, letter from employer, pay stubs and letter from bank stating savings is enough.