I-134 help !!

[jlee 2]

Hello Visajourney !!

I posted this previously in the wrong forum (K-1) instead of here where my packet is at the moment. Basically my question is as follows:

I am currently a 2LT in the U.S Army. In school, I make around 5-6k a month, and once I graduate on 30 Sep 2010, I go off into my unit at FT. Campbell making a bit less (I don't receive as much for housing since my addresses will be different now). I would basically make around 48-55k a year, not counting how much more I would make next year during deployment.

For the I-134 it is asking me for my Filed income taxes of the Previous year, as opposed to what I've been reading where you needed the previous 3 years? Secondly, my income taxes show that I made less than what my poverty line is (I was a college student with a small job and wasn't making what I make now).

Should I have a co-sponsor (mother)? Should I bring any documents displaying my military status and pay (previous pay stubs from the Army)? Any other tips, hints that you can help with?

Thank you!

Edited September 12, 2010 by jlee

[JimVaPhuong 4,863]

Hello Visajourney !!

I posted this previously in the wrong forum (K-1) instead of here where my packet is at the moment. Basically my question is as follows:

I am currently a 2LT in the U.S Army. In school, I make around 5-6k a month, and once I graduate on 30 Sep 2010, I go off into my unit at FT. Campbell making a bit less (I don't receive as much for housing since my addresses will be different now). I would basically make around 48-55k a year, not counting how much more I would make next year during deployment.

For the I-134 it is asking me for my Filed income taxes of the Previous year, as opposed to what I've been reading where you needed the previous 3 years? Secondly, my income taxes show that I made less than what my poverty line is (I was a college student with a small job and wasn't making what I make now).

Should I have a co-sponsor (mother)? Should I bring any documents displaying my military status and pay (previous pay stubs from the Army)? Any other tips, hints that you can help with?

Thank you!

Welcome to VJ, Lieutenant!

With the I-134 you must provide whatever the consulate asks for. Ignore the instructions for the form re. what evidence to provide. The instructions were written by USCIS, which rarely uses the form anymore. Consulates use it for screening applicants for the 'public charge' requirement, and Department of State has their own rules. The consulate will usually provide instructions with packets 3 and 4 they send to the beneficiary. You can probably get a copy of either of these instruction packets by sending an email to the consulate.

At the least, they will want either a copy of your most recent tax return or an IRS transcript of that return. I recommend getting the transcript. It doesn't cost anything, you'll get it in less than two weeks, and you don't need to include anything else - W2's, etc - when you submit a transcript. You can also include a letter from your CO's office to confirm that you are employed (active duty military), and copies of your LES to confirm your current income. While your tax return may not show sufficient income, your LES will. When you fill out the form, compute your annualized income based on the monthly LES total income (before any deductions), and enter that amount on the form.

I don't think you'll need a co-sponsor.

Your post may have an immigration liaison office that can help you with the forms at no cost.

[jlee 2]

THANK YOU for your help !!

Well, currently I'm still in Basic Officer Leadership School (BOLC) and I don't graduate until September 30th. So as far as having a "REAL" CO I don't since this is "TRADOC" (schooling). However, I can wait till I graduate and get on post though to get this done, since I'm sure my fiancee still has to get all her stuff situated in Nicaragua.

Secondly, I received a copy of my W2 via H&R BLOCK since I E-filed it. Will this E-File copy be enough (and is this considered the Transcript)? It basically has my "E-PIN" signature of the copy as well as the W2 with all my info (I have the W2's as well to back it up). Anything else I need or should i grab another Transcript straight from IRS as opposed to this copy from HR BLOCK?

Thank you !!!

[jlee 2]

Oh and as far as the packet, this is what it says:

The beneficiary must have the Affidavit of Support (I-134) and the file income tax returns of the sponsor for the recent year, even if the sponsor does not meet the poverty guidelines. If the sponsor does not have or has not filed his/her incomes taxes, he/she will have to present a copy of the law excluding the sponsor from filing any taxes or a letter explaining why he/she has not filed the required tax returns.

If the sponsor does not meet the minimum required to support the immigrants and members of his household, he/she will need to obtain a second sponsor; the second sponsor will have to fill out an Affidavit of Support (I-134), include a copy of his/her U.S. passport, and income tax return of recent year.

Also a copy of my Passport alongside with it.

So as far as having bank statements, etc... I do not have to worry about it correct?

Edited September 13, 2010 by jlee

[JimVaPhuong 4,863]

If the eFile copy looks like a complete tax return, including all forms and schedules, plus copies of W2's, 1099's, whatever else you'd be required to send with a paper return - then yes, it will do. If it's little more than a receipt printed in H&R Block summary format, then no - it won't do. It's not the same as an IRS transcript.

You can look here for instructions on getting a copy of your tax return transcript:

http://www.irs.gov/taxtopics/tc156.html

I recommend calling the 800 number as it's a lot faster than mailing a request. Also, be sure to ask for a tax RETURN transcript, and not a tax ACCOUNT transcript. The latter is only a summary of your tax account. The former is a line-by-line listing of the numbers filed with your tax return. You'll need to know your social security number and your AGI from the tax return (for identification purposes).

You have sufficient income. You don't need bank account statements, nor do you need to declare assets. Consular officers do have some discretion when making the "public charge" determination, but it's very unlikely they would deny you based solely on your previous year's tax return when you have evidence that your current earnings are more than sufficient, and that you will very likely have sufficient income for the foreseeable future. Ability to maintain income is the main thing they are required to look for. You pretty much have a guaranteed job for the next few years. I think you'll be fine.

[jlee 2]

Ok good good. Well the hr block tax return has two page summary and the rest look like w2's with lines and numbers with the title "joint filer" or something if that nature.

As far as what you said I think I'm golden then with only providing the w2 of last year then and my passport. Awesome!

[Dodi 69]

Jim, you're always full of useful information! I was under the impression that the tax transcript cost the same as a complete copy of your tax return, somewhere around the $45+ range! That's really good to know, as my only copies of my 2008 return were destroyed!