Request Interview Information

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Hi, we received our NOA2 on December 1st and Packet 3 January 10 (in the Packet 3 letter from the HCMC Consulate, it said the interview would be scheduled in 1-3 months). Packet 3 submitted the next day. I was told by our attorney that with regards to finances, you need an official IRS Transcript (which is free; you can call the IRS and get it). I was also told we should include our tax returns for the past 3 years, W-2s from the past 3 years, and 1 year's worth of bank statements. In addition, I was told to get a letter from my employer (on their letterhead) which says how long I worked for them; what my status is (ie. full-time, permanent, contract, temporary, etc.), and my current salary.

[BinhJerome 14]

I thought they required the past year of bank statements. If not then I sent that in and showing a year of activity shows that you are not putting in a lot of money at one time and then pulling it out.

They do not require a past years worth of bank statements, they list a "CURRENT" bank statement signed and notorized by a bank officer, but not a years worth of bank statements, simply because a person can forge them with all the internet banking printouts and everything.

[BinhJerome 14]

Hi, we received our NOA2 on December 1st and Packet 3 January 10 (in the Packet 3 letter from the HCMC Consulate, it said the interview would be scheduled in 1-3 months). Packet 3 submitted the next day. I was told by our attorney that with regards to finances, you need an official IRS Transcript (which is free; you can call the IRS and get it). I was also told we should include our tax returns for the past 3 years, W-2s from the past 3 years, and 1 year's worth of bank statements. In addition, I was told to get a letter from my employer (on their letterhead) which says how long I worked for them; what my status is (ie. full-time, permanent, contract, temporary, etc.), and my current salary.

Yes all of those things are good things to include. The only thing that the consulate must accept is the official IRS transcript, as what you made 2 years ago is not supposed to have anything to do with the current visa application, even though we all feel the CO's do in fact look at past years earnings. The reason why they only accept the official IRS transcript is that is what clearly shows what you made last year.

I am not sure how many of you keep all your money or most of it in the bank, but I do, and there has been a time or two where I have taken money out to buy something, then got something different and put money back in the bank. The reason I mention this is that when I went to get my current bank statement my bank officer had to look at a years worth of bank statements before she would sign off with her signature, and it showed that I had deposited far more than what I had made which I though was kinda odd, then I started to look into it and seen why it was like that. Other reasons were for me to cash peoples pay checks, they would deposit their check into my account because they didnt have an account, and then I would take cash out, but since the check was not in my name it had to be "deposited" into my account.

These are the reasons that the website shows an Official IRS transcript, and this is why some people have had it listed on their BLUE slips requesting more information

You CAN submit anything you like, anything your lawyer tells you to submit, either a current bank statement, 3 years worth of returns and w-2's, but the thing they accept is the Official IRS transcript, they might look at everything else and believe, but they do NOT have to, this is the choice of the CO, my friend who is a CO has even told they are told NOT to look at the other things because of the possibility they might be made, but he even says that the CO really does what the CO wants, and some CO's do in fact look at past year tax returns as well as yearly bank statements. Jerome

[luckytxn 2,265]

Guess them saying and asking for a years worth is meaningless then. Surprised I was able to get a visa.

[BinhJerome 14]

Guess them saying and asking for a years worth is meaningless then. Surprised I was able to get a visa.

I think you already know the answer to that one, your pink was ready before you ever submitted the evidence, think about it. Look at the guides on what is accepted as "Proof" and it states an OFFICIAL IRS tax transcript, it does not say 1 years worth of bank statements, it says "current" bank statement, and last years w-2. What is required, and what they ask for are different things, do you have a copy of your blue where they specifically asked for 1 years worth of bank statements? I just talked to my friend yesterday about this simply because I had been following this thread, and his exact words are the only things they are supposed to look at is an official IRS tax transcript, and most people submit far more than simply that, sometimes they might not ask for the IRS transcript because people have submitted other things such as one years worth of bank statements, but to prove income one years worth of bank statements are not legitimate and exact, simply because of how people deposit and withdraw money, there is no way to prove it was all income and not any way to prove they were not cashing checks for people just to make it look like they made more.

Case in point, my friend denied a person last year for this same reason. The benificary submitted 1 years worth of bank statements showing total deposits of over 90k the petitioners w-2's (from 3 companies) showed total income of only 26k gross, and on his affadavit of support he said he made over 90k because his bank showed that, well through investigation his official IRS transcript showed he only made 26k. He has also said this has happened to many other CO's.

Once again, Lucky, didnt you get the pink when you went in to submit?? So to me it sounds like they did request something that was meaningless Jerome

[luckytxn 2,265]

Instructions for the I-134

Execution of Affadavit

A seperate affidavit must be submitted for each person. You, as the sponsor, must sign the affidavit in your full, true and correct name. You are signing this form under penalty of perjury under U.S. law.

Supporting evidence

The sponsor must submit, in duplicate, evidence of income and resources, as appropriate.

A. Statement from an officer of the bank or other financial institution in which you have deposits giving the following details regarding your account:

• date account opened
• total amount deposited for the past year
• present balance

I highlighted the part that says why you need a full year. Of course the key word is where it says to submite this AS APPROPRIATE.

[luckytxn 2,265]

Also I wanted to add that I made way more than needed on income but I of course went ahead and sent them every asset I had just because I could and wanted to and to show that I was OK pretty much financially. I also sent a copy of the deed to my house and also a copy of the deeds to 3 pieces of property I own. I also sent statements of 2 separate IRA's I had. I believe I had sent a couple of other assets also I had back then. I know I didn't need to do all this as I made plenty of income but did it anyway. If you do need to and are sending the bank statement then I would do as the instructions say and send the past year so that you can show the whole past year of deposits as the instructions say to do so.

I knew I had some red flags and I decided to try to create some green flags for myself. Again I have no idea if this helped but I decided it would not hurt.

Edited February 10, 2011 by luckytxn

[JimVaPhuong 4,863]

Instructions for the I-134

Execution of Affadavit

A seperate affidavit must be submitted for each person. You, as the sponsor, must sign the affidavit in your full, true and correct name. You are signing this form under penalty of perjury under U.S. law.

Supporting evidence

The sponsor must submit, in duplicate, evidence of income and resources, as appropriate.

A. Statement from an officer of the bank or other financial institution in which you have deposits giving the following details regarding your account:

• date account opened
• total amount deposited for the past year
• present balance

I highlighted the part that says why you need a full year. Of course the key word is where it says to submite this AS APPROPRIATE.

You're aware that you're quoting instructions from USCIS, right? The I-134 is a USCIS form. Department of State isn't required to follow those instructions, and they rarely do. They use the I-134 simply because it's convenient.

The I-134 also says it obligates the sponsor under the Social Security Act and the Food Stamp Act. It doesn't obligate the sponsor under either of these. It also says it's an "undertaking" under section 213 of the INA. It's not.

The consulate gives instructions with packet 4 regarding what evidence they want with the I-134. They specifically ask for an IRS transcript, but say they'll accept a copy of a tax return in some cases. Nowhere do they say that you're required to submit bank statements.

I submitted tax transcripts and a letter of employment. No assets. No bank statements.

[utst10 0]

Use some common sense here.

Submit what will be "in the mind of the CO" valid claims to justify that your significant other will not be a public charge!

For a IR/CR-1, all I submitted was my company letter stating what I am making and the tax papers I filed (which included my W-2). Not the official tax transcript.

To me, with the company letter (with letter head and signed by the company HR) and the W-2, they can easily check the governmental agency to see if I was telling the truth or not.

That's what NVC is for...verifications. The more "stuff" you send in, the more complicated things get! K-I-S-S (Keep It Simple Stupid)

[luckytxn 2,265]

You're aware that you're quoting instructions from USCIS, right? The I-134 is a USCIS form. Department of State isn't required to follow those instructions, and they rarely do. They use the I-134 simply because it's convenient.

The I-134 also says it obligates the sponsor under the Social Security Act and the Food Stamp Act. It doesn't obligate the sponsor under either of these. It also says it's an "undertaking" under section 213 of the INA. It's not.

The consulate gives instructions with packet 4 regarding what evidence they want with the I-134. They specifically ask for an IRS transcript, but say they'll accept a copy of a tax return in some cases. Nowhere do they say that you're required to submit bank statements.

I submitted tax transcripts and a letter of employment. No assets. No bank statements.

Yes and since I was asked to use the form I decided to do as the instructions say to do so. The consulate also does not have a requirement to turn in a timeline but we do that as they want it.

[BinhJerome 14]

Instructions for the I-134

Execution of Affadavit

A seperate affidavit must be submitted for each person. You, as the sponsor, must sign the affidavit in your full, true and correct name. You are signing this form under penalty of perjury under U.S. law.

Supporting evidence

The sponsor must submit, in duplicate, evidence of income and resources, as appropriate.

A. Statement from an officer of the bank or other financial institution in which you have deposits giving the following details regarding your account:

• date account opened
• total amount deposited for the past year
• present balance

I highlighted the part that says why you need a full year. Of course the key word is where it says to submite this AS APPROPRIATE.

YES READ IT!!!!!!!!!!! It does NOT say a years worth of bank statements. THANK YOU for posting this. When the bank officer fills out a letter with ALL of those things located she will write out a paper telling the CO how much money was deposited for the entire year, and the present balance. Remember me saying in my post that my deposits totaled more than what I made??????? The statement you posted is for the Bank officer to fill out with that information being what is wanted and needed. Thanks Lucky, you proved my point it does NOT say 1 years worth of bank statements, simply the TOTAL AMOUNT deposited which is what a bank officer would sign and then you would have notorized.

Edited February 11, 2011 by jeromebinh

[luckytxn 2,265]

YES READ IT!!!!!!!!!!! It does NOT say a years worth of bank statements. THANK YOU for posting this. When the bank officer fills out a letter with ALL of those things located she will write out a paper telling the CO how much money was deposited for the entire year, and the present balance. Remember me saying in my post that my deposits totaled more than what I made??????? The statement you posted is for the Bank officer to fill out with that information being what is wanted and needed. Thanks Lucky, you proved my point it does NOT say 1 years worth of bank statements, simply the TOTAL AMOUNT deposited which is what a bank officer would sign and then you would have notorized.

The letter I got from the bank stating when I started my account and the present balance did not have all the deposits for the past year. I had to download the past year statements to get them. Each bank will be different I am sure. When I got the letter I was told to download the statements and how to do so. If the bank letter has the info then don't do it. There is no need to notarize as I am not signing this letter and a notary only does it to verify a signature.

Now I will state again. I sent in a lot more than I needed to do on the financial stuff. I did this to create a positive flag for myself. I had quite a few red flags so I decided on my own to show a strong financial footing on my part to show that there was little incentive to engage in fraud financially at least.

Of course anyone can do as they see fit. I have gotten my visa even with quite a few red flags. I did get a blue slip but after turning in the requested timeline and list of relatives about a week later and earlier than they said to bring it in. The visa was waiting for my babe when she came to turn in the additional info.