I-134 Tax Return Requirement

[daveandlirio 0]

I just re-read the I-134 and noticed that it states:

"if self-employed, I have attached a copy of my last income

tax return or report of commercial rating concern which I certify to be true and correct

to the best of my knowledge and belief"

Does this mean that a copy of the last year's tax return is not required if you are not self-employed? The only requirements I see in the instructions is a bank statement and an employer statement unless you are self-employed and then you have to submit a copy of your tax return. Am I reading this right?

Thanks

[YuAndDan 153]

Your interpretation is sound, glad to see some one actually reading the instructions on the form. However, you may want to have a copy of last years return with you just in case the interviewing officer wants to look at it, you could also just get a tax transcript from the IRS this helps also.

[homesick_american 1]

I would assume that a tax return is always required. The instructions are not written in the clearest of language but don't assume that they don't want to see your tax returns from at least the last three years.

[YuAndDan 153]

I would assume that a tax return is always required. The instructions are not written in the clearest of language but don't assume that they don't want to see your tax returns from at least the last three years.

Correct, it is always better to have more supporting evidence than less.

[daveandlirio 0]

Just found this entry from Manila's Packet 4 instructions:

"Submit your petitioner’s most recent U.S. Federal income tax return (Form 1040) and wage statements (Form W-2)."

So, I will submit my last year's tax return even though the I-134 does not require it. I guess this is probably an embassy specific issue.

Thanks again!

[Yodrak 7]

daveandlirio,

No, the instructions for I-134 do not mean that a tax return is not required if you are not self-employed. I-134 does not set forth the requirements for meeting the public charge provisions of the law, it is but one of a number of documents that can be use for that purpose.

Among others is, as you have discovered from your further research, past tax returns.

Yodrak

I just re-read the I-134 and noticed that it states:

"if self-employed, I have attached a copy of my last income

tax return or report of commercial rating concern which I certify to be true and correct

to the best of my knowledge and belief"

Does this mean that a copy of the last year's tax return is not required if you are not self-employed? The only requirements I see in the instructions is a bank statement and an employer statement unless you are self-employed and then you have to submit a copy of your tax return. Am I reading this right?

Thanks

[homesick_american 1]

I'd gather up tax returns from the last three years just to be safe. I had tax returns going all the way back to 2002 (four years) but as it turned out they were only interested in the 2005 return.

[aussiewench 9]

Your interpretation is sound, glad to see some one actually reading the instructions on the form. However, you may want to have a copy of last years return with you just in case the interviewing officer wants to look at it, you could also just get a tax transcript from the IRS this helps also.

Sound in regards to the I-134 instructions but not sound in regards to meeting the public charge requirements. The I-134 is only ONE thing that a conof may use to determine if the applicant will or wont become a public charge, hence why other documentation not included just in the I-134 instructions is often required. Its not just a matter of 'just in case' when it comes to tax returns, they are more often then not, requested. Consulates do vary in their requirements so it is always best to check with others going through the same consulate. eg Some request only the most recent tax return, others 3 years......some request 100% of poverty guidelines, some 125%.....etc.