Brasil Consulate I-134 FYI

[Ana and Dan 0]

Ana received her Packet 3 several days ago. Just thought I'd share what one of the forms had to say in regard to the I-134....this has probably been rehashed over and over again, but I learned something new again...the petitioner must prove his/her US citizenship once again....jeez, you would have thunk they would have already established the petitioner was a US citizen in the petition phase....anyway here ya go if you're interested.

PLEASE READ THIS FIRST

This page describes the two most common mistakes that immigrant visa applicants make in preparing for their interviews:

Affidavit of Support I-864/I-134: For many people this is the most complicated part of the immigrant visa process. Please note the the following instructions.

1. The Affidavit of Support must be signed.

2. The person who files the Affidavit of Support must submit the following:

American federal income tax return from the most recent year. W-2 forms are not accepted, nor are the state income tax returns. If the petitioner was exempt from filing the income tax during any year, a letter explaining why must be included. If the petitioner has not yet filed a federal income tax return for the most recent year, then tax return from the last year prior to the most recent year must be submitted and the extension filed for the last year's income tax. A letter confirming the employment of the petitioner, written on the letterhead of the employer. The letter should include dates of employment and current salary. If self-employed, please submit proof of your business. (This is not mandatory, but may be requested.) Proof of citizenship or legal permanent residence. A copy of the American passport or green card will suffice.

3. If the petitioner does not meet the minimum income requirements, a joint sponsor will need to file an Affidavit of Support and all supporting ducuments. However, the petitioner still must file an Affidavit of Support and submit supporting documents even when a joint sponsor is need.

By the following these instructions thoroughly, you will avoid the most common mistakes in the immigrant visa process.

Edited September 30, 2006 by Ana and Dan

[YuAndDan 153]

Very useful info! Thanks!

[Alex+R 0]

Good to read that. I am a little vague on the details of this I-134 but it's time for me to start working on it!

[Mew 0]

FYI, they kept my fiance's tax returns *and* the W-2.

[TracyLuis 0]

Silly question, perhaps...but is a tax "return" the same as the tax "transcript"? I just want to be very clear on that.

[Mew 0]

Silly question, perhaps...but is a tax "return" the same as the tax "transcript"? I just want to be very clear on that.

No, tax returns are the forms filled out and filed (the USC should have copies of that) and a transcript is a summarized form of the information on the tax returns filed.

A tax return transcript shows most line items from your tax return (Form 1040, 1040A or 1040EZ) as it was originally filed, including any accompanying forms and schedules. It does not reflect any changes you, your representative or the IRS made after the return was filed. In many cases, a return transcript will meet the requirements of lending institutions such as those offering mortgages and for applying for student loans.

http://www.irs.gov/individuals/article/0,,id=110571,00.html

[bora bora 1]

As far as our tax forms,

So we are just supposed to send the exact forms - well, copies - of what we sent to the IRS for the last 3 years?

No W-2s...just the what we sent to the IRS, correct?

[Mew 0]

As far as our tax forms,

So we are just supposed to send the exact forms - well, copies - of what we sent to the IRS for the last 3 years?

No W-2s...just the what we sent to the IRS, correct?

I brought:

- copy of last federal and state tax returns and W-2;

- bank statement;

- letter of employment + pay stubs.

They kept the last tax returns and the W-2 and everything else was given back to me. No need to bring the copies of tax returns filed in the last 3 years, just the latest tax returns. According to the instructions, only the federal tax returns are needed though.

Edited October 1, 2006 by Mew

[bora bora 1]

The letter that was received above read:

"American federal income tax return from the most recent year. W-2 forms are not accepted, nor are the state income tax returns"

Does this mean that the W2s are not accepted in place of the tax returns?

It also says not to send state tax returns.

However, I should send them?

I only have state taxes from when I lived in New York because Florida doesn't do that.

I can send a bank statement showing when I opened my account and how much money has flowed through there since, correct?

How many pay stubs and why did you have them? More proof?

I was going to include a letter about why I made less money in the past (because I was a college student and living in Brasil) vs why my income is more now.

What you said was very different from what that letter states..

How come?

[Mew 0]

The letter that was received above read:

"American federal income tax return from the most recent year. W-2 forms are not accepted, nor are the state income tax returns"

Does this mean that the W2s are not accepted in place of the tax returns?

It also says not to send state tax returns.

However, I should send them?

I only have state taxes from when I lived in New York because Florida doesn't do that.

I know. The way I understand it, W-2s are not accepted in place of tax returns. Others will disagree.

I don't know if you should send state returns, I brought them with me because my fiance had sent them to me and the federal and state returns, and the W-2 were stapled together. And they kept everything. I wouldn't worry about the state returns, though.

I can send a bank statement showing when I opened my account and how much money has flowed through there since, correct?

How many pay stubs and why did you have them? More proof?

Yes, correct. You can send a bank statement - as per I-134 instructions. Will the consulate keep it? That's the question. They didn't keep the one I brought.

I had the latest 6 pay stubs attached to the employment letter. They didn't keep any of those.

I was going to include a letter about why I made less money in the past (because I was a college student and living in Brasil) vs why my income is more now.

Some other people have e-mailed the consulate to ask about which supporting documents to bring and they said they should bring the last tax returns. They make a point in having those and they consider them "primary evidence", apparently. Personally, I think it's not the best way to determine whether the petitioner is in a situation to support the applicant, but what do I know? I mean, the petitioner's situation may have changed for the better or for the worse, and that's when the other supporting documents would come into play.

I don't know if they only kept copies of tax returns and W-2 because they showed my fiance was 125% above the poverty guidelines, so they wouldn't even need to see the other documents I brought. Who knows?

What you said was very different from what that letter states..

How come?

Actually, the instructions I got in packet 3 (or 4, can't remember) were different from the one posted here. So, what I did was get all supporting documents mentioned on I-134 (tax returns, bank and employment letter). Also, the consulate has not exactly given consistent answers to people when they e-mail to ask about it. You can try and e-mail them and ask about your specific circumstances. If you didn't make money enought to be 125% above the PG last year (I assumed you were still in college), then they'll either tell you to bring more supporting documents or get a joint sponsor. Or not. I don't think their staff is educated enough on these matters. For example, rlt's called them to know about W-2s and they said that income stated on the tax returns should be identical to the amount on the W-2. So... there you go. They don't even know the difference between salary and income...

Edited October 1, 2006 by Mew

[bora bora 1]

Oh Lord, hahaha

I will just send my tax returns for the last 3 years (my W2s are also stapled to everything) for both federal and state (from NY only). Better to be safe than sorry.

My brother-in-law is an account and he can hook me up with everything.

I will also ask my bank for a statement how much money I've had in my account since I opened it.

I believe that by the the time I need to send my affidavit of support I'll have a tax return showing my current salary. But I will send a letter explaining why the 2 years before that my salary was less - I have proof I was in college and then in Brasil.

My current salary is far enough above the poverty line (which is very low) that I won't need a co-sponsor.

Thanks for your help!

I hope this helps someone else...

Take care.

[Mew 0]

The one thing we all agree on is that only the last tax returns are needed, and not the last 3. But... send them if you'll feel more comfortable.

Also, the instructions posted above say:

2. ... A letter confirming the employment of the petitioner, written on the letterhead of the employer. The letter should include dates of employment and current salary. ...

So... I don't know. They're kind of confused there.

Edited October 1, 2006 by Mew

[Erik 0]

I sent 3 years of Tax Transcripts, Last years W-2, Letter from Employer, and 2 Pay Stubs... I'm hoping this will be enough (I didn't do the Bank Letter, because my income is well above the poverty guidelines).

Edited October 2, 2006 by Erik

[195 1]

You guys do all of this stuff from the US? Or Brazil? Where do you submit this exactly? I have these forms in Brazil right now but I will be back in the US when she goes for her visa interview. I would prefer to "file" these myself if I can. Where do I do it?

Thanks!

[Mew 0]

You guys do all of this stuff from the US? Or Brazil? Where do you submit this exactly? I have these forms in Brazil right now but I will be back in the US when she goes for her visa interview. I would prefer to "file" these myself if I can. Where do I do it?

Thanks!

The petitioner send I-134 and the supporting documents from the US and the beneficiary brings the documents for the interview, with all the other documents asked for.

Edited October 10, 2006 by Mew