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I-134 Supporting Documents?

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Filed: K-1 Visa Country: Australia
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Hi all, hope I'm not driving anyone crazy with all these questions. :blush:

I'm working on the I-134 for my fiance and for our cosponsor, and have been doing a search to find out what supporting documents we need. So I get from the I-134 instructions that each of them needs to provide:

- statement from the bank showing date account was opened, total amount deposited for the past year, and present balance.

- statement from employer showing date and nature of employment, salary, whether position is permanent or temporary.

- if self-employed, copy of last income tax return filed.

Now on reading posts from VJ, I also hear people saying that we need:

- tax returns (or tax transcripts... or both...?) for the previous year - whether self-employed or not.

- some say you need 3 years' worth of tax returns (or transcripts).

- something called a W2... as in, 'Petitioner's most recent U.S. Federal Tax Returns 1040 with most recent W2s'

- pay stubs - some say 'a few', others say 3 to 6 months' worth.

- proof of citizenship - copy of birth certificate, passport, or naturalisation certificate

I'd love it if some of you could tell me what you actually sent in. Not sure if some of this is due to different countries having different requirements again. Feeling a little bit mind-boggled just at the moment, lol! :blink:

Thanks for any ideas/advice/pats on the head/encouraging thoughts.

(F)

Riss

Feb 24, 2012 - NOA1

Sep 5, 2012 - RFE

Oct 22, 2012 - RFE reply sent

Nov 5, 2012 - NOA2

Nov 27, 2012 - Packet 3 received

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I made this post recently as I was also very confused. I sent them another email requesting specific advice on what to submit, but I still haven't heard back from them. So at this stage we have just submitted his Employment letter. Josh doesn't get "official" pay slips, but he is going to send me the best he can to verify his income. I am going to attend the interview with what we have, as well as the emails I have received from the Consulate in regard to the matter and just pray that we will be alright. I don't understand why they just won't tell me what they need, instead of repeatedly telling me to refer to the instructions....because, as you can see from what I have written below, I have provided them with what they need according to the instructions. Probably haven't helped you much, but I can relate to your confusion!!

Ok, this is driving me nuts

I have copied here exactly what the I-134 instructions says

As the sponsor, you must show that you have sufficient income or resources to assure that the alien you are sponsoring will not become a public charge while in the United States.

Evidence should consist of copies of any of the documents listed below that applies to your situation.

Failure to provide evidence of sufficient income or financial resources may result in the denial of the alien's application for a Visa or his or her removal from the United States.

Submit in duplicate evidence of income and resources as appropriate.

A. Statement from an Officer of the Bank or Financial Institutions with deposits, identifying the following details regarding the account.

1. Date account opened

2. Total amount deposited for the past year

3. Present Balance

B. Statements(s) of your Employer on Business Stationary showing

1. Date and Nature of Employment

2. Salary Paid and

3. Whether the Position is Temporary or Permanent

C. If Self Employed

1. Copy of last income tax return filed or

2. Report of Commercial rating concern

My Fiance is sponsoring me based on his income. He is not supporting me based on his assets (of which he essentially has none) and he is not self employed. So following the instructions which say "evidence should consist of copies of any of the documents below that applies to your situation AND show "evidence of income and resources as appropriate".

So therefore, I am of the understanding that we are to provide a Letter from his Employer. So in my Pkt 3 I sent 2 original copies of the I-134 signed by my Fiance and 2 original letters from my Fiance's Employer stating the date he started, his salary and that the position is permanent. It doesn't say anywhere in the instructions that we need to provide more than that. So, I received my Pkt 4 yesterday and they have said "please provide original documents as supporting evidence for the I-134. Refer to instructions for what is required". So I did, again, and I still can't figure out what else they require.

I sent them an email to say I have already sent the I-134 and supporting documents and I have no other copies other than the originals that I already sent. Their response to me today was "You provided the completed I-134 and Employment letter, please refer to the I-134 instructions for Supporting evidence. Why can't they just tell me what it is they need, because I can't see from the instructions what it is we have left out???

As far as I can see I have followed their instructions, verbatim, is there anything that I am missing that you guys can see? I am stumped.

Thanks

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I have copies of his original birth cert and divorce decree in case they request them at the interview. We didn't submit anything to do with tax or bank statements.

Edited by JEC777
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Filed: K-1 Visa Country: Australia
Timeline

Can anybody else weigh in on this? It would be great to hear from some of you guys who have already had your i-134s/visas approved.

(F)

Riss

JEC, best of luck for your interview! I hope it all goes beautifully for you.

Feb 24, 2012 - NOA1

Sep 5, 2012 - RFE

Oct 22, 2012 - RFE reply sent

Nov 5, 2012 - NOA2

Nov 27, 2012 - Packet 3 received

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Here is my understanding of the I-134. It is a non-binding document that is used as preliminary proof that the visa applicant's sponsor/s (your US fiance and co-sponsor if being used) will be willing and able to submit the I-864 when you eventually apply for AOS. The sponsor just needs to prove his/her case that they will have enough income and/or assets to meet the requirements of the I-864. Different consulates probably require different supporting evidence. There is no hard and fast list of what is required (unlike the I-864). Some people use the list of things that are needed for the I-864. I would suggest bring as much as you can get, follow the I-134 instructions, as you can get your hands on, but don't worry too much.

My experience of the I-134 is this: When I filled it in and sent it to the consulate, I didn't read the instructions very closely. Then later on I read them more closely and realised I didn't submit a lot of what was mentioned. I think I had only included tax transcripts and some pay slips. I panicked and had my fiance scan and send me things like letters from the bank and his workplace, and brought them with me on the day of my interview. The consulate wouldn't let me submit anything new, and I was approved. I think that for Sydney at least, they need a signature from the US citizen sponsor and some kind of supporting evidence that proves the income that is listed in the form. However if your US citizen sponsor's is close to the poverty line, or if it is below and you are using a co-sponsor, I would say that the burden of proof may be higher, but that is just my guess.

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Filed: Citizen (apr) Country: Australia
Timeline

Australia only requires what the form asks for, which in most peoples cases is a letter from the bank (this shows how much income he's had coming in in the last year), and a letter from employer (stating income, position etc).

Tax transcript is not a requirement of the form, but as it shows income, and is used for the I-864 (which the USC needs to complete for AOS), it's good evidence.

You would be fine submitting the bank letter, employer letter, and tax transcript. While transcript isn't required (as said above) it's easy to get and good evidence.

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Filed: Citizen (apr) Country: Australia
Timeline

Submit in duplicate evidence of income and resources as appropriate.

A. Statement from an Officer of the Bank or Financial Institutions with deposits, identifying the following details regarding the account.

1. Date account opened

2. Total amount deposited for the past year

3. Present Balance

B. Statements(s) of your Employer on Business Stationary showing

1. Date and Nature of Employment

2. Salary Paid and

3. Whether the Position is Temporary or Permanent

C. If Self Employed

1. Copy of last income tax return filed or

2. Report of Commercial rating concern

My Fiance is sponsoring me based on his income. He is not supporting me based on his assets (of which he essentially has none) and he is not self employed. So following the instructions which say "evidence should consist of copies of any of the documents below that applies to your situation AND show "evidence of income and resources as appropriate".

So therefore, I am of the understanding that we are to provide a Letter from his Employer. So in my Pkt 3 I sent 2 original copies of the I-134 signed by my Fiance and 2 original letters from my Fiance's Employer stating the date he started, his salary and that the position is permanent. It doesn't say anywhere in the instructions that we need to provide more than that. So, I received my Pkt 4 yesterday and they have said "please provide original documents as supporting evidence for the I-134. Refer to instructions for what is required". So I did, again, and I still can't figure out what else they require.

I sent them an email to say I have already sent the I-134 and supporting documents and I have no other copies other than the originals that I already sent. Their response to me today was "You provided the completed I-134 and Employment letter, please refer to the I-134 instructions for Supporting evidence. Why can't they just tell me what it is they need, because I can't see from the instructions what it is we have left out???

As far as I can see I have followed their instructions, verbatim, is there anything that I am missing that you guys can see? I am stumped.

Thanks

You didn't include the bank letter, that's a requirement. It does not mention "if not using assets to qualify you can ignore this" so you should send that as well.

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Filed: K-1 Visa Country: Australia
Timeline

Thanks so much Lainie and Vanessa, that helps a lot. I'll send the necessary things plus the tax transcripts for both my fiance and our co-sponsor then. Oh - what about the birth certificate/proof of citizenship? Just wondering as I don't want to bother our co-sponsor with too many things to gather if I can avoid it.

Feb 24, 2012 - NOA1

Sep 5, 2012 - RFE

Oct 22, 2012 - RFE reply sent

Nov 5, 2012 - NOA2

Nov 27, 2012 - Packet 3 received

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Filed: Citizen (apr) Country: Australia
Timeline

Thanks so much Lainie and Vanessa, that helps a lot. I'll send the necessary things plus the tax transcripts for both my fiance and our co-sponsor then. Oh - what about the birth certificate/proof of citizenship? Just wondering as I don't want to bother our co-sponsor with too many things to gather if I can avoid it.

The USC petitioner doesn't need to provide proof of citizenship because he did that for the petition, but the co-sponsor will need to provide a copy of their birth certificate or passport.

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