I-134F Concerns

[ScottMichela 0]

Hey all,

My fiance and I are currently locking everything in place for our K1 interview at the Naples Consulate (I am the USC and she is from Rome). I've been reading this forums since the beginning as a guest and I've come across some upsetting K-1 denials due to unsatisfactory I-134F forms. Like anyone else, we want to avoid a denial at all costs so i'd love to pick the brains of the experienced folks here at VJ. My situation is below:

I recently graduated from university in May 2012. After graduating I worked until the end of November when I was told the firm could not take on another full time employee. Since November I have been working free-lance but on paper this does not look very promising. In my time at the first company I made enough money to put me above the poverty line for a single person household for this year's tax return. However, I can prove 175,000 in liquid assets.

My questions are:

-will this current lapse in employment raise a big red flag at the interview, despite having other funds?

-is there any slack given to recent graduates? because my student tax returns aren't very thrilling.

-when determining the ammount of $ they will want as a garauntee, do I use 125% of the poverty line for myself only? or is the fiance benefactor included in the equation making it a 2 person household?

-how seriously are cosponsors taken at the Naples consulate? I understand in the case of the i-134f that they are not legally binding- but is it still wise to include them?

Thanks for your time!

Edited February 9, 2013 by ScottMichela

[ScottMichela 0]

For better advice I'll include some more specific info about what I'm planning on submitting for the I-134f. Please tell me if you see any holes in the case I'll list all of that below but first I'll say something about the core reason for my doubts:

For the month of December 2012 until now I have been working as a free lancer. Thus I do not have a current letter of employment as I am not contracted by my clients. Since we just changed years into 2013 I guess that my income projection will be based solely on these 2 months of free lance work. I will include all of the invoices and W-9 forms that I accumulate, but at the current rate of income it only ammounts to 75% of the poverty level. I do not intend to continue freelancing throughout 2013- instead I intend to be fully employed once my fiance and I are married (though I know this means nothing to a CO).

I have the assets to prove 125% of the poverty level for 5 years, even without including the freelance income. But I am just driving myself crazy after reading some cases on here. Is the CO going to accept assets to prove support? I know the I-134f instructions say that assets are completely valid, but I've also come to understand that nothing is really enforcable in the way a CO interperates the I-134f.

Do you see any potential for denial given these circumstances? What would be my best course of action to further ensure there is no trouble? Facing more time apart and having to fight an appeal would be so painful for us.

-2012/2011 W2 & Tax Returns (2012 shows 125% of poverty line, despite working of only 5 months)

-Official Bank Balance, dated on letterhead.

-6 Months Bank Statements

-Brokerage Account Report with bond numbers. (shows over 5x the 125% poverty level for the

5 year term specified in the I-134f instructions)

-Former Employer Letter

-Former Employer Paystubs

-Current W-9 Reports from freelance income

-University Diploma, proving that I was recently a student and thus explaining the unpromising W-2 forms

-2 Cosponsors (Mother and Sister)including: W2's, bank notices, paystubs and letters of employment.

Thank you in advance!

[a+j 77]

-when determining the ammount of $ they will want as a garauntee, do I use 125% of the poverty line for myself only? or is the fiance benefactor included in the equation making it a 2 person household?

-how seriously are cosponsors taken at the Naples consulate? I understand in the case of the i-134f that they are not legally binding- but is it still wise to include them?

On the i-134 you need to include yourself and your fiance, plus anyone who relies on you for economical support (e.g. children).

From what I've read on here, it seems like Naples doesn't really like co-sponsors for K-1s any more.

Nevertheless, I think in your case it's wise to include more than one co-sponsor (don't forget proof of their US domicile) and the assets. Also, proof that you have a degree might work because it can show that you have higher chances of getting a stable position in the near future. This is just my opinion though, I'd be curious to know what others think.

[KayDeeCee 4,893]

For better advice I'll include some more specific info about what I'm planning on submitting for the I-134f. Please tell me if you see any holes in the case I'll list all of that below but first I'll say something about the core reason for my doubts:

For the month of December 2012 until now I have been working as a free lancer. Thus I do not have a current letter of employment as I am not contracted by my clients. Since we just changed years into 2013 I guess that my income projection will be based solely on these 2 months of free lance work. I will include all of the invoices and W-9 forms that I accumulate, but at the current rate of income it only ammounts to 75% of the poverty level. I do not intend to continue freelancing throughout 2013- instead I intend to be fully employed once my fiance and I are married (though I know this means nothing to a CO).

I have the assets to prove 125% of the poverty level for 5 years, even without including the freelance income. But I am just driving myself crazy after reading some cases on here. Is the CO going to accept assets to prove support? I know the I-134f instructions say that assets are completely valid, but I've also come to understand that nothing is really enforcable in the way a CO interperates the I-134f.

Do you see any potential for denial given these circumstances? What would be my best course of action to further ensure there is no trouble? Facing more time apart and having to fight an appeal would be so painful for us.

-2012/2011 W2 & Tax Returns (2012 shows 125% of poverty line, despite working of only 5 months)

-Official Bank Balance, dated on letterhead.

-6 Months Bank Statements

-Brokerage Account Report with bond numbers. (shows over 5x the 125% poverty level for the

5 year term specified in the I-134f instructions)

-Former Employer Letter

-Former Employer Paystubs

-Current W-9 Reports from freelance income

-University Diploma, proving that I was recently a student and thus explaining the unpromising W-2 forms

-2 Cosponsors (Mother and Sister)including: W2's, bank notices, paystubs and letters of employment.

Thank you in advance!

People have been successful using assets only, and you have enough for that. You past employment income is not really relevant, but you can include it anyway. It is based on current income, not what you already made. You can include a statement about being a student and that you will gain employment soon. Add in how much someone in your field of work typically earns. They won't base the approval on that, but they are generally understanding of those that have been students and have a good earning potential.

There was a recent rejection of a co-sponsor in Naples. I am not sure if it was an isolated case, or that they are no longer accepting co-sponsors through that consulate. You can prepare a co-sponsor's paperwork to bring with you just in case. You can only have one with the I-134 though. You can bring more than one if you wish, but there is no combining of incomes with the I-134 and they would only need and use one person to be the co-sponsor. Anyone with enough income to meet the 125% requirement for their own household size plus the foreign fiance(e) will work. Besides all their financial documents, they will also need to provide proof of being a USC or LPR.

[ScottMichela 0]

Thanks so much A+J and Kay-Jay. The information has been very helpful and clarifying. I am going to bring proof of the assets and try to prove the case in that way. I know that this is totally valid according to the i-134f and i-864 instructions, but I am just over paranoid of a grouchy CO. In addition to that I am going to include all evidence of my earned income as a freelancer. I know this wont look too solid because there is no letter of employment behind it (no gaurantee that the work will continue), but I figure it can only help. My sister is a willing cosponsor, and she exceeds the 125% guideline via employment.

When you say to include proof that she is a USC, I take it that photocopies of her passport are enough?

Also should a cosponsor fill out a i-134f form of their own? (or did you mean that only 1 cosponsor will be able to do the i-134f) Or will this just add confusion. I have them ready if needed but can just as easily leave them out.

A huge thanks for your support and knowledge!

Scott and Michela

Edited February 10, 2013 by ScottMichela

[KayDeeCee 4,893]

You are the primary sponsor and always fill out your own affidavit of support. In this case, the I-134(no f). A co-sponsor fills out their own separate I-134 and provides their own financial documents: most recent tax transcript, letter from employment and most recent pay stubs. Proof of being a USC can be a copy of their birth certificate, naturalization, or bio page of their US passport.

[ScottMichela 0]

You are the primary sponsor and always fill out your own affidavit of support. In this case, the I-134(no f). A co-sponsor fills out their own separate I-134 and provides their own financial documents: most recent tax transcript, letter from employment and most recent pay stubs. Proof of being a USC can be a copy of their birth certificate, naturalization, or bio page of their US passport.

excellent! this is the way I had it organized. now I just need to supplement in the proof of USC because that slipped my mind.