Income Requirement

[Harris 0]

I have a concern regarding the income requirement. I understand about the financial stability part, but how does USCIS view it? I found a site outlining the poverty guidelines as view by US department of labor. I easily meet that requirement, but then they ask about stocks, bonds savings accounts real estate. I was out of work for a long time. I went thru my savings and have little or no assets. I have recently secured a job and will start very soon. My income for 2006 is very low and my income for the prior year was below average. My new job will be above average and I will be able to make a full financial recovery after a few years. How would USCIS view this?

[Yodrak 7]

Harris,

Is your question with regard to a K-visa application, and immigrant visa application, or an adjustment of status application?

In the first two instances the USCIS doesn't "view it" - a consular officer does.

Yodrak

I have a concern regarding the income requirement. I understand about the financial stability part, but how does USCIS view it? I found a site outlining the poverty guidelines as view by US department of labor. I easily meet that requirement, but then they ask about stocks, bonds savings accounts real estate. I was out of work for a long time. I went thru my savings and have little or no assets. I have recently secured a job and will start very soon. My income for 2006 is very low and my income for the prior year was below average. My new job will be above average and I will be able to make a full financial recovery after a few years. How would USCIS view this?

[YuAndDan 153]

They tend to look at current year and can and do ask for past 3 years IRS returns to verify income. You may want to consider having a co-sponsor, just in case.

Edited November 27, 2006 by YuAndDan

[bora bora 1]

Can we give a letter of explanation?

I was a student until May 2004 when I graduated and then immediately moved to Brasil where I worked until June 2005.

Upon my return I started working as a teacher - where I earn enough and am on a contract. Therefore, my past few years of filing taxes show that I earned a bit less than the minimum although I have a salaried job now.

I was told I can explain this when showing my taxes.

I have proof that I was a college student as well as proof that I was living in Brasil earning reais (the country's currency).

I can also show that I have been earning my teacher's salary as of 9/2005 by paystubs and a notarized letter from my school district.

[TucsonBill 0]

If you can get a letter from your current employer stating that the job is full time and permanent, and it states a salary that is above what is reqired, I think you will be fine. I would include a letter explaining your situation in prior years.

Take a moment and read the I-134 closely, they dont even require tax returns unless you are self employed, (that does NOT mean they wont ask for them). All the I-134 asks for is a letter from your employer stating your income and if your position is permanent. I'd get the employer letter and submit that, but give your tax returns and letter to your fiance when she goes for her interview just IN CASE they ask for it.

The I-134 does not require you to show tax returns unless you are self employed. Read it.

Bill

[bora bora 1]

I've barely skimmed over it because I haven't reached that point yet but I am preparing a bit now. I got copies of past tax returns as well as a letter from my employer stating my position, salary, etc.

I will submit a letter of explanation when I go to the interview with my fiance.

[TucsonBill 0]

what I mean is, have your tax returns and letter of explanation in 'reserve' - ie have her take them and the letter, but dont show it unless they ask. All the I-134 asks for is the letter from your employer, stating your income, and that your position is permanent. Just give her the tax returns with the letter IN CASE they ask.

I would not volunteer it upfront, because the I-134 does not ask for it.

Bill

[Harris 0]

Harris,

Is your question with regard to a K-visa application, and immigrant visa application, or an adjustment of status application?

In the first two instances the USCIS doesn't "view it" - a consular officer does.

Yodrak

I have a concern regarding the income requirement. I understand about the financial stability part, but how does USCIS view it? I found a site outlining the poverty guidelines as view by US department of labor. I easily meet that requirement, but then they ask about stocks, bonds savings accounts real estate. I was out of work for a long time. I went thru my savings and have little or no assets. I have recently secured a job and will start very soon. My income for 2006 is very low and my income for the prior year was below average. My new job will be above average and I will be able to make a full financial recovery after a few years. How would USCIS view this?

It was a question regarding my K Visa.

Thank you

[ucla_cutie26 0]

I'm using a co-sponsor just in case. I was also a college student in the past 3 years, so my taxes filed were for work study jobs that did not pay as much. Although I have a good job now that pays above the poverty guidelines, it is still a probationary job since I have not been there for a full year (I started to work here in Feb.) I just didn't want to risk anything and have my dad as my co-sponsor.

[Yodrak 7]

Bill,

I-134 does not set forth the requirements for meeting the public charge provisions of the law for a non-immigrant visa. DS-2000 (formerly OF-167) does. I-134 is not even a requirement itself, it's use is optional at the discretion of the consular officer (granted, if a sponsor is required an I-134 is requested almost without exception).

Did the consulate in Bangkok not request your most recent tax return? If they did not it will be the 1st case I've heard of.

Yodrak

....

The I-134 does not require you to show tax returns unless you are self employed. Read it.

Bill

[TucsonBill 0]

Bill,

I-134 does not set forth the requirements for meeting the public charge provisions of the law for a non-immigrant visa. DS-2000 (formerly OF-167) does. I-134 is not even a requirement itself, it's use is optional at the discretion of the consular officer (granted, if a sponsor is required an I-134 is requested almost without exception).

Did the consulate in Bangkok not request your most recent tax return? If they did not it will be the 1st case I've heard of.

Yodrak

....

The I-134 does not require you to show tax returns unless you are self employed. Read it.

Bill

Yodrak,

I scanned each and every document contained in the packet 3 that Pao received and posted it on the Thailand thread. The I-134 was included in the packet and it was the only form that requested a copy of tax returnes but ONLY for self empolyed persons. The entire packet 3 contents, (including the envelope they came in, which I did not post here) were scanned, and posted.

I'll look again, but I dont see any document, other than the I-134 instructions, that mentions anything about tax returns.

Was this tax return request supposed to be in packet 3?

Bill

Edited November 27, 2006 by TucsonBill

[roundbo 0]

I'm using a co-sponsor just in case. I was also a college student in the past 3 years, so my taxes filed were for work study jobs that did not pay as much. Although I have a good job now that pays above the poverty guidelines, it is still a probationary job since I have not been there for a full year (I started to work here in Feb.) I just didn't want to risk anything and have my dad as my co-sponsor.

Not 100% sure but I do not belive you can use a co-sponser if obtaining K-1 through the Philippines. Can anyone else verify that.

[Yodrak 7]

Bill,

Thanks for providing those files, I haven't seen a K-visa application packet from the consulate in Bangkok for a while now so it will be interesting to see what's changed and what hasn't.

Anyway, because there are so many files and they are numbered, not named, I haven't yet had the time to inspect all of them. Look for one that has a title something like 'Evidence That May Be Provided To Meet The Public Charge Provisions Of The Law. It's a 2-pager if I recall correctly. This document is what so many people incorrectly think that I-134 is.

I think that prudence dictates your fiancee should have a complete copy of your latest tax return, or the IRS tax transcript, to go with your sponsorship package at her interview. I expect that it will be asked for. I do not know what might happen if she does not have it as I have never run across anyone who has not provided one in Bangkok. I expect that with adequate other documentation someone could get away without the tax return, but I have no idea what a particular consular officer might consider to be adequate in lieu of a tax return.

Yodrak

Bill,

I-134 does not set forth the requirements for meeting the public charge provisions of the law for a non-immigrant visa. DS-2000 (formerly OF-167) does. I-134 is not even a requirement itself, it's use is optional at the discretion of the consular officer (granted, if a sponsor is required an I-134 is requested almost without exception).

Did the consulate in Bangkok not request your most recent tax return? If they did not it will be the 1st case I've heard of.

Yodrak

....

The I-134 does not require you to show tax returns unless you are self employed. Read it.

Bill

Yodrak,

I scanned each and every document contained in the packet 3 that Pao received and posted it on the Thailand thread. The I-134 was included in the packet and it was the only form that requested a copy of tax returnes but ONLY for self empolyed persons. The entire packet 3 contents, (including the envelope they came in, which I did not post here) were scanned, and posted.

I'll look again, but I dont see any document, other than the I-134 instructions, that mentions anything about tax returns.

Was this tax return request supposed to be in packet 3?

Bill

Edited November 27, 2006 by Yodrak

[TucsonBill 0]

Bill,

Thanks for providing those files, I haven't seen a K-visa application packet from the consulate in Bangkok for a while now so it will be interesting to see what's changed and what hasn't.

Anyway, because there are so many files and they are numbered, not named, I haven't yet had the time to inspect all of them. Look for one that has a title something like 'Evidence That May Be Provided To Meet The Public Charge Provisions Of The Law. It's a 2-pager if I recall correctly. This document is what so many people incorrectly think that I-134 is.

I think that prudence dictates your fiancee should have a complete copy of your latest tax return, or the IRS tax transcript, to go with your sponsorship package at her interview. I expect that it will be asked for. I do not know what might happen if she does not have it as I have never run across anyone who has not provided one in Bangkok. I expect that with adequate other documentation someone could get away without the tax return, but I have no idea what a particular consular officer might consider to be adequate in lieu of a tax return.

Yodrak

Yodrak, I see the form you are talking about. it specifically says "at least 2 of the following" and a tax return is only one of the 4 items mentioned. It also specifically references the I-134 and the I-134 specifically states that the tax return is only 'required' for self empolyed persons.

Just to be safe, I got transcripts from my last 3 years of tax returns and gave them to Pao and instructed her to present them IF they askedfor them. As I read the instructions, the letter from my bank and the letter from my employer should be all they need. I also gave her copies of my IRA account balances, copies of the deed to my house along with a recent market valuation and included all this on the I-134, but in my case, I think its all overkill. I qualify on my income alone, (at least I believe I do).

At any rate, all the instructions I read seem to indicate that the tax return is optional, not required.

The only thing 'new' is that they want you to return the biographic data forms, pasport style photos and copies of the photo page of the Thia passport along with the checklist. As I understand it, they will be able to start issuing visas the day of the interview as opposed to mailing them or having the applicant return to the Embassy to pick up the visa, as has been the practice in the past. The way I read the new instructions, Pao should get her visa on the spot the day of the interview now.

Bill

[bora bora 1]

I am going to go to the interview with my fiance - I'd like to be there to support HIM. I will just collect everything I need before leaving as far as the I-134 goes. I'm not too worried about it because my job is stable and my income is far enough about the guidelines. I just want to bring enough proof of this with me.