I-134 and I-864

[Mmelon 8]

I am currently working full-time and am an hourly employee, but work 40 hours a week and annually my income is more than enough to qualify to sponsor using the I-134 form. However, I just began the job in March 2013, and I am a recent college graduate, so my past tax transcripts will not show that I make enough. I can easily get a letter from my employer as well as show as many pay stubs as they want since the beginning of my employment as well as recent deposits into my bank account. I have read through a lot of posts here on VJ about filling out I-134 and it seems that the biggest thing the officers want to see is current income, but also seems to emphasize the tax transcripts.

1. Do you think I will have issues if my current income from this new job meets the criteria, but my past tax transcripts do not?

2. Due to having to submit a correction, my 2012 tax transcript is still not available from the IRS. It is very possible we have our interview before that comes available. Should I just photocopy the tax return that I submitted? Any other ideas or suggestions?

3. I have someone willing to be a co-sponsor. He has had the same employer for 8 years and makes well above the 125% of poverty level. I really don't want to use a co-sponsor unless I am forced to though. He has not yet filed his 2012 taxes, so those transcripts will almost definitely not be available at the time of the interview. If he shows his previous transcripts as well as current pay stubs and letter from employer, will this be enough, or is the tax transcript crucial?

[Mmelon 8]

Oh, and also...with my employment being so new, will I be able to fill out I-864 on my own? I know this is looking quite a few months ahead, but I REALLY don't want to use a co-sponsor for that form, nor do I want to delay my fiancé's adjustment of status once we get married.

[Mmelon 8]

*bumping* this up to see if I can get some answers

[ArianneChris 6]

Oh, and also...with my employment being so new, will I be able to fill out I-864 on my own? I know this is looking quite a few months ahead, but I REALLY don't want to use a co-sponsor for that form, nor do I want to delay my fiancé's adjustment of status once we get married.

Hi, I was wondering if you were able to obtain any answers? My fiance and I are in a similar situation. he just graduated May this year and has started working in June 2013 full time and should be way above the poverty threshold. He only has a few paystubs. And he doesn't even have any past tax transcripts as he never had to file for one. So far I believe we can supply 1) a letter form his employer 2) recent paystubs 3) a letter stating that he wasn't required for tax returns. I hope these are enough. Like you, we don't really want someone else to co-sponsor

Also, I've read that the my (Auckland) Embassy requires for the beneficiaries bank accounts statement. So I will supply this when packet 3 arrives.

[Mmelon 8]

Hi, I was wondering if you were able to obtain any answers? My fiance and I are in a similar situation. he just graduated May this year and has started working in June 2013 full time and should be way above the poverty threshold. He only has a few paystubs. And he doesn't even have any past tax transcripts as he never had to file for one. So far I believe we can supply 1) a letter form his employer 2) recent paystubs 3) a letter stating that he wasn't required for tax returns. I hope these are enough. Like you, we don't really want someone else to co-sponsor

Also, I've read that the my (Auckland) Embassy requires for the beneficiaries bank accounts statement. So I will supply this when packet 3 arrives.

That sounds about right if he was not required to file. Unfortunately I did have to file even though I barely earned anything. Nothing of significance to the I-134 in any case. That seems strange that your embassy asks for the beneficiary's bank account statements. Do they allow for self-sponsorship or something?

[NikLR 13,227]

I am currently working full-time and am an hourly employee, but work 40 hours a week and annually my income is more than enough to qualify to sponsor using the I-134 form. However, I just began the job in March 2013, and I am a recent college graduate, so my past tax transcripts will not show that I make enough. I can easily get a letter from my employer as well as show as many pay stubs as they want since the beginning of my employment as well as recent deposits into my bank account. I have read through a lot of posts here on VJ about filling out I-134 and it seems that the biggest thing the officers want to see is current income, but also seems to emphasize the tax transcripts.

1. Do you think I will have issues if my current income from this new job meets the criteria, but my past tax transcripts do not?

2. Due to having to submit a correction, my 2012 tax transcript is still not available from the IRS. It is very possible we have our interview before that comes available. Should I just photocopy the tax return that I submitted? Any other ideas or suggestions?

3. I have someone willing to be a co-sponsor. He has had the same employer for 8 years and makes well above the 125% of poverty level. I really don't want to use a co-sponsor unless I am forced to though. He has not yet filed his 2012 taxes, so those transcripts will almost definitely not be available at the time of the interview. If he shows his previous transcripts as well as current pay stubs and letter from employer, will this be enough, or is the tax transcript crucial?

1) depending when the interview is and on the consular officer, it could be perfectly okay or they could want a co-sponsor. By the time you get to the I-864 you should be fine. Consular officers can be picker than the USCIS.

2) you can send in the tax return instead, just include everything you needed for the return as well (1040, w2, 1099 etc.. )

3) I would suggest you suggest to your co-sponsor that he get on doing the taxes. He has to have them done for 2012 to be your joint sponsor if you need one

I suggest trying without one but having the other one as back up to send next day to the consulate if needed. You've had your job for almost 6 months. A good letter from your employer should help as well, maybe stating what a valuable asset you are to the company?

[KayDeeCee 4,893]

Honestly, there is no way for anyone to provide you a guaranteed answer on this. It depends on the consulate and mainly the CO that conducts the interview. Some would be perfectly understanding about you being a student and just now starting to work. The letter from employer and recent pay stub(s) will prove your current income and being above the bare minimum requirement will be of help. Another might focus on the job being new and the 2012 tax return not showing enough income. In a case like this, you may want to have a co-sponsor lined up just in case you are told one is needed.

[Mmelon 8]

Honestly, there is no way for anyone to provide you a guaranteed answer on this. It depends on the consulate and mainly the CO that conducts the interview. Some would be perfectly understanding about you being a student and just now starting to work. The letter from employer and recent pay stub(s) will prove your current income and being above the bare minimum requirement will be of help. Another might focus on the job being new and the 2012 tax return not showing enough income. In a case like this, you may want to have a co-sponsor lined up just in case you are told one is needed.

Thanks for your answer. You consistantly provide very thorough, thoughtful answers throughout the forum and I really appreciate it. I have decided that I will be using the co-sponsor for the I-134. I am stubborn and often want to just do things on my own, but the visa process is no time to be prideful and decline those willing to help! Now that my co-sponsor has filed both his 2012 and 2011 tax returns, I will at least have photocopies of those, although I really really hope that transcripts become available for them soon. I want to go to the interview fully prepared! From speaking to others who have gone through the embassy in Costa Rica, it seems they are very accepting of co-sponsors and it is pretty common for student petitioners to go through using co-sponsors.

1) depending when the interview is and on the consular officer, it could be perfectly okay or they could want a co-sponsor. By the time you get to the I-864 you should be fine. Consular officers can be picker than the USCIS.

2) you can send in the tax return instead, just include everything you needed for the return as well (1040, w2, 1099 etc.. )

3) I would suggest you suggest to your co-sponsor that he get on doing the taxes. He has to have them done for 2012 to be your joint sponsor if you need one

I suggest trying without one but having the other one as back up to send next day to the consulate if needed. You've had your job for almost 6 months. A good letter from your employer should help as well, maybe stating what a valuable asset you are to the company?

My co-sponsor just e-filed his 2012 taxes on Monday this week. Also, he back-filed his 2011 taxes on the same day, but had to send them using paper copies since it is not the current tax year. Any idea how long it can take for transcripts to become available? According to H&R block (who he hired to do his taxes), it takes about 21 days to get his refund, at least for the 2012 taxes. Supposedly the backfiled ones could take longer since they are not electronic. I would assume that if a refund is available, the transcripts should also be available, right?

[baron555 934]

Current income is key. Many folks were recent students with little to no income but now have a job and have adequate income. Your empolyers letter stating your working hours and annual income plus current pay summaries are key. I don't see any issues.

Thanks for your answer. You consistantly provide very thorough, thoughtful answers throughout the forum and I really appreciate it. I have decided that I will be using the co-sponsor for the I-134. I am stubborn and often want to just do things on my own, but the visa process is no time to be prideful and decline those willing to help! Now that my co-sponsor has filed both his 2012 and 2011 tax returns, I will at least have photocopies of those, although I really really hope that transcripts become available for them soon. I want to go to the interview fully prepared! From speaking to others who have gone through the embassy in Costa Rica, it seems they are very accepting of co-sponsors and it is pretty common for student petitioners to go through using co-sponsors.

My co-sponsor just e-filed his 2012 taxes on Monday this week. Also, he back-filed his 2011 taxes on the same day, but had to send them using paper copies since it is not the current tax year. Any idea how long it can take for transcripts to become available? According to H&R block (who he hired to do his taxes), it takes about 21 days to get his refund, at least for the 2012 taxes. Supposedly the backfiled ones could take longer since they are not electronic. I would assume that if a refund is available, the transcripts should also be available, right?

You can always make a copy of the full IRS return including W2s and submit that.

[Mmelon 8]

Current income is key. Many folks were recent students with little to no income but now have a job and have adequate income. Your empolyers letter stating your working hours and annual income plus current pay summaries are key. I don't see any issues.

You can always make a copy of the full IRS return including W2s and submit that.

Do you think a copy of the full IRS returns including all documents submitted is just as acceptable as a transcript? That makes me feel better. Thanks!

[baron555 934]

Do you think a copy of the full IRS returns including all documents submitted is just as acceptable as a transcript? That makes me feel better. Thanks!

Yes but must submit a copy of the entire return, including all attachments and schedules.

[NikLR 13,227]

Yes but must submit a copy of the entire return, including all attachments and schedules.

Yep this is just as acceptable as the tax transcript!

[NikLR 13,227]

Also it's good to remember that just because you used a joint sponsor for the I-134 does not mean you have to use one for the I-864 when you two submit the AOS. the I-134 is not a legally binding contract like the I-864.

[ArianneChris 6]

That sounds about right if he was not required to file. Unfortunately I did have to file even though I barely earned anything. Nothing of significance to the I-134 in any case. That seems strange that your embassy asks for the beneficiary's bank account statements. Do they allow for self-sponsorship or something?

Yeah I think it's a bit strange that they ask for the beneficiary's bank statements. But people who went through the process at the Auckland embassy have confirmed that information in packet 3 asks for bank statements. Not entirely sure how that adds to the decision-making process. Although, since they might take my assets into account, and that his income will meet the requirements, we figured we'll try to not initially include a joint sponsor but will have one in line as suggested by Jay-Kay. Thanks to everyone for all your help

Edited July 26, 2013 by ArianneChris

[KayDeeCee 4,893]

Thanks for your answer. You consistantly provide very thorough, thoughtful answers throughout the forum and I really appreciate it. I have decided that I will be using the co-sponsor for the I-134. I am stubborn and often want to just do things on my own, but the visa process is no time to be prideful and decline those willing to help! Now that my co-sponsor has filed both his 2012 and 2011 tax returns, I will at least have photocopies of those, although I really really hope that transcripts become available for them soon. I want to go to the interview fully prepared! From speaking to others who have gone through the embassy in Costa Rica, it seems they are very accepting of co-sponsors and it is pretty common for student petitioners to go through using co-sponsors.

My co-sponsor just e-filed his 2012 taxes on Monday this week. Also, he back-filed his 2011 taxes on the same day, but had to send them using paper copies since it is not the current tax year. Any idea how long it can take for transcripts to become available? According to H&R block (who he hired to do his taxes), it takes about 21 days to get his refund, at least for the 2012 taxes. Supposedly the backfiled ones could take longer since they are not electronic. I would assume that if a refund is available, the transcripts should also be available, right?

You are welcome and I appreciate your comment You can just have the co-sponsor's I-134 and supporting documents with you. Present your I-134 and supporting documentation only at first. It might be accepted without the need for the co-sponsor. Or, just present all of it together and be covered for sure up front. For AOS, I believe you will be perfectly fine on your own without the need to ask anyone for help.

As others already sated, a complete copy of a tax return with all forms, schedules, W-2s and or 1099s work in place of the transcript.