Two questions about P3

[Jason&Kanok 1]

I have two questions about P3

1) I-134, can I provide my copy of my 1040 forms or do I need transcripts from the IRS?

2) Free to marry certificate, the K1 instructions (on the Bangkok Embassy site) don't mention it, but it is brought up a lot. Do we need it? Neither of us have ever been married.

Thanks.

[Sam B 1]

I have two questions about P3

1) I-134, can I provide my copy of my 1040 forms or do I need transcripts from the IRS?

2) Free to marry certificate, the K1 instructions (on the Bangkok Embassy site) don't mention it, but it is brought up a lot. Do we need it? Neither of us have ever been married.

Thanks.

You don't normally need a special certificate. I got a K1 visa approved for all that, just said neither of us have ever been married and there were no issues.

Your tax returns aren't required to be transcripts from the IRS - you only actually need them to be a copy of the last forms filed (1040) with your signature. The transcript from the IRS is not a 1040, but I included them with mine since I already had them for another reason.

Quoting from the Packet4:

EVIDENCE OF FINANCIAL SUPPORT: The petitioner must present evidence that neither

the applicant nor any dependent children (if applicable) will become a public charge in the

United States. A Form I-134 (Affidavit of Support) signed by the petitioner must be submitted

with a copy of the petitioner’s current year tax return (Form 1040). The petitioner’s income

must meet the poverty guidelines at the time of Affidavit of Support filing.

[slowlyman 118]

The free to marry certificate only comes into play if she has a child out of wedlock.

[Ning 619]

I have two questions about P3

1) I-134, can I provide my copy of my 1040 forms or do I need transcripts from the IRS?

2) Free to marry certificate, the K1 instructions (on the Bangkok Embassy site) don't mention it, but it is brought up a lot. Do we need it? Neither of us have ever been married.

Thanks.

The 1040 form indicates you filled out a form. It doesn't mean you sent it. The transcript shows your current tax status as it is known by the IRS. There is a vast difference. If 1040s are used the submission must include all supporting docs.

The " free to marry " cert is wildly misunderstood and is brought up a lot by under informed people that pass the incorrect info along just as we see here in other posts. Slowlyman is correct.

Edited September 1, 2013 by Ning

[slowlyman 118]

Ref. the 1040. From a purely practical standpoint it depends how big your file is. Mine fills a small binder. It was a lot easier to make copies of the three page transcript then is was to make copies of the 50 page return. And keep in mind, for the AOS later you will need three years of returns. If you have a bunch of schedules, that gets to be a lot of copying.

The transcript is free and easy to get. If you order the last three years now, you are all set for the P3 and the AOS.

[Karee 4,190]

Ref. the 1040. From a purely practical standpoint it depends how big your file is. Mine fills a small binder. It was a lot easier to make copies of the three page transcript then is was to make copies of the 50 page return. And keep in mind, for the AOS later you will need three years of returns. If you have a bunch of schedules, that gets to be a lot of copying.

The transcript is free and easy to get. If you order the last three years now, you are all set for the P3 and the AOS.

I think this is a point alot of people miss. Sometimes they're so concerned about getting the visa, they don't think ahead to the Adjustment of Status process. I've seen people get bit in the a$$ multiple times by not considering the AOS process.

The main pitfall is the birth certificate of the beneficiary. The embassy will accept just about anything as proof of birth, however USCIS in the U.S. will not when it comes time to adjust status and get the green card.

The other thing is the differences in the affidavit of support. The embassy uses the I-134 for affidavit of support which is NOT a legally binding document. USCIS uses the I-864 for affidavit of support which IS a legally binding document. Also, in most cases there is no way to use a co-sponsor for the I-134 in Bangkok, but you can use one for the I-864 when adjusting status.

The point is, just because the embassy in Bangkok accepts certain evidence to obtain the visa, it's a bad idea to automatically assume that USCIS will accept the same evidence when adjusting status once in the U.S. Getting a birth certificate, or something that USCIS will consider acceptable proof of birth, once the petitioner arrives in the U.S. is a major pain in the #######. It's much easier for them to deal with it while still in Thailand.

[Sam B 1]

Karee, that's an intersting point. Do you know if it has to be a special translation for the AOS? My fiancee has a Thai birth certificate and a translation, but the translation wasn't by the Ministry of Foreign Affairs

[Karee 4,190]

Karee, that's an intersting point. Do you know if it has to be a special translation for the AOS? My fiancee has a Thai birth certificate and a translation, but the translation wasn't by the Ministry of Foreign Affairs

It doesn't have to be translated by the MFA. Any regular translation service with the stamp etc. will do.

[Jason&Kanok 1]

The problem is I'm in Thailand right now, so getting the tax transcripts before I leave is going to be difficult. We are hoping to send off the P3 packet before I leave, I need to be back in the US on the 5th. I have my 1040s and W2s, but not my various 1099s. I guess we will just send the I-134 with my existing supporting documentation, I have a letter from my employer, 1040s, W2s, and bank statements. I came out on a days notice because she had a motorbike accident and was in the hospital, so I didn't have time to get all the documents together.

The only reason I brought up the free to marry certificate is I got in a fight with my fiancee when we were getting her birth certificate translated. The lady working at the translation/visa shop told her she needed one, so my fiancee was mad, she didn't want to take the three hour bus ride to her home city to get it. Not the day after we came back with all her other paperwork.

[slowlyman 118]

Just my two cents, you of course can and should do what you want.

If you throw the P3 together quickly now to save time, you may loose all that time later when you get a 221 at the interview. However It sounds like you have everything, so it should all work out fine. Just don;t get in such a rush to get the P3 in the mail you make a stupid mistake.

It's pretty common for children to be born out of wedlock. That is why the official told you to get it. If your fiance does not have children, don't worry about it.

Edited September 2, 2013 by slowlyman

[Ning 619]

Karee, that's an intersting point. Do you know if it has to be a special translation for the AOS? My fiancee has a Thai birth certificate and a translation, but the translation wasn't by the Ministry of Foreign Affairs

The translation can be done by anyone competent in both languages. The " certification" is simply a statement by that person indicating they are competent. Use search block here on V J to find the format or see USCIS site.

[Ning 619]

The problem is I'm in Thailand right now, so getting the tax transcripts before I leave is going to be difficult. We are hoping to send off the P3 packet before I leave, I need to be back in the US on the 5th. I have my 1040s and W2s, but not my various 1099s. I guess we will just send the I-134 with my existing supporting documentation, I have a letter from my employer, 1040s, W2s, and bank statements. I came out on a days notice because she had a motorbike accident and was in the hospital, so I didn't have time to get all the documents together.

The only reason I brought up the free to marry certificate is I got in a fight with my fiancee when we were getting her birth certificate translated. The lady working at the translation/visa shop told her she needed one, so my fiancee was mad, she didn't want to take the three hour bus ride to her home city to get it. Not the day after we came back with all her other paperwork.

I suggest you submit what you have now then proceed while you are there or when you get back with getting a transcript. Do this by using the IRS web site. Request they mail or fax to you. It could be faxed to you in Thailand for example but you may be out of time already. If there is a problem due to the tax info you submit they will allow you to correct it but they will not issue the visa until its done.

There are cases where people submitted what you have and they were approved so there may be no need to worry too much. This always depends on how the CO views the evidence.