W2 and similar documents

[John Paul C 0]

It's kind of a tricky situation in my opinion and I'd love to hear some input.

Me(beneficiary) and my fiance(petitioner) have gotten lucky and got the process for the i129f approved really quickly(roughly three weeks between NOA1 and NOA2). I've just paid the visa fee for the K1 Visa here in Manila and I've scheduled the interview for February 3. Now I'd like to clarify some things. My girlfriend has been in and out of a job for the four years we've been together, and her most recent employment was last May until currently(still employed) And as far as things go, all she can provide for the AoS form is the Employment Letter stating that she has a permanent job, and how much she earns and the most recent pay stubs. Would that be enough? As far as I know she hasn't filed for her taxes yet and might not be able to provide it as of today. I'd just like to have some information on how to proceed either way it goes so I'm prepared to act accordingly. Thanks for the help!

[John Paul C 0]

Hello! My k1 Visa Interview is tomorrow and I just want to be extra sure I have everything right.

We have everything required by the USEM, I just have one question about the I-134. For the income listed, my petitioner can only provide the W-2, Employment letter(stating that she meets more than 125% of the required for a household of 2) and Paystubs as she landed a stable job last may. Will that be enough? She just filed for her tax returns this Friday and it wouldn't make it would that be enough? Help! I'm panicking!

[John Paul C 0]

Help please!

[baron555 934]

Sure if that's all she has.

Don't forget a new signed Letter of Intent from her, and copy of the NOA2.

Follow the Guides.

Edited February 2, 2014 by baron555

[Removed030114 48]

Me(beneficiary)

my fiance(petitioner)

My girlfriend (petitioner) has been in and out of a job for the four years we've been together

all she can provide for the AoS form is the Employment Letter stating: she has a permanent job, how much she earns and the most recent pay stubs. Would that be enough?

I'd just like to have some information on how to proceed either way it goes so I'm prepared to act accordingly. Thanks for the help!

Please excuse the parsing of your post as the intention is to clarify the content of your question. It appears that you are scheduled for a K1 interview and if that is the case then you are NOT YET adjusting status (AOS). For the first interview the petitioner must complete the I-134 financial affidavit and supporting evidence.

It's important to understand that the requirements for the I-134 are not as strict as those for AOS, which requires the much more detailed I-864. For the I-134, your partner must be able to show that their income is 100% of the poverty guideline. During the interview they will make a judgement call as to whether your partner can keep you from becoming a public charge. In other words, provide financial support. If her current job meets at least the minimum income requirements and she has a letter from the employer showing the date of hire, income, and whether the job is temporary or permenant, then she should be in good shape. Having pay stubs is a good thing, along with a bank statement that shows deposits.

However, later after you marry and file for AOS, she will need to show more stability of income for the I-864

Edited February 2, 2014 by CNTrav

[Ilovemyman 147]

Dont worry trust in God go with tgw w2, if they require more documents they are going to give the oportunity to send back the missing documents.

If she filed last friday her tax return, there isnt nothing that you can do, she wont has her tax return tomorrow, so dont worry and trust in God

[Removed030114 48]

Hello! My k1 Visa Interview is tomorrow and I just want to be extra sure I have everything right.

We have everything required by the USEM, I just have one question about the I-134. For the income listed, my petitioner can only provide the W-2, Employment letter(stating that she meets more than 125% of the required for a household of 2) and Paystubs as she landed a stable job last may. Will that be enough? She just filed for her tax returns this Friday and it wouldn't make it would that be enough? Help! I'm panicking!

It appears you are panicking as you've posted the same question twice. See my reply here on your other post: http://www.visajourney.com/forums/topic/475319-w2-and-similar-documents/?p=6794940

[Removed030114 48]

Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?

No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.

http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html

[kmdr 0]

Is the petitioner self-employed? If not, remember it's not essential they have these. They are only a definite requirement if self-employed.

[Avery Cates 1,141]

Hello! My k1 Visa Interview is tomorrow and I just want to be extra sure I have everything right.

We have everything required by the USEM, I just have one question about the I-134. For the income listed, my petitioner can only provide the W-2, Employment letter(stating that she meets more than 125% of the required for a household of 2) and Paystubs as she landed a stable job last may. Will that be enough? She just filed for her tax returns this Friday and it wouldn't make it would that be enough? Help! I'm panicking!

Most embassies only care about current income. That's the important bit. If she has proof of that, you're probably ok. Only certain embassies require all 3 years, but even if your other was making less than the requirement in those years, it's not a big deal usually.

Dont worry trust in God go with tgw w2, if they require more documents they are going to give the oportunity to send back the missing documents.

If she filed last friday her tax return, there isnt nothing that you can do, she wont has her tax return tomorrow, so dont worry and trust in God

I'd put more stock into having everything prepared as possible. Showing up at the embassy with nothing but a "god wants me to have this visa" is the fast track to a denial.

[kitthekat 1,317]

Do the Same Income Requirements Apply to Form I-134 as Apply to Form I-864?

No. The 125 percent of the federal poverty guideline minimum income requirement, the most recent year's tax return, and other requirements only apply when Form I-864 is needed. Applicants presenting Form I-134 will need to show that their U.S. sponsor's income is 100 percent of the federal poverty guideline.

http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html

Most consulates ask for 125% of the poverty guidelines, not 100%, at interview time.

[Removed030114 48]

Most consulates ask for 125% of the poverty guidelines, not 100%, at interview time.

The legal requirement for the I-134 is 100% of the poverty guideline. The Visa Officer (VO) may want to see more as the petitioner will need a minimum of 125% later to file AOS after marriage, however there is no legal precedent to deny a petitioner if their income meets the 100% guideline. Anyone whose income falls between 100%-125% for the I-134 would do themselves a real favor to consider a co-sponsor.

[kitthekat 1,317]

Most embassies only care about current income. That's the important bit. If she has proof of that, you're probably ok. Only certain embassies require all 3 years, but even if your other was making less than the requirement in those years, it's not a big deal usually.

I second this. If she didn't make enough in 2013, but her current income qualifies, then you should be okay.

You might also want to ask for your question to be moved to the Manila forum to get consulate-specific advice from others who have been through USEM. http://www.visajourney.com/forums/topic/478365-i-134-questions/

[kitthekat 1,317]

The legal requirement for the I-134 is 100% of the poverty guideline. The Visa Officer (VO) may want to see more as the petitioner will need a minimum of 125% later to file AOS after marriage, however there is no legal precedent to deny a petitioner if their income meets the 100% guideline. Anyone whose income falls between 100%-125% for the I-134 would do themselves a real favor to consider a co-sponsor.

The law on general classes of aliens who are ineligible to receive visas:

INA section 212(a)(4)

Public charge.-

(A) In general.-Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge is inadmissible. ⁶

(B) Factors to be taken into account.- (i) In determining whether an alien is excludable under this paragraph, the consular officer or the Attorney General shall at a minimum consider the alien's-

(I) age;

(II) health;

(III) family status;

(IV) assets, resources, and financial status; and

(V) education and skills

(ii) In addition to the factors under clause (i), the consular officer or the Attorney General may also consider any affidavit of support under section 213A for purposes of exclusion under this paragraph.

INA section 213A

Sec. 213A. (a) Enforceability.-

(1) Terms of affidavit.-No affidavit of support may be accepted by the Attorney General or by any consular officer to establish that an alien is not excludable as a public charge under section 212(a)(4) unless such affidavit is executed by a sponsor of the alien as a contract-

(A) in which the sponsor agrees to provide support to maintain the sponsored alien at an annual income that is not less than 125 percent of the Federal poverty line during the period in which the affidavit is enforceable;

So, consulates have the discretion to accept income that is lower than 125% (e.g. 100%) but the law cites 125%.

Edited February 2, 2014 by kitthekat

[Ilovemyman 147]

Most embassies only care about current income. That's the important bit. If she has proof of that, you're probably ok. Only certain embassies require all 3 years, but even if your other was making less than the requirement in those years, it's not a big deal usually.

I'd put more stock into having everything prepared as possible. Showing up at the embassy with nothing but a "god wants me to have this visa" is the fast track to a denial.

What can he do today if his interview is tomorrow?

He cant have her tax return for tomorrow.

So he needs go to the interview with the w-2 , that is all that he has,