I-134 form question

[dionesiamn 0]

I asked these questions on another forum but no one answered, can anyone here help, please?

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Our daughter ( a U.S. citizen) is currently a 4th year student in Canada. Her fiance is a Canadian citizen, also attending the same university and they have lived together for three years while going to school. When they graduate they want to move to the U.S., find housing and jobs and get married here. They are working on the K-1 visa process.

Her student permit did not allow her to work so consequently she can not show income for the last three years and her assets are not enough to meet requirements for support.

My husband and I, (both U.S. citizens by birth) have agreed to co-sponsor him. But I have questions about sponsorship.

1. The I-134 questions don't really pertain to us since she is completing the petition and the questions don't seem to be relevant to co-sponsoring. Is this the correct form for us to use too? Do we just answer the questions that do pertain to us (although there aren't many) and leave the rest as N/A?

2. From some other forum Q&As it seems that only one of us (not us, as a married couple) can actually sponsor him. Is this correct? Although I would think this is a common occurrence, the form only allows for one signature.

3. Either of our earned incomes, separately, meet the income requirements, but our assets and tax forms are all joint. If only one of us can sponsor him, then what do we submit regarding tax returns and asset verifications?

Has anyone else had these circumstances where your married parents served as co-sponsors?

I appreciate any help. The forms don't seem to lend themselves to co-sponsorship and I couldn't find a lot in the forums about it. I've read several books on immigration as well, and they all seem to want to "skirt" the issue too. Thanks in advance.

Edited January 5, 2007 by dionesiamn

[Ladylethal 12]

1. Your daugther will have to fill a I-134 even if she doesn't make enough to overcome the guidelines. You'll be filling one as well, and you use the same form. I don't see where there aren't many questions pertaining you as the co-sponsor, as you'll pretty much fill the entire form.

You have your personal info, then you'll put your daughter's fiance info, as you're co-sponsoring him, then you'll put your employment info, income, etc. Then you'll fill the part about your dependants, then questions 9 and 10 you just put NONE (I am considering you haven't sponsored anyone else) then on question 11 you leave the boxes blank and put N/A K1 Visa process for permanent residence and finally you sign in front of a notary since this form must be notarized.

2 and 3. As far as I know if the co-sponsor is married and files joint tax returns then both must fill the I-134. I'm not 100% sure but I think each of you needs to fill a separate I-134, you should read the guides and wait for someone else who can help you better in this matter.

My husband's dad co-sponsored me when I was doing my K1 but his mom doesn't work so it's just listed as a dependant on his tax returns, so only my father-in-law had to fill the I-134.

[dionesiamn 0]

Thank you so much for this information. I really appreciated this hlep. It seems like no one has this situation, although I thought co-spnsorship would be pretty common, especially for students.

Does anyone else have information about this? Thanks.

[MariaEric 0]

Thank you so much for this information. I really appreciated this hlep. It seems like no one has this situation, although I thought co-spnsorship would be pretty common, especially for students.

Does anyone else have information about this? Thanks.

"""The final rule also makes clear that an intending immigrant may not have more than one joint sponsor, in addition to the principal sponsor. This clarification is consistent with the statement of managers accompanying IIRIRA with respect to section 213A, which clearly indicates that the managers did not consider it appropriate to permit a second joint sponsor if the joint sponsor's income was not sufficient. H. Rep. No. 104-828 at 242 (1996). It is not necessary, however, for all the derivative beneficiaries of a visa petition to have the same joint sponsor as the principal beneficiary. For example, suppose the principal beneficiary has a wife and four children who will accompany the principal beneficiary to the United States. It may be the case that a willing joint sponsor would have sufficient income to file an affidavit of support for the husband and wife and only one of the children. The final rule would permit the joint sponsor to accept responsibility only for those three aliens, and would allow a second joint sponsor to file an affidavit of support for the other three children. Each joint sponsor would then be responsible only for those aliens named in that joint sponsor's own Form I-864. The principal intending immigrant and the accompanying spouse and children, as a group, however, may not have more than two joint sponsors."""

Are you and your significant other self-employed? I don't understand why... if the consulate is allowing a I-134.. that you are worried about tax returns if not self-employed. They would not be required by the instructions on the form and because:

""The rule clarified in 8 CFR 213a.5 that the regulations relating to the use of Forms I-864, I-864A, and I-865 do not apply to other situations where immigration or consular officers have permitted the use of Form I-134. ""

And the above poster was correct... daughter must fill out an I-134 if that is what the consulate is asking for.. and since insuffient income... must be accompanied with another by a co-sponsor meeting the financial requirements.

""Section 213A(f)(1)(D) of the Act provides that the sponsor must be the person “petitioning for the admission of the alien under section 204” of the Act.

[dionesiamn 0]

Are you and your significant other self-employed? I don't understand why... if the consulate is allowing a I-134.. that you are worried about tax returns if not self-employed. They would not be required by the instructions on the form and because:

""The rule clarified in 8 CFR 213a.5 that the regulations relating to the use of Forms I-864, I-864A, and I-865 do not apply to other situations where immigration or consular officers have permitted the use of Form I-134. ""

_______

I'm a little confused now. Are you saying that you don't have to submit tax and bank statements with the I-134? Everything my husband and I have is joint (except either of our earned incomes.)

I'm sorry if I don't really understand - am I just being stupid here? Either my husband's OR my earned income is enough to sponsor her fiance. So then just one of us signs the form, right?

[MariaEric 0]

Are you and your significant other self-employed? I don't understand why... if the consulate is allowing a I-134.. that you are worried about tax returns if not self-employed. They would not be required by the instructions on the form and because:

""The rule clarified in 8 CFR 213a.5 that the regulations relating to the use of Forms I-864, I-864A, and I-865 do not apply to other situations where immigration or consular officers have permitted the use of Form I-134. ""

_______

I'm a little confused now. Are you saying that you don't have to submit tax and bank statements with the I-134? Everything my husband and I have is joint (except either of our earned incomes.)

I'm sorry if I don't really understand - am I just being stupid here? Either my husband's OR my earned income is enough to sponsor her fiance. So then just one of us signs the form, right?

yes just one needs to sign if either are enough

I included that quote only because the I-864 form requires tax returns.. and i was indicating how that does not apply to I-134. So no.. no tax return for I-134 required unless self employed.

And yes you need to include bank info... but not in the form of a bank statement. You need to acquire a signed letter from the bank, preferrably on the business letterhead, which includes date account opened, current balance, and total amount of deposits for past year (for each account). You will also need to submit a signed letter from your employer on business letterhead which includes starting date and nature of employment, salary paid and if the position is permanent or temporary. And lastly... if applicable... submit a list of any bonds by serial number and name on bonds.

In my case... I submitted an employee letter and letters from my two banks (3 accounts). It also says to "submit in duplicate" but I did not ask her if they took and kept both copies of each.

Edited January 8, 2007 by MariaEric

[Ladylethal 12]

About the tax return, I dunno about Canada but Brazil requires tax returns and W2 even if not self-employed, and you WON'T get approved without it.

[Yodrak 7]

MariaEric,

The I-134 may not require tax returns, but the consulate may require (or at least ask for) them as part of the evidence it wants to see to determine that the visa applicant meets the public charge provisions of the law. At the same time the consulate may not require an I-134, although most consulates do.

Bank information is not required unless the assets kept with the bank are being used to meet the public charge requirements. People who wish to use only income to meet the public charge requirements need not provide any bank information.

Yodrak

.....

I included that quote only because the I-864 form requires tax returns.. and i was indicating how that does not apply to I-134. So no.. no tax return for I-134 required unless self employed.

And yes you need to include bank info... .....