Self-employment proof of income for London?

[bernie_elizabeth 2]

I'm sponsoring my fiance who is a UK citizen and I've heard every embassy is a bit different when it comes to how they deal with the income requirement.

Can anyone who is self-employed share the kinds of documents they needed along with the I-134? Tax returns, proof of income, letters from clients, etc?

Also, my income for the past few years has been below the cutoff line, but I have a Roth IRA with more than 5 times the difference. Technically this should be okay, but I'm worried they'll still deny us without a co-sponsor. Has anyone on here applied with a similar situation without issue? My income may change between now and the interview in a few months but assuming it's still below the line, I'd like to be prepared.

Any tips would be much appreciated!

[Nich-Nick 3,354]

With self-employed the proof comes from line 22 of your form 1040. There are no pay stubs or employer letters. For a fiancé and an I-134, there is no "5 times" rule and 100% of the poverty level can be accepted. It is a subjective decision by the officer. Your Roth might impress him. If your UK fiancé has some good savings, bring financial statements. London will be pretty flexible. A joint spouse sponsor might be the best choice, even if you only produce that if they don't like what you offer.

[bernie_elizabeth 2]

With self-employed the proof comes from line 22 of your form 1040. There are no pay stubs or employer letters. For a fiancé and an I-134, there is no "5 times" rule and 100% of the poverty level can be accepted. It is a subjective decision by the officer. Your Roth might impress him. If your UK fiancé has some good savings, bring financial statements. London will be pretty flexible. A joint spouse sponsor might be the best choice, even if you only produce that if they don't like what you offer.

Sorry, I'm not sure if I quite understand. I thought I read that the requirements for a I-134 and fiance visa that you either had to make the income cutoff with line 22 of your form 1040 OR make up the difference with another cash asset, like savings. Are you saying that this isn't the case overall, or just for England?

And just to confirm, in the case of being self-employed, they'll accept it if I can prove income of 100% of the poverty line for a 2-person household? (it's just the two of us)

I'm also not sure what you mean by a joint spouse sponsor, since we won't be married yet, and I didn't think it was an option to present my fiance's income for a K1.

Thanks so much for all the info!

[Nich-Nick 3,354]

Sorry, I'm not sure if I quite understand. I thought I read that the requirements for a I-134 and fiance visa that you either had to make the income cutoff with line 22 of your form 1040 OR make up the difference with another cash asset, like savings. Are you saying that this isn't the case overall, or just for England?

Where did you read it? It is not in the instructions for the I-134

Supporting Evidence

As the sponsor, you must show you have sufficient income or financial resources to assure that the alien you are sponsoring will not become a public charge while in the United States.

Notice it does not give a dollar amount or instructions on how to make up for a shortfall of income with assets. It is the form I-864 used for spouse visas as well as your fiancé's AOS application that has specific instructions about amount, assets, shortfalls.

And just to confirm, in the case of being self-employed, they'll accept it if I can prove income of 100% of the poverty line for a 2-person household? (it's just the two of us)

I can't confirm what your interviewing officer will view as acceptable. but you can read what their guiding instructions are straight from the Foreign Affairs Manual. Most of it is details about the I-864, but you will find I-134 discussion on page 15-16. Don't miss the last paragraph on page 15. http://www.state.gov/documents/organization/86988.pdf

You might also like this bit from the Dept of State FAQ http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html#9 Which says--

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.

I'm also not sure what you mean by a joint spouse sponsor, since we won't be married yet, and I didn't think it was an option to present my fiance's income for a K1.

Thanks so much for all the info!

That was a typo- joint sponsor it should say.

It is well documented that beneficiaries are allowed to self-sponsor by London. In that case, there is no I-134 at all. The beneficiary presents their finances...savings, house sale, proof they will continue to be paid by the App Store for phone apps they have created and continue to sell <--(yes that is a real UK forum experience.)

One last thing to read from London concerning public charge http://london.usembassy.gov/faffidavit.html

Edited July 25, 2014 by Nich-Nick

[bernie_elizabeth 2]

Where did you read it? It is not in the instructions for the I-134

Supporting Evidence

As the sponsor, you must show you have sufficient income or financial resources to assure that the alien you are sponsoring will not become a public charge while in the United States.

Notice it does not give a dollar amount or instructions on how to make up for a shortfall of income with assets. It is the form I-864 used for spouse visas as well as your fiancé's AOS application that has specific instructions about amount, assets, shortfalls.

I can't confirm what your interviewing officer will view as acceptable. but you can read what their guiding instructions are straight from the Foreign Affairs Manual. Most of it is details about the I-864, but you will find I-134 discussion on page 15-16. Don't miss the last paragraph on page 15. http://www.state.gov/documents/organization/86988.pdf

You might also like this bit from the Dept of State FAQ http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html#9 Which says--

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.

That was a typo- joint sponsor it should say.

It is well documented that beneficiaries are allowed to self-sponsor by London. In that case, there is no I-134 at all. The beneficiary presents their finances...savings, house sale, proof they will continue to be paid by the App Store for phone apps they have created and continue to sell <--(yes that is a real UK forum experience.)

One last thing to read from London concerning public charge http://london.usembassy.gov/faffidavit.html

I can't find where I read the 125% issue but it may have been on a forum here or on another immigration site. I sent in the I-134 with our initial application on the advice of a lawyer I consulted who said they would almost definitely request it as a RFE, so I should save myself the time and send it in right off the bat. I included the I-134, a copy of last year's tax return, and a letter from my bank about my savings.

My income is over 100% of the poverty line (for two people), but not 125%. From what you're saying, it sounds like we're fine then - or at least it wouldn't stop us from getting an NOA2. I just got scared for a second that they would deny our application now based on my income.

Moving forward though, it sounds like I should make sure we have my past few years tax transcripts and evidence of both of our savings to take to the interview.

If you or anyone else has any experience with providing evidence as a self-employed person, I'd love to hear stories/experiences

[Nich-Nick 3,354]

Your lawyer is wrong. The I-134 has nothing to do with the I-129F petition. The first time it is needed is the day you fiancé hands it over at the interview in London. Do a fresh one when you get the NOA2 and mail it to your fiancé.

[bernie_elizabeth 2]

She just said she had other clients get an RFE for it. Even though they don't ask for it in the instructions. Strange. But the information there would've just supported our case, so I guess it won't hurt us at all.

Good point though, I'll make sure I fill it out again, with the relevant documents updated, and send it along with her to the interview.