I-134: Didn't earn enough this year but starting a job that exceeds requirement

[runphilrun 0]

My fiancee (Brazil) and I are preparing our I-129F. This year's W2 puts me below the 125% line, but as a graduating student I will be working full time by the time of the interview, earning well over the minimum yearly requirement.

1) For the I-134, is it acceptable for my W2 to be below the requirement if my current employment exceeds it?

2) Can we apply before I begin working at my new job if I have an official job offer/contract?

Thanks!

[RobertM54 36]

According to the 02/19/2014 version of the I-134 instructions, if you are employed as a W-2 you need

B. Statement(s) from your employer on business stationery showing:

1. Date and nature of employment;

2. Salary paid; and

3. Whether the position is temporary or permanent.

People here with more experience may have additional insight.

[tamcloud 92]

To add to the above, you can apply before your new job starts, but you'll need a co-sponsor. You need to be actively employed/meeting the requirements, for the I-134...a job offer won't suffice.

[runphilrun 0]

Thanks for the replies!

To clarify, if I have a statement from my employer and a pay stub, etc., that DOES meet the requirements, but my most recent tax return documents (ie previous year's earnings) do NOT meet the requirement, is that a satisfactory affidavit of support?

[tamcloud 92]

Thanks for the replies!

To clarify, if I have a statement from my employer and a pay stub, etc., that DOES meet the requirements, but my most recent tax return documents (ie previous year's earnings) do NOT meet the requirement, is that a satisfactory affidavit of support?

You would still need to submit your tax filings (recommend transcripts) with the other documentation. Even if they don't show eligible earnings, they are proof that you've filed your taxes.

[RobertM54 36]

You would still need to submit your tax filings (recommend transcripts) with the other documentation. Even if they don't show eligible earnings, they are proof that you've filed your taxes.

Where does this come from? It is not what the I-134 instructions say as of February 2014!

http://www.uscis.gov/sites/default/files/files/form/i-134instr.pdf

Edited February 1, 2016 by RobertM54

[tamcloud 92]

Where does this come from? It is not what the I-134 instructions say as of February 2014!

http://www.uscis.gov/sites/default/files/files/form/i-134instr.pdf

Well, maybe he won't need them. But, they were on the list of supporting docs that my fiancee needed to take to the consulate.

[RobertM54 36]

Well, maybe he won't need them. But, they were on the list of supporting docs that my fiancee needed to take to the consulate.

As always - what the consulate needs for the interview takes precedence- Department of State verses Department of Homeland Security.

[tamcloud 92]

Thanks for the replies!

To clarify, if I have a statement from my employer and a pay stub, etc., that DOES meet the requirements, but my most recent tax return documents (ie previous year's earnings) do NOT meet the requirement, is that a satisfactory affidavit of support?

I wasn't able to edit my previous post, but if it helps, here's what I sent:

•I-134 Form

•W2 Forms (last 3 years)

•Tax Transcripts (last 3 years)

•Pay check stubs (last 3)

•Letter of employment (on company letterhead showing start date and nature of employment, salary paid and that my position is permanent and full-time)

•Letter from the Bank (on Bank letterhead showing date the account was opened and the current balance.

Edited February 1, 2016 by tamcloud

[kyrachos 11]

Our situations are slightly different as I had to fill out an I-864 (for a CR1 visa for my husband) and our embassies are different (in the end, it will be up to the CO), but here is what happened to my case:

When I first submitted the I-864, I was earning well below the poverty line. My I-864 reflected that salary even though I knew I would be getting a raise before the interview (you can only include your current earnings, not hypothetical/potential salary). I included a co-sponsor.

I received a raise (putting me several thousand dollars over the poverty requirement) exactly one month before my husband's interview. I was/am still at the same company, but they doubled my salary because I was moving back to the US and would continue working for them there. At the interview, I submitted a new affidavit of support (I-864) and asked to cancel the joint sponsor. I included a letter of employment, my one pay stub that included the new rate (I included older pay stubs, but only the most recent showed the change), and 6 months of bank statements showing regular deposits. The CO accepted it and approved my husband's visa. The embassy sent back the canceled co-sponsor's form/supporting evidence with my husband's passport/visa.

Essentially, to answer your questions, you can only include what your current yearly salary is at your current job. If there is an update to it by the time of the interview, you can have your fiancee submit a new form on your behalf. If you currently don't earn above the poverty line, you will have to include a co-sponsor (if only as a stand in until the interview; but the potential co-sponsor should know that it's up to the CO's/embassy's discretion...they might cancel the joint sponsor, they might not if they don't trust your work stability or whatever).

If you have sufficient proof that you are earning above the poverty line right now (employment letter, several pay stubs), then I think you technically don't need a co-sponsor, but if you just started your job, then it won't hurt to include one in the initial submission (to prevent possible delays) and have your fiancee ask to cancel the co-sponsor at the interview if possible.

Edited February 1, 2016 by kyrachos

[runphilrun 0]

kyrachos's response is exactly what I was looking for. Thanks for all the help!

[tamcloud 92]

Great! Good luck on your journey!