I - 134 confusion -

[mollyreyna 0]

Hello everyone,

First, thank you to all for being a constant source of support for me. I think I'd be going out of my mind without you guys!

We've heard no word of approval (and no touches for a long time) but I want to get all my stuff together beforehand.

1. I wanted to confirm that if I want to file K3 and adjust status in the US then I will need the I-134 and not the I-864, correct?

2. I didn't file a 2005 tax return since I didn't make enough money. Now that I have a full-time permanent job, I make enough, but I'm afraid I will have to file an extension for 2006 while I'm getting my husband's ITIN. I wanted my dad to be a co-sponsor and sign the I-134 in case the interview comes before I'm able to file. There are no instructions for joint sponsors so I wanted to know if we both my dad and I fill I-134 out and sent over to husband for interview. It's as simple as that? It seems as though the instructions for the I-864 are a little more clear.

3. Other possibility is that I file an extension and send in my tax return as I have completed it, along with the extension and a note saying why I haven't completed it all and not use my dad as a joint sponsor.

Please advise!

Thanks everyone.

[TimsDaisy 0]

Even if you make below the level for paying taxes, don't you still have to file your paperwork to get back whatever was contributed during the year? Did you have an employer who withheld money for taxes?

I thought if you had a job at all and were given a W2, you needed to file.

[mollyreyna 0]

Even if you make below the level for paying taxes, don't you still have to file your paperwork to get back whatever was contributed during the year? Did you have an employer who withheld money for taxes?

I thought if you had a job at all and were given a W2, you needed to file.

I found this on the IRS website, which leads me to believe that I should have filed for I don't have to.

I was abroad the entire time and didn't make more than the minimum needed to file.

Filing Requirements

If you are a U.S. citizen or resident alien, the rules for filing income, estate, and gift tax returns and for paying estimated tax are generally the same whether you are in the United States or abroad.

Your income, filing status, and age generally determine whether you must file an income tax return. Generally, you must file a return for 2006 if your gross income from worldwide sources is at least the amount shown for your filing status in the following table.

Filing Status* Amount

Single $8,450

65 or older $9,700

Head of household $10,850

65 or older $12,100

Qualifying widow(er) $13,600

65 or older $14,600

Married filing jointly $16,900

Not living with spouse at end of year $3,300

One spouse 65 or older $17,900

Both spouses 65 or older $18,900

Married filing separately $3,300

*If you are the dependent of another taxpayer, see the instructions for Form 1040 for more information on whether you must file a return.

[Yodrak 7]

mollyreyna,

For the K3 visa application whoever sponsors your husband for the visa will use I-134.

For the adjustment of status you will execute an I-864, anyone who you use as a Joint Sponsor will execute an I-864, and you and anyone who you use as a Household Member will jointly execute an I-864A.

Yodrak

Hello everyone,

First, thank you to all for being a constant source of support for me. I think I'd be going out of my mind without you guys!

We've heard no word of approval (and no touches for a long time) but I want to get all my stuff together beforehand.

1. I wanted to confirm that if I want to file K3 and adjust status in the US then I will need the I-134 and not the I-864, correct?

.....

[mollyreyna 0]

mollyreyna,

For the K3 visa application whoever sponsors your husband for the visa will use I-134.

For the adjustment of status you will execute an I-864, anyone who you use as a Joint Sponsor will execute an I-864, and you and anyone who you use as a Household Member will jointly execute an I-864A.

Yodrak

Hello everyone,

First, thank you to all for being a constant source of support for me. I think I'd be going out of my mind without you guys!

We've heard no word of approval (and no touches for a long time) but I want to get all my stuff together beforehand.

1. I wanted to confirm that if I want to file K3 and adjust status in the US then I will need the I-134 and not the I-864, correct?

.....

Thanks for your replies!

So, I am the "Petitioner", but my dad can be the "Sponsor" which means that he is financially sponsoring my husband?

Thanks for sharing your wisdom!

[Yodrak 7]

mollyreyna,

For the K visa, yes. (This doesn't mean that you might not be asked for your financial information, but if it's clear that you do not qualify then you will not be the sponsor.)

For adjustment of status or immigrant visa, whichever way your husband goes to acquire LPR status, no.

Yodrak

mollyreyna,

For the K3 visa application whoever sponsors your husband for the visa will use I-134.

For the adjustment of status you will execute an I-864, anyone who you use as a Joint Sponsor will execute an I-864, and you and anyone who you use as a Household Member will jointly execute an I-864A.

Yodrak

Hello everyone,

First, thank you to all for being a constant source of support for me. I think I'd be going out of my mind without you guys!

We've heard no word of approval (and no touches for a long time) but I want to get all my stuff together beforehand.

1. I wanted to confirm that if I want to file K3 and adjust status in the US then I will need the I-134 and not the I-864, correct?

.....

Thanks for your replies!

So, I am the "Petitioner", but my dad can be the "Sponsor" which means that he is financially sponsoring my husband?

Thanks for sharing your wisdom!

[Portlander 0]

I'm in the same boat. So I DO NOT need to file an I-134, and my dad (the sponsor) DOES?

Do I understand this correctly? thanks

[sunset2005 0]

PRTLANDER... i believe that you still do fill out the I134 and your dad will fill out one as well as the sponsoer. I am not 100% sure but hopefully you will find the CORRECT answer.

I'm in the same boat. So I DO NOT need to file an I-134, and my dad (the sponsor) DOES?

Do I understand this correctly? thanks

[Yodrak 7]

Portlander,

I've seen no anecdotal evidence coming from Thailand, so prudence would dictate that you provide your wife with a financial sponsorship package.

If you want to find out the answer to your question, have your wife submit only the financial information from your father and keep your information handy in case it is asked for. If the consular officer asks why she is submitting your father's information and not yours, have her explain why. The consular officer may stop there, but if they want to see your information anyway then your wife will be prepared to hand it over.

Let us know how it goes.

Yodrak

I'm in the same boat. So I DO NOT need to file an I-134, and my dad (the sponsor) DOES?

Do I understand this correctly? thanks

[aussiewench 9]

PRTLANDER... i believe that you still do fill out the I134 and your dad will fill out one as well as the sponsoer. I am not 100% sure but hopefully you will find the CORRECT answer.

I'm in the same boat. So I DO NOT need to file an I-134, and my dad (the sponsor) DOES?

Do I understand this correctly? thanks

There is no provision with the I-134 for a joint sponsor like there is with the I-864. The I-134 if required can be either the US petitioner (typically used), or a close family member or friend. As Yodrak stated, the petitioners financial information may be requested, but that doesn't mean that the petitioner necessarily needs to complete an I-134 as well. This is something that has been perpetuated on immigration boards for some reason.

See: 9 FAM 40.41 N4.6-3 Use of Form I-134, Affidavit of Support Under INA 213A (CT:VISA-823; 07-14-2006)

http://foia.state.gov/masterdocs/09fam/0940041N.pdf Take care if reading the entire document to distinguish between the sections on the I-134 and the I-864 (not used for K visas).

Edited March 29, 2007 by aussiewench