i-134 supporting evidence for K-1 interview

[stacyt 209]

Hello!

 

I know it's been answered but I can't get the search to properly work for me.

 

In i-134 instruction, they say:

 

As the sponsor, you must show you have sufficient income or financial resources to assure that the foreign national you are sponsoring will not become a public charge while in the United States. Evidence should consist of copies of any of the documents listed below that apply to your situation. Failure to provide evidence of sufficient income or financial resources may result in the denial of the foreign national’s application for a visa or his or her removal from the United States. Submit in duplicate evidence of income and resources, as appropriate:

 

A. Statement from an officer of the bank or other financial institutions with deposits, identifying the following details regarding the account:

(1) Date account opened;

(2) Total amount deposited for the past year; and

(3) Present balance.

 

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.

 

C. If self-employed:

(1) Copy of last income tax return filed; or

(2) Report of commercial rating concern.

 

D. List containing serial numbers and denominations of bonds and name of record owner(s).

 

 

My question is: does this mean I need to provide all the documents listed in ANY of the points (A-D), not all of them?

 

So say if my fiance is employed, and we will get:

 

- statement from the employer

- latest pay stubs

- his W-2

- Taxes from 2016 (he hasn't filed 2017 yet for certain legal reasons)

 

Would they consider it sufficient evidence? I'm mainly worried because it's 2018 and the tax report is from 2016. They did approve our K-1 this year with 2016 tax return.

 

 

Please, share your experience what evidence you had and got approved  Thank you!

[Ash.1101 1,756]

They're going to need the most recent year, 2017.

He can write a statement as to why he hasn't filed taxes, but not doing so will hurt his case.


With that said, if you had all of that, AND the 2017 tax return and he makes enough then you're good.


Also you said they approved your K-1 this year, they didn't because you haven't had the interview. They approved the I-129F, which doesn't ask for financial proof, if you sent it anyways, it doesn't matter and had no impact on the I-129F.

Finances are one of the things they can get very picky about, it's best to have a strong financial case because they know you will be doing this again for AOS.

Edited August 23, 2018 by Ash.1101

[stacyt 209]

4 minutes ago, Ash.1101 said:

They're going to need the most recent year, 2017.

He can write a statement as to why he hasn't filed taxes, but not doing so will hurt his case.


With that said, if you had all of that, AND the 2017 tax return and he makes enough then you're good.


Also you said they approved your K-1 this year, they didn't because you haven't had the interview. They approved the I-129F, which doesn't ask for financial proof, if you sent it anyways, it doesn't matter and had no impact on the I-129F.

 

Gotcha. Thanks. In Ukrainian embassy checklist instruction it says: 

 

Proof of financial support - Affidavit of Support I-134 with the latest tax return OR W-2 form

 

😭 Hope I'm right.... I will have him write the statement. He actually has official delay permission from IRS so he will get me that as well  

Edited August 23, 2018 by stacyt

[Alabamak1 688]

39 minutes ago, stacyt said:

 

Gotcha. Thanks. In Ukrainian embassy checklist instruction it says: 

 

Proof of financial support - Affidavit of Support I-134 with the latest tax return OR W-2 form

 

😭 Hope I'm right.... I will have him write the statement. He actually has official delay permission from IRS so he will get me that as well  

At the embassy in Kiev, they ask for all of that usually, especially the latest tax return. 

 

I was present for the interview:

 

I-134, last 3 months of paystubs, W-2, tax returns of last 3 years (2017, 2016 and 2015), bank letter (checking and savings), employment letter and to be completely sure... my 401k also. Last one wasn't asked for, but the CO was satisfied the financial stuff was there. 

 

Good luck 

[Ash.1101 1,756]

43 minutes ago, stacyt said:

 

Gotcha. Thanks. In Ukrainian embassy checklist instruction it says: 

 

Proof of financial support - Affidavit of Support I-134 with the latest tax return OR W-2 form

 

😭 Hope I'm right.... I will have him write the statement. He actually has official delay permission from IRS so he will get me that as well  

Yeah the office delay could help.

But real proof is the tax return WITH supporting W2's OR a tax transcript.

[geowrian 22,337]

The CO looks at the totality of the circumstances to determine the public charge concern. Some COs require the most recent year's tax return: either a tax transcript or the 1040 + all W2s/1099s/etc. I'll defer to others going through the same embassy/consulate with regards to what they typically request.

 

For the I-864 for AOS (after getting the visa and marrying in the US within 90 days), he must have filed taxes for the 3 most recent tax years (unless he was not required to file). If he filed for an extension, then add in evidence that he filed for the extension and provide the 2016 return instead.

 

50 minutes ago, stacyt said:

They did approve our K-1 this year with 2016 tax return.

What does this mean? Your K-1 was already approved...? Then what are you filing for?

Or do you mean the I-129F was approved. If so, they did not and will not look at any financial documentation at that stage as it does not pertain to the I-129F.

[stacyt 209]

1 minute ago, geowrian said:

The CO looks at the totality of the circumstances to determine the public charge concern. Some COs require the most recent year's tax return: either a tax transcript or the 1040 + all W2s/1099s/etc. I'll defer to others going through the same embassy/consulate with regards to what they typically request.

 

For the I-864 for AOS (after getting the visa and marrying in the US within 90 days), he must have filed taxes for the 3 most recent tax years (unless he was not required to file). If he filed for an extension, then add in evidence that he filed for the extension and provide the 2016 return instead.

 

What does this mean? Your K-1 was already approved...? Then what are you filing for?

Or do you mean the I-129F was approved. If so, they did not and will not look at any financial documentation at that stage as it does not pertain to the I-129F.

My bad. Approved I-129f but as I’ve already learned it was irrelevant.

 

I will ask him to get me the extension proof. Hopefully with all the things I have plus his income being way way above requested level, we will be okay 😓

 

he will have the taxes paid by the time we file AOS

 

Thanks for help!

[GreatDane 366]

USCIS isn't necessarily going to be satisfied that the IRS has issued an extension. It's the beauty of different organizations having different standards. They will want the most recent tax information. It is up to the CO processing your case. It could come down to paying the taxes owed and becoming up to date or delaying/resubmitting your petition. 

[Alabamak1 688]

@stacyt i personally wouldn't be so comfortable with an extension letter. One of the main things i do remember from the CO, i see everything is in order and you have all your tax returns. Also, i noticed you and your fiance have visited and seen both of your families. blablabla.... what IMO the CO wants to make 100% sure, is that the financial stuff is iron clawed. The bonafide relationship has no grounds to stand w/o the financial. just saying. 

[stacyt 209]

Alright thanks everyone! So the extension happened due to business merger in 2017 and it’s just paperwork that is being done. I kinda felt that having annual income way over 100k and pay stubs to prove that,  employer letter, older tax returns, w-2 and all that would be enough. Apparently, no. Thanks guys, will see what I can do 😥