Regarding I-134 income requirement

[kevingrass 0]

Hi everyone. I am in the process of petitioning my fiance and have some questions regarding I-134 form.

1. Is I-134 the one we need for affidavit of support? I heard there is I-864. Which one should I use? And I heard it depends on the Country where my fiance is from. Anyone here is from China? Please help me. Thank you.

2. I just graduated from College last May and started my full-time job in Sep, 2006. Thus, my 2006 tax return only shows approx. $15,321 in salaries and wages, and $1,940 in taxable interests even though my annual salary is above $50K. Is it OK? Also, I have requested a proof of employment from the firm I am currently working in, which shows my starting date and current salaries as required on the instruction. So, is it ok even though my 06 tax return only shows a total of $17200 in adjustment gross income? I have heard that it is better to provide the college diplomat so that they will know when you graduated. Is that helpful? If I also include all my ADP payroll statements from Jan 07, will that be helpful? And I also got a consulate letter from my bank which lists all my accounts, their starting dates, and current balances. But it doesn't include the total deposits within the past year since the bank said that's the only format they use for such letter. So is that ok or I should provide all my bank statements within the past 1 year in order to show all the deposits?

3. Regarding the proof of employment, how recent does it need to be? Let's say if my fiance's interview is in August, do I need to get that letter in the same month or it's ok if I get it now (dated May)?

4. If the above is not sufficient, how am I supposed to get a co-sponsor? My cousin is willing to help me, but do I need to state in a separate letter saying that he is going to be the co-sponsor or he just needs to fill out the form and has it notaried? If so, is his 06 tax return sufficient enough (the total income is above the proverty requirement) since he just changed his job and won't start until the end of this month.

I really appreciate if anyone can help me with the above questions. I know it's a little too long:), but hope I can get the answers. Thanks in advance!!

[Dan J 277]

Hi everyone. I am in the process of petitioning my fiance and have some questions regarding I-134 form.

1. Is I-134 the one we need for affidavit of support? I heard there is I-864. Which one should I use? And I heard it depends on the Country where my fiance is from. Anyone here is from China? Please help me. Thank you.

2. I just graduated from College last May and started my full-time job in Sep, 2006. Thus, my 2006 tax return only shows approx. $15,321 in salaries and wages, and $1,940 in taxable interests even though my annual salary is above $50K. Is it OK? Also, I have requested a proof of employment from the firm I am currently working in, which shows my starting date and current salaries as required on the instruction. So, is it ok even though my 06 tax return only shows a total of $17200 in adjustment gross income? I have heard that it is better to provide the college diplomat so that they will know when you graduated. Is that helpful? If I also include all my ADP payroll statements from Jan 07, will that be helpful? And I also got a consulate letter from my bank which lists all my accounts, their starting dates, and current balances. But it doesn't include the total deposits within the past year since the bank said that's the only format they use for such letter. So is that ok or I should provide all my bank statements within the past 1 year in order to show all the deposits?

3. Regarding the proof of employment, how recent does it need to be? Let's say if my fiance's interview is in August, do I need to get that letter in the same month or it's ok if I get it now (dated May)?

4. If the above is not sufficient, how am I supposed to get a co-sponsor? My cousin is willing to help me, but do I need to state in a separate letter saying that he is going to be the co-sponsor or he just needs to fill out the form and has it notaried? If so, is his 06 tax return sufficient enough (the total income is above the proverty requirement) since he just changed his job and won't start until the end of this month.

I really appreciate if anyone can help me with the above questions. I know it's a little too long:), but hope I can get the answers. Thanks in advance!!

1. Both may be used. But only the I-864 is legally binding. And that is filed with the AOS. I-134 is may be used with the interview but it does depend on the country, when your fiancee gets the packet from the embassy it will tell you what they require.

2. Get a letter from your employer and I might include current pay stubs. But you wont need to worry about your past income.

3. I think its fine, but if you want to be sure, contact the consulate. You will find an email address in the embassy info part of this site.

4. You should be fine. If your current salary is $50k per year thats way more than enough to meet the requirements. If you were to use your cousin as a co-sponsor, he would have to fill out the I-134 form and provide documentation.

[kevingrass 0]

Hi everyone. I am in the process of petitioning my fiance and have some questions regarding I-134 form.

1. Is I-134 the one we need for affidavit of support? I heard there is I-864. Which one should I use? And I heard it depends on the Country where my fiance is from. Anyone here is from China? Please help me. Thank you.

2. I just graduated from College last May and started my full-time job in Sep, 2006. Thus, my 2006 tax return only shows approx. $15,321 in salaries and wages, and $1,940 in taxable interests even though my annual salary is above $50K. Is it OK? Also, I have requested a proof of employment from the firm I am currently working in, which shows my starting date and current salaries as required on the instruction. So, is it ok even though my 06 tax return only shows a total of $17200 in adjustment gross income? I have heard that it is better to provide the college diplomat so that they will know when you graduated. Is that helpful? If I also include all my ADP payroll statements from Jan 07, will that be helpful? And I also got a consulate letter from my bank which lists all my accounts, their starting dates, and current balances. But it doesn't include the total deposits within the past year since the bank said that's the only format they use for such letter. So is that ok or I should provide all my bank statements within the past 1 year in order to show all the deposits?

3. Regarding the proof of employment, how recent does it need to be? Let's say if my fiance's interview is in August, do I need to get that letter in the same month or it's ok if I get it now (dated May)?

4. If the above is not sufficient, how am I supposed to get a co-sponsor? My cousin is willing to help me, but do I need to state in a separate letter saying that he is going to be the co-sponsor or he just needs to fill out the form and has it notaried? If so, is his 06 tax return sufficient enough (the total income is above the proverty requirement) since he just changed his job and won't start until the end of this month.

I really appreciate if anyone can help me with the above questions. I know it's a little too long:), but hope I can get the answers. Thanks in advance!!

1. Both may be used. But only the I-864 is legally binding. And that is filed with the AOS. I-134 is may be used with the interview but it does depend on the country, when your fiancee gets the packet from the embassy it will tell you what they require.

2. Get a letter from your employer and I might include current pay stubs. But you wont need to worry about your past income.

3. I think its fine, but if you want to be sure, contact the consulate. You will find an email address in the embassy info part of this site.

4. You should be fine. If your current salary is $50k per year thats way more than enough to meet the requirements. If you were to use your cousin as a co-sponsor, he would have to fill out the I-134 form and provide documentation.

[YuAndDan 153]

You use I-134 at the consulate for the visa interview, you use the I-864 when you sponsor the green-card later when you adjust status.

Yes think of the I-134 as the Non-immigrant affidavit of support, and the I-864 as the Green-Card Affidavit of support.

K-1 is a Non-immigrant and the consulate uses I-134

CR-1 is Immigrant and directly results in a Green-Card issued and requires the I-864

The K-1 adjusts status in the USA, and the I-864 is needed to be filed when adjusting status because AOS generates a Green-Card.

You can use a co sponsor, but you still need to provide an I-134

In our case this what the I-134 included.

• I-134 signed and notarized.
  
• Tax transcripts from the IRS for past 3 years, (Redundant for the (1040,W2,1099) but are free from the IRS
  
• Photo copy of IRS form 1040, and W2s for past 3 years
  
• Letter from my employer stating annual salary, job responsibility, and that is full time, on company letterhead.
  
• Photo copies of past 6 months pay stubs up to a few weeks before the interview.
  

Your income needs to be above 125% of the poverty line.

Lastly I see you will be dealing with Guangzhou consulate, I highly recommend "A Candle for Love" http://candleforlove.com That board deals exclusively with the problems encounter with that consulate in particular.

Sample of resources there:

http://cflgallery.com/FAQ/CFL_FAQ_Interview_Final1.htm

http://cflgallery.com/FAQ/CFL_Interview_Questions_Final1.htm

Edited May 19, 2007 by YuAndDan

[YuAndDan 153]

Income requirement with regards to Guangzhou, is it MUST be over the 125% poverty line, they WILL issue a blue-slip for anything less.

I read all the time on Candle about the nightmare that that consulate can be, join Candle and read all that you can to prepare for that gauntlet.

[kevingrass 0]

Thanks so much for your advice. Actually I just registered there. So it looks like "proof of employment", "06 tax return showing my income from sep to dec 06", "Adp payroll statements from Jan 07 to now", "graduation diplomat", "consoluate letter from the bank showing account info" are sufficient enough, right?

[YuAndDan 153]

Thanks so much for your advice. Actually I just registered there. So it looks like "proof of employment", "06 tax return showing my income from sep to dec 06", "Adp payroll statements from Jan 07 to now", "graduation diplomat", "consoluate letter from the bank showing account info" are sufficient enough, right?

Letter from bank is good if you need to use that asset to make up the difference of income and 125% povertyline.

But yes is sufficient if your income is above the poverty line at 125%

SEE: http://www.uscis.gov/files/form/I-864P.pdf

125% povertyline for 2 is $17,112

Also assets in the bank are only valued at 1/3 so lets say income is 1000 below the 125% poverty line, then you will need 3000 in assets to make up the difference

[iamjasonbunch 0]

I would like to mention something...

I read the instructios on the I-134 and it is very clear what supporting evidence it is asking for. For one, it does not mention anything about tax papers unless you are self-employed. The only other two sections ( A and B ) clearly state the following:

"A. Statement from an officer of the bank..."

"B. Statement of your employer.."

I really think you can add all the additional evidence you want, but sometimes having what they ask for is enough. If you have a job making 50k a year... and a letter from your employer showing it... you are clearly well over the 125% povery requirement, and you are supplying the exact document stated in the affidavit instructions.

IF my fiancee gets to the interview and they look at the affidavit I supplied her with... and they claim that I did not supply enough evidence when I supplied then with my bank papers showing well over the 125% requirement sitting in a saving account, and my job which pays well over double the 125%... I don't think even the issue of being a new hire from 8 months ago will matter much. What do they expect if you just follow instructions?

By the way... good thing I read this post... I sent my originals of all the evidence to my fiancee... and now I will have to tell her to make two copies of everything because I overlooked the word "copies" and "in duplicate".

My question to the veterans around here is... what did they ask of you at the interview? Did they say, "Please show me your I-134 and evidence... wait, I need more than what it is asking for even though you meet the requirements." ?

Edited May 20, 2007 by iamjasonbunch

[YuAndDan 153]

I would like to mention something...

I read the instructios on the I-134 and it is very clear what supporting evidence it is asking for. For one, it does not mention anything about tax papers unless you are self-employed. The only other two sections ( A and B ) clearly state the following:

"A. Statement from an officer of the bank..."

"B. Statement of your employer.."

I really think you can add all the additional evidence you want, but sometimes having what they ask for is enough. If you have a job making 50k a year... and a letter from your employer showing it... you are clearly well over the 125% povery requirement, and you are supplying the exact document stated in the affidavit instructions.

IF my fiancee gets to the interview and they look at the affidavit I supplied her with... and they claim that I did not supply enough evidence when I supplied then with my bank papers showing well over the 125% requirement sitting in a saving account, and my job which pays well over double the 125%... I don't think even the issue of being a new hire from 8 months ago will matter much. What do they expect if you just follow instructions?

By the way... good thing I read this post... I sent my originals of all the evidence to my fiancee... and now I will have to tell her to make two copies of everything because I overlooked the word "copies" and "in duplicate".

My question to the veterans around here is... what did they ask of you were at the interview? Did they say, "Please show me your I-134 and evidence... wait, I need more than what it is asking for even though you meet the requirements." ?

Guangzhou has different standards with regard to evidence needed for I-134

To substantiate the information regarding income and resources the sponsor should attach two or more of the following items to the affidavit:

1. Notarized copies of his or her latest federal income tax return; (Tax transcripts are acceptable in place of (1040,W2,1099) Notarizing not needed either)
   
2. A statement from his or her employer showing salary and the length and permanency of employment;
   
3. A Statement from an officer of a bank regarding his or her account, the date the account was opened, and the present balance; (This has to do with assets and is not needed if income is adequate, I did not bother with this)
   
4. Any other evidence adequate to establish financial ability to carry out his or her undertaking toward the applicant for what might be an indefinite period of time.
   

http://guangzhou.usconsulate.gov/uploads/i...w/3._OF-167.pdf

[iamjasonbunch 0]

Guangzhou has different standards with regard to evidence needed for I-134

Using the following url to the OF-167, http://guangzhou.usconsulate.gov/uploads/i...w/3._OF-167.pdf, I noticed that it is the same OF-167 (or should I say similar without the foreign letters) for my case with the Polish Embassy in Warsaw.

If you read it, again.. it clearly states under the AFFIDAVIT OF SUPPORT section that "(Sponsor) should use Form I-134, Affidavit of Support..." The next sentence explains your other option if you choose not to use the Form I-134... "Sponsors may also elect to furnish a statement in the form of an affidavit sworn to before a notary... bla bla". Then it goes on to explaining what the sponsors affidavit should include.

Finally, now to what you quoted:

"To substantiate the information regarding income and resources the sponsor should attach two or more of the following items to the affidavit: ... "

It all seems clear to me that these are items to be included in the case that you decided to take route two and make your own statement in the form of an affidavit. They were making clear instructions to what you should include in the case that you did go that route.

Any other takers on this one?

Edited May 20, 2007 by iamjasonbunch

[YuAndDan 153]

Correct though GUZ can and has requested the IRS returns to prove what is on the form. Consider that the interviewing officer is part of the immigrant visa unit, and tends to use the financial evidence requirements of the I-864 with the I-134.

[iamjasonbunch 0]

Correct though GUZ can and has requested the IRS returns to prove what is on the form. Consider that the interviewing officer is part of the immigrant visa unit, and tends to use the financial evidence requirements of the I-864 with the I-134.

The sad part is the most important key figure in the entire interview process... the interviewing officer has total discretion over the case. Because you were able to furnish 100% of the items in all the forms and whatever else they asked of you... they can still reject your case based on some other issue not having to do with the I-134, or just delay the entire process longer if you have a weak case and come up with some lame excuse why you did not get your visa.

Again... having more might be better, but sometimes having too much might throw some red flags, and difficult questions for you to answer.

[kevingrass 0]

Thanks a lot for all the reply.

I have a further question: do I need to have my 06 tax return notarized? How can I do that then since there is no place for the Public to write and sign on my tax return? Or I just need to get that sealed?

Thanks again!!

[rebeccajo 14]

Tax returns don't need to be notarized.

The I134 is used differently from consulate to consulate as there is no law underpinning it. Some consulates don't use it at all. But most do as it can provide a snapshot of the sponsors financial condition.

The level of visa fraud that occurs amongst a nations population sometimes impacts a consulates decision as to how to use the affidavit. The bar for financial solvency may be set higher, just as bonafides of the relationship be more in-depth.

It's usually an excellent idea to read up on recent experiences for your consulate and learn what is required.

[YuAndDan 153]

Thanks a lot for all the reply.

I have a further question: do I need to have my 06 tax return notarized? How can I do that then since there is no place for the Public to write and sign on my tax return? Or I just need to get that sealed?

Thanks again!!

It does not need to be notarized, just the I-134 form it self.

I recommend getting the tax transcripts from the IRS.