I-134 for K1 question

[Matheus 2]

Hey!

 

My Fiancee is preparing the I-134 and supporting documents to mail me, does she need to fill the I-134 basing on her annual salary or she needs to include her annual salary + bonus? In her company she could potentially earn an additional 6 to 7 thousand every year from this bonus program.
She is sending me an employment letter with her annual salary, not including bonus, W-2 from the last 3 years as well as Tax Forms (1040), 2 recent paystubs, official letters from her bank showing transactions for the last year, dates she opened the account, her I-134 is reflecting her annual salary, will there be a problem with it? Should she re-write her employment letter and I-134 including bonus or not?

Thanks in advance.

[Greenbaum 12,259]

1 hour ago, Matheus said:

Hey!

 

My Fiancee is preparing the I-134 and supporting documents to mail me, does she need to fill the I-134 basing on her annual salary or she needs to include her annual salary + bonus? In her company she could potentially earn an additional 6 to 7 thousand every year from this bonus program.
She is sending me an employment letter with her annual salary, not including bonus, W-2 from the last 3 years as well as Tax Forms (1040), 2 recent paystubs, official letters from her bank showing transactions for the last year, dates she opened the account, her I-134 is reflecting her annual salary, will there be a problem with it? Should she re-write her employment letter and I-134 including bonus or not?

Thanks in advance.

Future income cannot be used to support you now. Neither can past income. They will care about current income first. At the time you present the I-134, it needs to show the petitioner's current income...that is how much they are earning at that time. The past income may be considered for the public charge piece as well, but current income is what is required.
 

This is what you'll need. Embassy's are asking for tax transcripts and not 1040 anymore. You will get a 221(g) asking tor your TT after the interview. Revert to what is needed for your 6from the instructions in th P3 letter.

 

EVIDENCE OF SUPPORT. You should be able to demonstrate that you will not become a public charge or be a burden on the U.S. taxpayers for financial support. A completed I-134 Affidavit of Support Form (https://www.uscis.gov/i-134) K1/K2 Interview Preparation Instructions – English (February 2014)  Page 3 of 9 with an original signature will be useful to the consular officer to evaluate your petitioner’s ability to be financially responsible for you. You should also submit your petitioner’s most recent U.S. Federal income tax return (Form 1040) and wage statements (Form W-2). Employment letters stating salaries and bank statements may be included to substantiate the I-134. Get the IRS transcript in place of the actual 1040 here: https://www.irs.gov/Individuals/Get-Transcript Use this link to determine the income levels needed https://www.uscis.gov/i-864p.
 

Edited July 22, 2019 by Greenbaum

[Matheus 2]

Thanks @Greenbaum for the answer, I do know that future or past income doesn't matter so those documents that refer to the past are only being taken for reference in case they ever want to look at it, if they don't that's fine at least I have all those with me. I'm actually asking about her current income, that does include the bonus every month that she gets, question is, is it needed to mention the bonus on the I-134 or it doesn't matter? She does earn way above needed to support the K1 visa, question is only if she should mention anything about her bonus, because her annual income will be different than stated on her annual salary.

[Greenbaum 12,259]

24 minutes ago, Matheus said:

Thanks @Greenbaum for the answer, I do know that future or past income doesn't matter so those documents that refer to the past are only being taken for reference in case they ever want to look at it, if they don't that's fine at least I have all those with me. I'm actually asking about her current income, that does include the bonus every month that she gets, question is, is it needed to mention the bonus on the I-134 or it doesn't matter? She does earn way above needed to support the K1 visa, question is only if she should mention anything about her bonus, because her annual income will be different than stated on her annual salary.

If she can have her employer include the bonus in the employment letter all the better. But, because she earns "way" above then its not going to harm anything. When you present her tax transcript for last year it will confirm her earnings. 

[K.T 34]

I was in the same situation with your fiancee. I didn't include the bonus because it is not steady, one year you could get 4k another 7k. My employer letter was showing my base salary and include the most recent IRS transcript, you should be fine. We were way above the income requirement and they didn't ask about the letter from my employer, bank statements, w2 etc. 

[visafrompa 9]

On 7/22/2019 at 5:30 PM, Matheus said:

Hey!

 

My Fiancee is preparing the I-134 and supporting documents to mail me, does she need to fill the I-134 basing on her annual salary or she needs to include her annual salary + bonus? In her company she could potentially earn an additional 6 to 7 thousand every year from this bonus program.
She is sending me an employment letter with her annual salary, not including bonus, W-2 from the last 3 years as well as Tax Forms (1040), 2 recent paystubs, official letters from her bank showing transactions for the last year, dates she opened the account, her I-134 is reflecting her annual salary, will there be a problem with it? Should she re-write her employment letter and I-134 including bonus or not?

Thanks in advance.

 

Form I-134 Instructions 02/13/19

 

Supporting Evidence

Evidence should consist of copies of any of the documents listed below that apply to your situation.

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.

 

Doesn't mention W-2, 1040's, or paystubs.

 

 

 

 

 

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[samnrong 52]

On 7/25/2019 at 12:41 PM, visafrompa said:

 

Form I-134 Instructions 02/13/19

 

Supporting Evidence

Evidence should consist of copies of any of the documents listed below that apply to your situation.

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.

 

Doesn't mention W-2, 1040's, or paystubs.

 

 

 

 

 

Again, just because it isn't specifically stated in the instructions does not mean it is not required. There are plenty of posts on here of people being sent into AP becauses they didn't include the supporting files.

 

Good luck arguing with the CO who sends you into AP "but the instructions didn't say I needed it".

 

Word of advise, be overprepared. Bring the extra documents. Don't do the bare minimum as this user suggests. Follow the advice of the people like Greenbaum and other uses that are highly rated. They've been seeing this a long time and have seen all types of scenarios play out. If Greenbaum says to bring a W-2 to CYA then bring a W-2.

[visafrompa 9]

3 hours ago, samnrong said:

isn't specifically stated in the instructions does not mean it is not required

 

I think you need to realize what 'required documentation' means.  

 

Getting past USCIS and NVC really only requires some basic paperwork.  Yet people constantly do things like send in 500 pages of chat transcripts.  I-134s can be done with few documents, yet people send 200 pages of useless paper that are not applicable.  Your tax transcript is primary evidence, they hole significant weight over a 1040 (because you fill that out).  

 

 AOS is much harder (as you have to prove bonafide marriage) but a K-1 is dead simple.

 

I'm following my own advice, and my fiance is from a DOCUMENTED high marriage/visa fraud country (China... every thinks they are from a high fraud country.... but no one, well, except me, has ever posted a listing of documented high marriage fraud countries).

 

I'm sure that USCIS causes a lot of this confusion itself, some of the requirements are vague, and then you have the IO who can basically do whatever they heck they want. And I'm sure that there are days when IO simply have a bad day and no one, no matter the circumstances, get a visa.  I hope this is not true, but people are like that.  No one wants to get an RFE and waste time, but then again no one wants to do the MUCH SIMPLER IR/CR-1 that takes longer.

 

This is my second round with USCIS.  So yeah, I'll keep doing what has worked for me.  I'll continue to tell WHAT I DID, and that I NEVER HAD AN ISSUE.

 

As far as taking documents to the INTERVIEW, YES.  Take whatever you think will help.  But that's NOT the same thing as including them with the I-129F packet.  Read the Consulates web site for information and bring what they ask.    

 

I think you are misinterpreting what I am saying.  I am saying don't add bloat to the I-129F or I-134.  But have (in your hand, for the interview) additional documents.  That's one reason why they have the interview in the first place.

 

 

Edited July 29, 2019 by visafrompa

[samnrong 52]

11 minutes ago, visafrompa said:

As far as taking documents to the INTERVIEW, YES.  Take whatever you think will help.  But that's NOT the same thing as including them with the I-129F packet.  Read the Consulates web site for information and bring what they ask.    

 

I think you are misinterpreting what I am saying.  I am saying don't add bloat to the I-129F or I-134.  But have (in your hand, for the interview) additional documents.  That's one reason why they have the interview in the first place.

 

 

Umm, I think you’re misinterpreting here. The I-134 is NOT mailed to USCIS. It’s presented at the consulate before the interview. Taking documents to the interview is the same as having them prepared for submission of the form. There is nothing mailed in advance to USCIS. Therefore, if you show up to the consulate without the docs and they ask for it, you’re in AP.

[visafrompa 9]

2 minutes ago, samnrong said:

Umm, I think you’re misinterpreting here. The I-134 is NOT mailed to USCIS. It’s presented at the consulate before the interview. Taking documents to the interview is the same as having them prepared for submission of the form. There is nothing mailed in advance to USCIS. Therefore, if you show up to the consulate without the docs and they ask for it, you’re in AP.

An I-134 has different destinations depending on your visa.  But it requires only 2 pieces (with copies) of documentation to determine financial  support.

 

Now this is where USCIS make is murkey.  China is a 'high fraud' country.  So the consulate requires ADDITIONAL documentation:

 

https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/GUZ-Guangzhou.html#pre_interview_checklist

 

For returning residents (SB-1), diversity visa (DV), and fiancé (K1): The sponsor or petitioner who will financially support you should complete a Form I-134 and provide a copy of his/her IRS-issued tax transcript and all supporting financial documents needed to verify the income reported on his or her tax returns - i.e. W-2 form, 1099-MISC form, proof of rental income, proof of business income, proof of social security benefits, etc. for the latest year available 

 

Not all consulates require this.  So my fiance will have a tax transcript and my W-2s for 2018.  That's exactly two (well, six, you need to bring copies) pieces of paper.

 

Note NONE OF THE ITEMS REQUIRED BY THE CONSULATE are listed in the I-134.  

 

 

[samnrong 52]

2 minutes ago, visafrompa said:

An I-134 has different destinations depending on your visa.  But it requires only 2 pieces (with copies) of documentation to determine financial  support.

 

Now this is where USCIS make is murkey.  China is a 'high fraud' country.  So the consulate requires ADDITIONAL documentation:

 

https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/GUZ-Guangzhou.html#pre_interview_checklist

 

For returning residents (SB-1), diversity visa (DV), and fiancé (K1): The sponsor or petitioner who will financially support you should complete a Form I-134 and provide a copy of his/her IRS-issued tax transcript and all supporting financial documents needed to verify the income reported on his or her tax returns - i.e. W-2 form, 1099-MISC form, proof of rental income, proof of business income, proof of social security benefits, etc. for the latest year available 

 

Not all consulates require this.  So my fiance will have a tax transcript and my W-2s for 2018.  That's exactly two (well, six, you need to bring copies) pieces of paper.

 

Note NONE OF THE ITEMS REQUIRED BY THE CONSULATE are listed in the I-134.  

 

 

Umm, that's exactly what I said. To bring the W-2 and tax transcripts, which you are now acknowledging are needed, after previously giving advice that no such documents were required.

 

Also, not sure why you are bringing up other visas? This thread is specifically discussing K-1 visa. Information for other visas is irrelevant.

[Matheus 2]

Just an update on this for future people who might need this information:

For the interview I had the following documents with me:

 

Bank Statements
Checking Account Activity (1 year worth)
Letter of Employment
IRS Transcripts, W-2 and 1040
Earnings Statement (3 last pay stubs)
I-134

 

What's in bold it's what they actually wanted from those documents, this is for Brazil Rio de Janeiro, but you should bring all of this with you, you never know when they will ask you more evidence and if they do you are ready.
 

 

[Hank_ 9,174]

1 hour ago, Matheus said:

Just an update on this for future people who might need this information:

For the interview I had the following documents with me:

 

 

Bank Statements
Checking Account Activity (1 year worth)
Letter of Employment
IRS Transcripts, W-2 and 1040
Earnings Statement (3 last pay stubs)
I-134

 

What's in bold it's what they actually wanted from those documents, this is for Brazil Rio de Janeiro, but you should bring all of this with you, you never know when they will ask you more evidence and if they do you are ready.
 

 

 

For the Philippines it is about the same; IRS tax return/transcript, W-2 and the I-134.   All the rest .. embassy doesn't really care about.

[flfreddy 92]

IRS transcripts//// WOW .. i am so glad I found this post!!!!   I was going to just bring my 1040s.  THANKS VJ!!!