Business Owner I-134 question

[Lil bear 4,214]

14 minutes ago, payxibka said:

Agreed, his listed asset is shares not cash.  In the end, doesn't appear he needs it

Yes  my non clear wording .. and yes , non issue 

[brazilk1visa 12]

1 hour ago, Lil bear said:

Yes  my non clear wording .. and yes , non issue 

Looks like I could go 2 ways:

1. claim I am an employee, show pay stubs (income above threshold). The letter of employment would be weird as I would have to write it myself, no?

2. claim I am self-employed, which everyone seems to be against. 

 

I don't want to sound like a broken record but I am still not sure what is the best way to go. I am really afraid of claiming that I am employed, and end up being questioned about writing myself an employment letter and being the owner of my own business, it just feels weird...

[payxibka 10,045]

8 minutes ago, brazilk1visa said:

Looks like I could go 2 ways:

1. claim I am an employee, show pay stubs (income above threshold). The letter of employment would be weird as I would have to write it myself, no?

2. claim I am self-employed, which everyone seems to be against. 

 

I don't want to sound like a broken record but I am still not sure what is the best way to go. I am really afraid of claiming that I am employed, and end up being questioned about writing myself an employment letter and being the owner of my own business, it just feels weird...

You don't need an employment letter.   You are making this much more difficult than it need be

[brazilk1visa 12]

3 minutes ago, payxibka said:

You don't need an employment letter.   You are making this much more difficult than it need be

I have to disagree, they make it very clear that I need a letter of employment. It is in the I-134 instructions PDF and the website "https://www.uscis.gov/i-134".

See bellow, please (taken from instructions https://www.uscis.gov/system/files_force/files/form/i-134instr.pdf?download=1):

 

 

Edited August 21, 2019 by brazilk1visa

[payxibka 10,045]

Just now, brazilk1visa said:

I have to disagree, they make it very clear that I need a letter of employment. It is in the I-134 instructions PDF and the website "https://www.uscis.gov/i-134".

See bellow, please:

 

 

Let me explain something.   The DOS is not bound by uscis policy and in fact they routinely make there own policy and when it comes to the i134 they do.  I have NEVER given anything other than tax information proving income.   Never a bank statement nor an employment letter.   

[brazilk1visa 12]

4 minutes ago, payxibka said:

Let me explain something.   The DOS is not bound by uscis policy and in fact they routinely make there own policy and when it comes to the i134 they do.  I have NEVER given anything other than tax information proving income.   Never a bank statement nor an employment letter.   

Thanks for clarifying where you are coming from and it makes sense. Do you think that logic applies to a consulate interview in Brazil? Is that considered DOS? I am not as versed on this stuff as you guys

[payxibka 10,045]

Just now, brazilk1visa said:

Thanks for clarifying where you are coming from and it makes sense. Do you think that logic applies to a consulate interview in Brazil? Is that considered DOS? I am not as versed on this stuff as you guys

Department of State is NVC , Embassies and Consulates.   I think there was a recent thread where RIO was tax return, W2 and few recent paystubs.  When you're fiancee gets the information packet,  RIo might say exactly what they expect as well 

[Pitaya 2,577]

6 minutes ago, brazilk1visa said:

Thanks for clarifying where you are coming from and it makes sense. Do you think that logic applies to a consulate interview in Brazil?Government bureaucracy and logic can be two different concepts. Is that considered DOS? See below. I am not as versed on this stuff as you guys

As soon as you say "consulate" in this context, you are referring to an office of the Bureau of Consular Affairs of the US Department of State (DOS). That is a different department than the US Department of Homeland Security (DHS) and its service, the US Citizen and Immigration Service (USCIS). Both departments have been charged with administration, enforcement, and promulgation of regulations related to their particular portions of the Immigration and Nationality Act of 1965 (INA). The latest in a long line of Immigration laws passed by Congress.

 

https://en.wikipedia.org/wiki/Bureau_of_Consular_Affairs

[brazilk1visa 12]

1 hour ago, payxibka said:

Department of State is NVC , Embassies and Consulates.   I think there was a recent thread where RIO was tax return, W2 and few recent paystubs.  When you're fiancee gets the information packet,  RIo might say exactly what they expect as well 

So I found the sheet you mentioned (from another thread) where they state what they need (which is exactly what they already say in the information packet).

It is in Portuguese but it says on item #16 FINANCIAL SUPPORT:

-Form I-134;

-Last Federal Tax Return;

-proof of current employment;

-pay stubs;

-bank statements.

 

As you can see, "proof of current employment" is listed and to me, it can only mean a letter from the employer since pay stubs are a separate item in the list.

Is there any other option that would be considered proof of employment?

 

 

Edited August 21, 2019 by brazilk1visa

[brazilk1visa 12]

12 hours ago, brazilk1visa said:

So I found the sheet you mentioned (from another thread) where they state what they need (which is exactly what they already say in the information packet).

It is in Portuguese but it says on item #16 FINANCIAL SUPPORT:

-Form I-134;

-Last Federal Tax Return;

-proof of current employment;

-pay stubs;

-bank statements.

 

As you can see, "proof of current employment" is listed and to me, it can only mean a letter from the employer since pay stubs are a separate item in the list.

Is there any other option that would be considered proof of employment?

 

 

bump

[payxibka 10,045]

6 minutes ago, brazilk1visa said:

bump

A paystubs from last week is proof of continuing employment 

 

Since I don't read Portuguese,  don't know if it says required or suggested or something else 

Edited August 21, 2019 by payxibka

[brazilk1visa 12]

2 hours ago, payxibka said:

A paystubs from last week is proof of continuing employment 

 

Since I don't read Portuguese,  don't know if it says required or suggested or something else 

The language is exactly the same from the link they provide interview email ( https://br.usembassy.gov/visas/fiancee/the-interview-2/😞

 

"You must submit evidence showing that you and members of your family who will accompany you are not likely to become public charges while in the U.S. If you are going to use Affidavits of Support or job offer letters, make sure they were issued and signed within one year.

The petitioner may fill out an Affidavit of Support, Form I-134. The sponsor must attach proof of his/her income such as: copy of last U.S. Federal Income Tax (form 1040), proof of current employment, job offer, pay-slip, etc. One form is sufficient for all family members. You may present your own means of support."

 

I guess it depends on how you interpret it and they I interpret it, is they are separate things. But let me know what you think, I almost don't care anymore because it is at the discretion of an officer that can decided anything based on whatever they thing is appropriate or not. The rules are definitely not clear to sponsors in my position and that is very frustrating.

 

Edited August 21, 2019 by brazilk1visa

[p-ana 933]

The i134 says “as appropriate” after listing the documents you can give to support the income you’re claiming

 

i already responded in another thread recently, the rdj consulate won’t care for the letter if you have recent paystubs and your income is higher than the poverty guidelines. I did not hand any employment letter and here I am roc approved. I think I gave two printouts of two random months of a few transactions from checking account though 

 

The letter in Portuguese says “proof of current employment” - it could be a signed contract, for example. 

[payxibka 10,045]

38 minutes ago, brazilk1visa said:

The language is exactly the same from the link they provide interview email ( https://br.usembassy.gov/visas/fiancee/the-interview-2/😞

 

"You must submit evidence showing that you and members of your family who will accompany you are not likely to become public charges while in the U.S. If you are going to use Affidavits of Support or job offer letters, make sure they were issued and signed within one year.

The petitioner may fill out an Affidavit of Support, Form I-134. The sponsor must attach proof of his/her income such as: copy of last U.S. Federal Income Tax (form 1040), proof of current employment, job offer, pay-slip, etc. One form is sufficient for all family members. You may present your own means of support."

 

I guess it depends on how you interpret it and they I interpret it, is they are separate things. But let me know what you think, I almost don't care anymore because it is at the discretion of an officer that can decided anything based on whatever they thing is appropriate or not. The rules are definitely not clear to sponsors in my position and that is very frustrating.

 

For me the definitive is the.    such as:  they are providing evidence types but none are required nor must you include all.  If your 1040 income is high enough then you can stop there.  I have only ever provided my 1040.  

[brazilk1visa 12]

4 hours ago, p-ana said:

The i134 says “as appropriate” after listing the documents you can give to support the income you’re claiming

 

i already responded in another thread recently, the rdj consulate won’t care for the letter if you have recent paystubs and your income is higher than the poverty guidelines. I did not hand any employment letter and here I am roc approved. I think I gave two printouts of two random months of a few transactions from checking account though 

 

The letter in Portuguese says “proof of current employment” - it could be a signed contract, for example. 

thanks p-ana, it is good to hear from someone that went specifically to the RDJ consulte. I still am not sure if I should claim self-employed or employed, given that I have both paystubs but own the company. I personally think it is very weird to say you are self-employed and show pay stubs... 2 layers recommended that I claim I am self employed tho, hence all this insecurity I've been spilling all over this thread.