Employment letter as supporting evidence for I-134 for a K-3 Visa

[ferger 0]

My situation is a bit different than anyone elses so I would like to ask anyones advice that have recently been thru the interview process at the Rio de Janeiro consulate.

Here is my situation:

I was not living in the USA from 2004 up until January 2007 so I do not have any Tax Returns or pay stubs from any company. Also since I got to the USA recently this year I have been working on my own from home, so I don't have any pay stubs and on top of that I have been living in Brazil since April of this year with my wife/child awaiting our interview which is finally taking place in June, plus since I was not in the USA last year and didn't make any money in the USA I also did not have to file a tax return for 2006 because of that.

I was wondering how strict are at the Rio consulate with the employment letter? Do they verify everything single thing on the letter? If so, how? I mean I could gladly bring one from my company but I do not know if that is acceptable in my case?

I am planning on going with my wife and child to the interview in Rio, is that viewed as a good thing by the consulate? Will they let me in the interview as well? Or should I just wait at the hotel? I don't know what to do becuase of my unique situation I find myself in, please help!!

Aslo I will bring them Tax returns but only from 2002 to 2004, would that help?

My income is well above the minimum required and my Bank statements show that, the thing is that some of my income from last couple of years was in a foreign country from some real estate properties and international investments in other countries other thant the USA I also have about $20,000 dollars in a US stock market account which I also have statements for and prove this as well.

Also I just bought a home in the USA in December which is under my name as well and gave a $20,000 down payment on it.

I am also awaiting the Bank Reference Letter / Immigration Letter that the I-134 asks for, that letter will prove that my account has been open and active since 1995 and will show a lot of depostis this last 8 months due to my moving back to the USA.

Is a copy of that letter acceptable or does it have to be the original? Reason I ask is becuase I will have my sister which is taking care of my house in the USA to scan the Bank letter and send it to me by e-mail and then I will print it here since I am in Brazil, or do I absolutely need the original?

Do you guys think all of that is enough?

Is the I-134 really that big of a deal?

Suggestions are welcome, please help me out with some advice

[pushbrk 12,881]

Is the I-134 really that big of a deal?

Suggestions are welcome, please help me out with some advice

The I-134 is an optional document but it's a good guideline for what is needed to overcome any public charge concerns. As a US Citizen you actually ARE REQUIRED to file a tax return, even if your income was foreign. So, I would get busy filing them if I were you. If for some reason you were not required to file a return, you'll need to cite the IRS regulation that supports that assertion. All your money earned abroad is not a reason.

If you can show proof of liquid assets at least three times the annual required (125% of poverty level for household size) then just document that. If you use the I-134 and are self employed, the form indicates the need to provide the most recent year's tax return to support the claimed income.

[ferger 0]

Is the I-134 really that big of a deal?

Suggestions are welcome, please help me out with some advice

The I-134 is an optional document but it's a good guideline for what is needed to overcome any public charge concerns. As a US Citizen you actually ARE REQUIRED to file a tax return, even if your income was foreign. So, I would get busy filing them if I were you. If for some reason you were not required to file a return, you'll need to cite the IRS regulation that supports that assertion. All your money earned abroad is not a reason.

If you can show proof of liquid assets at least three times the annual required (125% of poverty level for household size) then just document that. If you use the I-134 and are self employed, the form indicates the need to provide the most recent year's tax return to support the claimed income.

Thanks for the reply I forgot to mention that I called the IRS and they told me that if I made under $600 a year usually you dont need to file Tax returns which was my case. The foreign income is in another country where I also have citizenship in and therefore I payed taxes there for that income so as far as I know I dont have to pay them again in the USA.

Any more advice is wlecome and thanks for your insight.

[Yodrak 7]

ferger,

Failing to mention essential information when asking a question is an excellent way to get an inappropriate or incomplete answer in response, no fault of the responder.

Being required to file an income tax return is not the same as being required to pay income tax. However, the important point in your situation is that you were not requied to file a tax return because you were below the income threshhold for filing a return - not because you earned the income and were taxed on it in Brazil.

You give the USCIS the valid reason for not filing a return in lieu of a return.

Yodrak

.....As a US Citizen you actually ARE REQUIRED to file a tax return, even if your income was foreign. ....

Thanks for the reply I forgot to mention that I called the IRS and they told me that if I made under $600 a year usually you dont need to file Tax returns which was my case. The foreign income is in another country where I also have citizenship in and therefore I payed taxes there for that income so as far as I know I dont have to pay them again in the USA.

Any more advice is wlecome and thanks for your insight.

Edited June 22, 2007 by Yodrak

[ferger 0]

ferger,

Being required to file an income tax return is not the same as being required to pay income tax. However, the important point in your situation is that you were not requied to file a tax return because you were below the income threshhold for filing a return - not because you earned the income and were taxed on it in Brazil.

You give the USCIS the valid reason for not filing a return in lieu of a return.

Yodrak

Thanks for your reply, I'll take it into account!

Any more advice is wlecome...

[scarlethawk 0]

I would think if you have liquid assets (preferably in the USA) three times 125% of poverty level you should be okay. As somebody else mentioned, just make sure you have that documented. For a family of 3, it will be roughly $75k I think. Of course, the opinion is not certified by any means.

[bora bora 1]

I believe that it is a good idea to attend the interview.

I travelled to Rio to go with my husband (then fiance). The CO allowed me to be interviewed too - he even spoke to me more - in English. It is great proof to show that you are there - and how you and your wife are together.

Our interview didn't last longer than 6 minutes and was quite painless .

Good luck.

[ferger 0]

I would think if you have liquid assets (preferably in the USA) three times 125% of poverty level you should be okay. As somebody else mentioned, just make sure you have that documented. For a family of 3, it will be roughly $75k I think. Of course, the opinion is not certified by any means.

Thank you, I was thinking the same thing, that there should be an amount of money where you would not need other proof and you confirmed that. Thanks for the info.

[ferger 0]

I believe that it is a good idea to attend the interview.

I travelled to Rio to go with my husband (then fiance). The CO allowed me to be interviewed too - he even spoke to me more - in English. It is great proof to show that you are there - and how you and your wife are together.

Our interview didn't last longer than 6 minutes and was quite painless .

Good luck.

Thanks you very much for the comment, I will defintely go to consulate with my wife, its just that I did not know if I could go in to the actual interview with her, now i know.

[ferger 0]

Is the I-134 really that big of a deal?

Suggestions are welcome, please help me out with some advice

The I-134 is an optional document but it's a good guideline for what is needed to overcome any public charge concerns. As a US Citizen you actually ARE REQUIRED to file a tax return, even if your income was foreign. So, I would get busy filing them if I were you. If for some reason you were not required to file a return, you'll need to cite the IRS regulation that supports that assertion. All your money earned abroad is not a reason.

If you can show proof of liquid assets at least three times the annual required (125% of poverty level for household size) then just document that. If you use the I-134 and are self employed, the form indicates the need to provide the most recent year's tax return to support the claimed income.

Thanks a lot for the insight, I will take it in to consideration.

[paothao 0]

Is the I-134 really that big of a deal?

Suggestions are welcome, please help me out with some advice

The I-134 is an optional document but it's a good guideline for what is needed to overcome any public charge concerns. As a US Citizen you actually ARE REQUIRED to file a tax return, even if your income was foreign. So, I would get busy filing them if I were you. If for some reason you were not required to file a return, you'll need to cite the IRS regulation that supports that assertion. All your money earned abroad is not a reason.

If you can show proof of liquid assets at least three times the annual required (125% of poverty level for household size) then just document that. If you use the I-134 and are self employed, the form indicates the need to provide the most recent year's tax return to support the claimed income.

Thanks a lot for the insight, I will take it in to consideration.

I'll just say this, since your interview is coming up soon in June, 2008, there is no time to file any paper or getting any documentation in support of I-134 application. If the CO needs more proof in your case, they'll give you a detail letter that entails what they need. Like you mentioned, your case is a bit different, so if the CO indeed need more proof, you can then provide them with it. They'll allow/give you same day and up-to-a-year to provide the proof the CO is asking. After 1 year, they will disallow your case and you'll need to file new application as far as I know from what I saw on other people who didn't get their visa during the interview from Consular Officer.

[pushbrk 12,881]

Is the I-134 really that big of a deal?

Suggestions are welcome, please help me out with some advice

The I-134 is an optional document but it's a good guideline for what is needed to overcome any public charge concerns. As a US Citizen you actually ARE REQUIRED to file a tax return, even if your income was foreign. So, I would get busy filing them if I were you. If for some reason you were not required to file a return, you'll need to cite the IRS regulation that supports that assertion. All your money earned abroad is not a reason.

If you can show proof of liquid assets at least three times the annual required (125% of poverty level for household size) then just document that. If you use the I-134 and are self employed, the form indicates the need to provide the most recent year's tax return to support the claimed income.

Thanks a lot for the insight, I will take it in to consideration.

I'll just say this, since your interview is coming up soon in June, 2008, there is no time to file any paper or getting any documentation in support of I-134 application. If the CO needs more proof in your case, they'll give you a detail letter that entails what they need. Like you mentioned, your case is a bit different, so if the CO indeed need more proof, you can then provide them with it. They'll allow/give you same day and up-to-a-year to provide the proof the CO is asking. After 1 year, they will disallow your case and you'll need to file new application as far as I know from what I saw on other people who didn't get their visa during the interview from Consular Officer.

You're a year late. This interview was June, 2007.