Can someone explain Proof of Financial Support and Affidavit of Support Forms I-134 and I-864? Which one we have to fill out for K1 visa?

[mangomynz 2]

Hello,

I am really a bit confused with these two forms that you have to fill out and what the beneficiary needs to have for the interview. I have many questions about this and I hope you could help me out with this because I would appreciate any type of help!

 

Firstly, which document must we fill out for the K1 visa?

Also, it requires the signature of the person who will support the beneficiary financially, and he has to bring it to the interview. Is it okay to have like a printed file with the signature or photocopy of this signed document or does it have to be sent by mail or how does it work? 
Can there also be two people who can support you? Because I only see one person who can put the signature on the I-134 document? 
Do you need to provide some additional documents along with the I-134?
If the beneficiary is going to be financially supported by me or someone else, do you only need the filled-out form? Or do you need to provide a job contract or bank statement or what exactly?
I am also confused with Part 4 and Part 5 of the I-134 form. If someone is going to support you financially, does the entire document have to be filled out by that person, or do part 4 and part 5 have to be filled out?
So how much does it have to be in dollars to make sure it is above the poverty line to support beneficiary?
What is the most important factor when providing supporting documents and filling these forms for the K1? Does the bank account need to have a certain amount of money inside? Or what matters is the income from the job.

I appreciate any response or any explanation or suggestion about this. Thank you so much!

[MalloryCat 142]

30 minutes ago, mangomynz said:

Firstly, which document must we fill out for the K1 visa ?

I-134 is brought to the K-1 interview

I-864 is for adjustment of status, after you get married in the US

 

30 minutes ago, mangomynz said:

Also, it requires the signature of the person who will support the beneficiary financially, and he has to bring it to the interview. Is it okay to have like a printed file with the signature or photocopy of this signed document or does it have to be sent by mail or how does it work? 

I signed it and mailed it, but I believe most people will sign it, scan it, and email to the beneficiary for them to print and bring with them. it may depend on the embassy

 

30 minutes ago, mangomynz said:

Can there also be two people who can support you? Because I only see one person who can put the signature on the I-134 document? 

you can have a joint sponsor for the I-134. the beneficiary will bring 2 completed forms + evidence for each to the interview. One for the original petitioner and one for the joint sponsor.

 

30 minutes ago, mangomynz said:

Do you need to provide some additional documents along with the I-134?

the embassy will more than likely want current W2(s), tax return transcripts for the last 3 years, Statement(s) from your employer on business stationery showing:
A. Date and nature of employment;
B. Salary paid; and
C. Whether the position is temporary or permanent.

https://www.uscis.gov/sites/default/files/document/forms/i-134instr.pdf

if having a joint sponsor, this evidence would need to be provided by them as well.

 

30 minutes ago, mangomynz said:

If the beneficiary is going to be financially supported by me or someone else, do you only need the filled-out form? Or do you need to provide a job contract or bank statement or what exactly?

both you and a joint sponsor fill out separate I-134 and provide all evidence. please read the I-134 instructions I linked that lists evidence that can be provided. Note: you don't need every bit of evidence they suggest, the 3 things i listed above is more than enough. the biggest take away, the embassy will want to see current salary.

 

30 minutes ago, mangomynz said:

I am also confused with Part 4 and Part 5 of the I-134 form. If someone is going to support you financially, does the entire document have to be filled out by that person, or do part 4 and part 5 have to be filled out?

you do not need to include any of the financial details for the beneficiary. those areas can be filled in with a 0 or N/A. the beneficiary does not need to sign the form. this would only be done if the beneficiary was going to be supporting themself. and since the beneficiary cannot work right away when they move to the US, they cannot support themselves.

 

30 minutes ago, mangomynz said:

So how much does it have to be in dollars to make sure it is above the poverty line to support beneficiary?

the sponsor needs to make 100% of the federal poverty level. it depends on your household size. you include whoever lives in your household that you support. if it is just going to be you and the beneficiary, then you go based off a household size of 2. $20,440, this is before taxes are taken out. Note: when you reach the adjustment of status stage, the sponsor will need to be making 125% of the poverty level

 

30 minutes ago, mangomynz said:

What is the most important factor when providing supporting documents and filling these forms for the K1? Does the bank account need to have a certain amount of money inside? Or what matters is the income from the job.

the most important factor is current income. what is in your bank account doesn't really matter. the embassy wants to see that you make enough annually to support the beneficiary. this is done through the w2(s) and tax return transcripts. when my fiance had his interview they asked for both.

Edited August 7 by MalloryCat
info

[mangomynz 2]

@MalloryCat Thank you so much for the answers and help! It was very helpful!

[mangomynz 2]

I have a few questions on how exactly to file the I-134 document:

1. On page 6 of 13, Part 3, Part number 13. Current Employer's Address.
   Does it have the address of the main company building? Or the address where the person works? For example, in USCIS I-129f you had to fill in the main building of the company address, not the store of the company where you work.
2. On page 6 of 13, Part 3, Part number 14. Income.
   If I am going to support the beneficiary and I don't have any other dependants other than me then I should only write myself, right?
   Where do you get the annual income from? Did you calculate yourself? Or does it have to be listed by the company about my annual income? Because my income varies based on commission every month. Should I just calculate my income from last year?

[powerpuff 6,457]

4 hours ago, mangomynz said:

On page 6 of 13, Part 3, Part number 13. Current Employer's Address.
Does it have the address of the main company building? Or the address where the person works? For example, in USCIS I-129f you had to fill in the main building of the company address, not the store of the company where you work.

It could be either or. I personally would write the main address.

 

4 hours ago, mangomynz said:

On page 6 of 13, Part 3, Part number 14. Income.
If I am going to support the beneficiary and I don't have any other dependants other than me then I should only write myself, right?

Yes

4 hours ago, mangomynz said:

Where do you get the annual income from? Did you calculate yourself? Or does it have to be listed by the company about my annual income? Because my income varies based on commission every month. Should I just calculate my income from last year?

When my husband worked hourly with fluctuating overtime, the HR wrote a letter of employment and calculated based on the most recent paystubs. 

[mangomynz 2]

I got few more questions>

On boundless.com and I134 instructions form it says to also have bank statements, with deposit and current balance. Is it really required? Or tax returns or W2 is enough together with the statement from the employer if your income is enough and is above the poverty line.

Also, is 3 years of tax returns necessary? It says most recent, so shouldn't it be the last year's tax returns? Especially if you changed jobs and now this current job only shows a proper income that meets the requirements.

[OldUser 6,017]

6 minutes ago, mangomynz said:

I got few more questions>

On boundless.com and I134 instructions form it says to also have bank statements, with deposit and current balance. Is it really required? Or tax returns or W2 is enough together with the statement from the employer if your income is enough and is above the poverty line.

Also, is 3 years of tax returns necessary? It says most recent, so shouldn't it be the last year's tax returns? Especially if you changed jobs and now this current job only shows a proper income that meets the requirements.

How well above is your income the 125% of poverty guideline?

 

It's not unusual for USCIS to ask for 3 tax returns in this process. You may consider finding a joint sponsor with 3 years of income exceeding the guideline.

 

You either provide W2s and bank statemements OR tax return transcripts , as far as I know

Edited August 27 by OldUser

[mangomynz 2]

3 minutes ago, OldUser said:

How well above is your income the 125% of poverty guideline?

 

It's not unusual for USCIS to ask for 3 tax returns in this process. You may consider finding a joint sponsor with 3 years of income exceeding the guideline.

 

You either provide W2s and bank statemements OR tax return transcripts , as far as I know

Thank you for your answer. Right now, we are filing an I-134 document, so my income is 10k~ above the poverty line. 
For example, if a person changes jobs and new has a proper income that exceeds the guideline. I feel it would make sense if the most recent one (last year) should make sense. But like you mentioned, you may be right.
 

[Nous Eb 38]

21 hours ago, mangomynz said:

Thank you for your answer. Right now, we are filing an I-134 document, so my income is 10k~ above the poverty line. 
For example, if a person changes jobs and new has a proper income that exceeds the guideline. I feel it would make sense if the most recent one (last year) should make sense. But like you mentioned, you may be right.
 

 

I brought bank statements of both my then fiancé as well as my joint sponsor (my fiancé jut moved back to the US after having lived in The Netherlands for 10 years) of the past year. That turned out to be too much lol, as I was told I was kind of 'overprepared'. She did keep the most recent statements though. I attached the tax returns for 2022 with them as I didn't have 2023 yet in January and when I filed my AOS package I just included the whole shebang again for 2022 and added 2023 as the most recent. They probably have some double paperwork now but I rather give too much than not enough and get an RFE.

 

The 3 years of tax return is optional. I added the income of all three years of my joint sponsor to the form with my AOS, but didn't add the tax returns. My joint sponsor is retired with VA benefits so there is not much changing except for it going up each year and my husband didn't have a US income. I would add all three years if easy to obtain just to be sure if you have regular jobs though. Just in case.

 

I brought my latest employment contract and salary in the Netherlands to my interview even though I thought it was odd they would care/ask since I would leave my job, but I think they kept those as well. So if your fiancé has a good paying job and a solid contract overseas now, that might actually help the consulate decide, who knows. I would assume they want to see  if you can support yourself as soon as you get your work permit by checking what you did and for how long in your own country. Because I would have no idea why else they would want to see that. 

[mangomynz 2]

Do I need to have an original document of I-134 with a signature from my fiance in the US to bring to the interview? Or is a copy okay? 
Also, supportive documentation of I-134 (bank statements, Tax returns, etc.) are copies okay?

[powerpuff 6,457]

1 hour ago, mangomynz said:

Do I need to have an original document of I-134 with a signature from my fiance in the US to bring to the interview? Or is a copy okay? 

Scanned and printed is generally the norm. Wet signature is usually not required.

 

1 hour ago, mangomynz said:

Also, supportive documentation of I-134 (bank statements, Tax returns, etc.) are copies okay?

Yes