I-134 Question for K1

[DavidandJenny 1]

After doing much research and also reveiwing/reading the actual I-134 thats available to download, im confused as to this requirement or is it a requirement?

It clearly states that "if you are self employed" then the latest or past 3 years 1040 is required. But if you are "not self employed" then you are required to provide only a letter from your employer, salary paid and whether temporary or fulltime. And the required bank information as well.

So, some sites say yes send tax info anyway and some say it isnt needed. And that they werent even asked for this when they had their interveiw. So which is it? Is there a newer I-134 form that can be downloaded that states clearly yes to this area?

Thanks...david

[My Lao Po 0]

After doing much research and also reveiwing/reading the actual I-134 thats available to download, im confused as to this requirement or is it a requirement?

It clearly states that "if you are self employed" then the latest or past 3 years 1040 is required. But if you are "not self employed" then you are required to provide only a letter from your employer, salary paid and whether temporary or fulltime. And the required bank information as well.

So, some sites say yes send tax info anyway and some say it isnt needed. And that they werent even asked for this when they had their interveiw. So which is it? Is there a newer I-134 form that can be downloaded that states clearly yes to this area?

Thanks...david

I understand your question !!

This is one of those exception things. While the current form I-134 speaks to the bank statement info and the employer info, and not a word about the 1040; the current [practice] is to have the last three years taxes available at the interview.

The practice has been, for the VIO’s to ask for one or more of the past year’s tax forms, even though there is no basis for this on the I-134, for an employed individual.

Moreover, while the taxes are not always asked for, I would not want to think about the consequence of not having them for her at the interview time.

Of the ones I know of who have had recent interviews and were asked for the tax return, most were asked only for the previous year’s return.

It is also my understanding, that if they ask for the tax return, they will not ask for the bank statement, usually only the employment verification letter. Remember, this will vary from Consulate or Embassy to another. I am basing my info on the practices at the US Consulate in Guangzhou, China.

[DavidandJenny 1]

After doing much research and also reveiwing/reading the actual I-134 thats available to download, im confused as to this requirement or is it a requirement?

It clearly states that "if you are self employed" then the latest or past 3 years 1040 is required. But if you are "not self employed" then you are required to provide only a letter from your employer, salary paid and whether temporary or fulltime. And the required bank information as well.

So, some sites say yes send tax info anyway and some say it isnt needed. And that they werent even asked for this when they had their interveiw. So which is it? Is there a newer I-134 form that can be downloaded that states clearly yes to this area?

Thanks...david

I understand your question !!

This is one of those exception things. While the current form I-134 speaks to the bank statement info and the employer info, and not a word about the 1040; the current [practice] is to have the last three years taxes available at the interview.

The practice has been, for the VIO’s to ask for one or more of the past year’s tax forms, even though there is no basis for this on the I-134, for an employed individual.

Moreover, while the taxes are not always asked for, I would not want to think about the consequence of not having them for her at the interview time.

Of the ones I know of who have had recent interviews and were asked for the tax return, most were asked only for the previous year’s return.

It is also my understanding, that if they ask for the tax return, they will not ask for the bank statement, usually only the employment verification letter. Remember, this will vary from Consulate or Embassy to another. I am basing my info on the practices at the US Consulate in Guangzhou, China.

Ok....well taken & well said. Thanks! I am referring to a K-1 visa application and this bothers me that they wouldnt be clear as to this as they should, especially if this IS required. We cant guess as to what to send, we onlly have what is printed and available.

Edited October 29, 2007 by DavidandJenny

[DakotaK1 1]

If your fiance is self employed then you need it,if he isnt then you dont.

Of course it is always good to provide it for the interview though.

I had my Interview in September and did not have any tax returns,the only thing I had with me was the employment letter,had no issues at all.

[Dakine 26]

After doing much research and also reveiwing/reading the actual I-134 thats available to download, im confused as to this requirement or is it a requirement?

It clearly states that "if you are self employed" then the latest or past 3 years 1040 is required. But if you are "not self employed" then you are required to provide only a letter from your employer, salary paid and whether temporary or fulltime. And the required bank information as well.

So, some sites say yes send tax info anyway and some say it isnt needed. And that they werent even asked for this when they had their interveiw. So which is it? Is there a newer I-134 form that can be downloaded that states clearly yes to this area?

Thanks...david

Don't take any chances.

Have the 3 years tax returns or tax transcripts [better] in hand at the interview.

You will need them later at the AOS anyway.

Surprises me when peeps try and "cut corners". Many people have ended up on AR at USEM from not having tax info.

Not a good idea when you get put on AR and argue you read you didn't need them!

[DavidandJenny 1]

After doing much research and also reveiwing/reading the actual I-134 thats available to download, im confused as to this requirement or is it a requirement?

It clearly states that "if you are self employed" then the latest or past 3 years 1040 is required. But if you are "not self employed" then you are required to provide only a letter from your employer, salary paid and whether temporary or fulltime. And the required bank information as well.

So, some sites say yes send tax info anyway and some say it isnt needed. And that they werent even asked for this when they had their interveiw. So which is it? Is there a newer I-134 form that can be downloaded that states clearly yes to this area?

Thanks...david

Don't take any chances.

Have the 3 years tax returns or tax transcripts [better] in hand at the interview.

You will need them later at the AOS anyway.

Surprises me when peeps try and "cut corners". Many people have ended up on AR at USEM from not having tax info.

Not a good idea when you get put on AR and argue you read you didn't need them!

Oh, but Im not trying to cut corners, Im just trying to provide what they ask for in the I-134, just as I did in the I-129F form & G325A. Specifically they have requests under A,B,C,D in the Supporting Evidence Section. And I am not "Self Employed".

There is nothing that states otherwise on the uscis website, or in this form, downloaded from here in the USA at the uscis website. So what would a person filing do if he/she didnt have this forum to rely upon and others for info??

Exactly, follow the instructions on the forms that are provided with accurate information, based upon facts. Im not trying or would I try to cut corners, this is too important to me.

[eric_and_teresa 10]

You need to keep in mind that every consulate is different and asks for different documents that must be submitted with I-134, I'd wait to see the instruction packet that the consulate will send to your fiance.

Just because some filers had gone through the interview without any tax returns it would NOT be wise to assume you'll do fine too, especially when we're talking of consulates of different countries.

My instruction packet clearly stated that I need to submit:

- Evidence of financial support:

a. I-134 Form signed by USC Fiancé and notarized.

b. 1040 y W-2 Forms (Copies of taxes paid by USCIS for the last 2 years)

Wait until your fiance gets her instruction packet, and follow those instructions.

Edited October 29, 2007 by eric_and_teresa

[Dakine 26]

There is nothing that states otherwise on the uscis website, or in this form, downloaded from here in the USA at the uscis website. So what would a person filing do if he/she didnt have this forum to rely upon and others for info??

Possibly end up on AR having to submit the ITRs. They eventually should get approval but there would be a delay of a month or two or more.

More ammo the better!

[eric_and_teresa 10]

There is nothing that states otherwise on the uscis website, or in this form, downloaded from here in the USA at the uscis website. So what would a person filing do if he/she didnt have this forum to rely upon and others for info??

You're one step ahead, but believe me... when your fiance gets her packet, it will say what you need to submit with I-134.

You wont find specific info. about this on the USCIS website, once your petition has been forwarded to the NVC and to the Consulate, it is Department of State's website where you have to look for info.

Applying for a Visa

The consular section at the embassy or consulate where you, the fiancé(e) of an American citizen, will apply for a visa, will tell you about any additional specific requirements that you need to fulfill to complete your visa application, such as where you need to go for the required medical examination. During the interview process, an ink-free, digital fingerprint scan will be taken. The following is required:

US Department of State's info. about Fiance Visas

[Dakine 26]

After doing much research and also reveiwing/reading the actual I-134 thats available to download, im confused as to this requirement or is it a requirement?

It clearly states that "if you are self employed" then the latest or past 3 years 1040 is required. But if you are "not self employed" then you are required to provide only a letter from your employer, salary paid and whether temporary or fulltime. And the required bank information as well.

So, some sites say yes send tax info anyway and some say it isnt needed. And that they werent even asked for this when they had their interveiw. So which is it? Is there a newer I-134 form that can be downloaded that states clearly yes to this area?

Thanks...david

Don't take any chances.

Have the 3 years tax returns or tax transcripts [better] in hand at the interview.

You will need them later at the AOS anyway.

Surprises me when peeps try and "cut corners". Many people have ended up on AR at USEM from not having tax info.

Not a good idea when you get put on AR and argue you read you didn't need them!

Oh, but Im not trying to cut corners, Im just trying to provide what they ask for in the I-134, just as I did in the I-129F form & G325A. Specifically they have requests under A,B,C,D in the Supporting Evidence Section. And I am not "Self Employed".

There is nothing that states otherwise on the uscis website, or in this form, downloaded from here in the USA at the uscis website. So what would a person filing do if he/she didnt have this forum to rely upon and others for info??

Exactly, follow the instructions on the forms that are provided with accurate information, based upon facts. Im not trying or would I try to cut corners, this is too important to me.

Try looking at the USEM website!

This from there!

Form I-134 Affidavit of Support . The I-134 Affidavit of Support is required for returning residents (SB-1), fiancé(e)s or spouses of U.S. citizens (K1, K3), children of K1 and K3 applicants, spouses and children of LPRs, applicants with special immigrant status, and follow-to-join derivative family members of employment-based (E) applicants. A copy of the sponsor's most recent Federal income tax return (Form 1040) should accompany the I-134. Fax copies of the ITR are acceptable.

[DavidandJenny 1]

Try looking at the USEM website!

This from there!

Form I-134 Affidavit of Support . The I-134 Affidavit of Support is required for returning residents (SB-1), fiancé(e)s or spouses of U.S. citizens (K1, K3), children of K1 and K3 applicants, spouses and children of LPRs, applicants with special immigrant status, and follow-to-join derivative family members of employment-based (E) applicants. A copy of the sponsor's most recent Federal income tax return (Form 1040) should accompany the I-134. Fax copies of the ITR are acceptable.

Yes I saw this today, no problem. At least I know now for sure. Thanks everyone for your valuable input -david

[Dakine 26]

Try looking at the USEM website!

This from there!

Form I-134 Affidavit of Support . The I-134 Affidavit of Support is required for returning residents (SB-1), fiancé(e)s or spouses of U.S. citizens (K1, K3), children of K1 and K3 applicants, spouses and children of LPRs, applicants with special immigrant status, and follow-to-join derivative family members of employment-based (E) applicants. A copy of the sponsor's most recent Federal income tax return (Form 1040) should accompany the I-134. Fax copies of the ITR are acceptable.

Yes I saw this today, no problem. At least I know now for sure. Thanks everyone for your valuable input -david

Doesn't say anything about submitting W2s or 1099s but they are definitely required also.

Tax transcripts are better as they are more valid. I submitted both 1040s and tax transcripts as I'm self employed and didn't have W2s or 1099s. worked for us at the USEM interview.

Surprising thing was the IO at the AOS went over the same ITRs carefully and added everything up. That was for the I-864 tho and most recent 3 years was required.

Ingat

[u2rsobad 0]

I tried to save myself any worry by sending it all.. 3 years tax transcripts, letters from employers and bank letters. I wanted to make sure that he has everything in case they ask him for it. Every consulate/embassy is different as are interviewers. Good luck!

[freecake 0]

I'm annoyed with this too. It doesn't say it anywhere on the I-134 nor did any of my fiance's instructions tell him to bring tax returns.

i got them ANYWAYS and sent them along because people here keep insisting.

[DavidandJenny 1]

I'm annoyed with this too. It doesn't say it anywhere on the I-134 nor did any of my fiance's instructions tell him to bring tax returns.

i got them ANYWAYS and sent them along because people here keep insisting.

Im afraid, annoyed or not, this has to be done. But come to think about it, they werent to specific with the other forms as well when filing for this K-1. So i will just do what Iam told at USEM for now.

It does concern me (after reading your post above) in that, even the instructions/packet didnt say, make reference to or ask for, require this with your case. Maybe this is a "By Country Thing".....depending on what country your fiance is from? This would make this process a lot easier and less confusing.....gees, i dont need more stress