Affidavit of Support- freaking out!

[AnnaLouise 5]

Hi all!

My interview is on tuesday and I was going through the forms tonight and realised that my fiance has seemed to only have sent me 3 pay stubs, a letter from his employer and a statement of his position in the company for the affidavit of support. Is that sufficient evidence? Do we need tax returns? Does he need to prove he owns his building? I've been trawling this website and some say the pay stubs will suffice while others state they have submitted W2's.

I trust that my fiance researched things before he sent on the affidavit of support to me but I am freaking out.

Any advice will be greatly appreciated!

[amykathleen2005 441]

You need tax transcripts or returns with W 2's. Have him call the IRS and have them fax a copy of his tax transcripts to him, or have him go to one of their offices. Have him scan these and email them to you. You print them out and take them with you. Or if he has his FULL returns including all W's he can just scan these and send them to you.

Edited December 16, 2012 by amykathleen2005

[KayDeeCee 4,893]

You need tax transcripts or returns with W 2's. Have him call the IRS and have them fax a copy of his tax transcripts to him, or have him go to one of their offices. Have him scan these and email them to you. You print them out and take them with you. Or if he has his FULL returns including all W's he can just scan these and send them to you.

Most recent transcript is all that is needed. Have him get the tax return transcript from the IRS or make a copy of his complete return(all forms, schedules, W-2s and/or 1099s) and email them to you so you can print them out and take them with you to your interview.

If his income is sufficient, no need to list any assets at all. Leave that part of the I-134 blank.

[sabi 148]

Hi all!

My interview is on tuesday and I was going through the forms tonight and realised that my fiance has seemed to only have sent me 3 pay stubs, a letter from his employer and a statement of his position in the company for the affidavit of support. Is that sufficient evidence? Do we need tax returns? Does he need to prove he owns his building? I've been trawling this website and some say the pay stubs will suffice while others state they have submitted W2's.

I trust that my fiance researched things before he sent on the affidavit of support to me but I am freaking out.

Any advice will be greatly appreciated!

on my interview they only took pay stubs however I had pay stubs for the past 6 months. I also had last 3 years tax returns but they didn't want them. I guess it depends on who is interviewing... Is there a chance he can email you the rest? I believe they accept copies

[VanessaTony 3,567]

Tax returns or transcripts are NOT a requirement of the form. They could be a requirement of your country though so this is really an Ireland specific qn.

You need tax transcripts or returns with W 2's. Have him call the IRS and have them fax a copy of his tax transcripts to him, or have him go to one of their offices. Have him scan these and email them to you. You print them out and take them with you. Or if he has his FULL returns including all W's he can just scan these and send them to you.

Tax returns are not a requirement of the i-134.

Most recent transcript is all that is needed. Have him get the tax return transcript from the IRS or make a copy of his complete return(all forms, schedules, W-2s and/or 1099s) and email them to you so you can print them out and take them with you to your interview.

If his income is sufficient, no need to list any assets at all. Leave that part of the I-134 blank.

Tax returns are NOT a requirement of this form.

[sabi 148]

Tax returns or transcripts are NOT a requirement of the form. They could be a requirement of your country though so this is really an Ireland specific qn.

Tax returns are not a requirement of the i-134.

Tax returns are NOT a requirement of this form.

Incorrect, tax return is a requirement of the form if self employed....

On this occasion however looks like OP's fiance is an employee so the letter from his employer and a few pay stubs should suffice. Unfortunately in this process it is better to be over prepared than sorry so I would suggest to have as much proofs of the employment as possible...

[KayDeeCee 4,893]

Tax returns are NOT a requirement of this form.

9 FAM 40.41 N4.6-3 Use of Form I-134, Affidavit of Support

f. To substantiate the information regarding income and resources, the sponsor should attach to the affidavit a copy of the latest Federal income tax return filed prior to the signing of the Form I-134, including all supporting schedules. If you determine that the tax return and/or additional evidence in the file do not establish the sponsor's financial ability to carry out the commitment toward the immigrant for what might be an indefinite period of time, or there is a specific reason (other than the passage of time) to question the veracity of the income stated on the Form I-134 or the accompanying document(s), you should request additional evidence (i.e., statement from an employer showing the sponsor's salary and the length and permanency of employment, recent pay statements, or other financial data).

http://www.state.gov/documents/organization/86988.pdf

[VanessaTony 3,567]

9 FAM 40.41 N4.6-3 Use of Form I-134, Affidavit of Support

f. To substantiate the information regarding income and resources, the sponsor should attach to the affidavit a copy of the latest Federal income tax return filed prior to the signing of the Form I-134, including all supporting schedules. If you determine that the tax return and/or additional evidence in the file do not establish the sponsor's financial ability to carry out the commitment toward the immigrant for what might be an indefinite period of time, or there is a specific reason (other than the passage of time) to question the veracity of the income stated on the Form I-134 or the accompanying document(s), you should request additional evidence (i.e., statement from an employer showing the sponsor's salary and the length and permanency of employment, recent pay statements, or other financial data).

http://www.state.gov/documents/organization/86988.pdf

The form instructions do not state tax returns are required, and your quote says "should" not "must" (the quote is from the bottom of page 15 to top of page 16 for those interested). No-one looks up the FAM and instead relies on the instructions. I did not submit them and of course was approved.

I would suggest that anyone who relies on the above read the entire section, starting on page 12 of the linked document. But of course nothing should ever be read in small parts so the entire document would be better.

In fact, this section "9 FAM 40.41 N3.4-3 Other Aliens Exempt from the Form I-864 Requirement." states

d. The I-864 is not required for K visa applicants. However, such applicants will have to submit Form I-864 to DHS/USCIS at the time of adjustment of status to that of a lawful permanent resident (LPR). See 9 FAM 40.41 N11.7

"9 FAM 40.41 N11.7 Alien Seeking Admission as K Nonimmigrant" states:

Since K-1 (fiancé(e) of a U.S. citizen) and K-2 (child of the fiancé(e) of a U.S. citizen), K-3 (spouse of U.S. citizen), and K-4 (child of K-3) applicants are technically applying for nonimmigrant visas (NIV), they must use Form I-134, Affidavit of Support, if you determine that a Form I-134 is necessary. You must not require or accept Form I-864 in K visa cases. Such applicants will, however, have to submit Form I-864, to the DHS/USCIS at the time of adjustment of status to that of a lawful permanent resident (LPR). Also see 9 FAM 40.41 N3.4-3.

Re the bolded section above, some countries DO request the I-864 even though the FAM here clearly states they "must not".

As I stated, this is a country specific thing. Australia follows the instructions. Other countries make up their own rules so you need to check your countries rules. Or simply include the returns to cover your bases, even though, as I stated, they are not "required".

[AnnaLouise 5]

Hi guys! I had my interview today. I got my partner to send me his tax returns and I printed them off. I think it was a good no. I did as the administrator said "oh good you have his tax forms" though maybe it wouldn't have mattered.

We got approved anyway. They took my passport and said my packet was complete. Even got an A+ for organisation!

[Jacque67 7,328]

Congratulations

Edited December 18, 2012 by Jacque67

[AnnaLouise 5]

My typing is terrible. I am running on no sleep.

[Jacque67 7,328]

I understand!

[KayDeeCee 4,893]

The form instructions do not state tax returns are required, and your quote says "should" not "must" (the quote is from the bottom of page 15 to top of page 16 for those interested). No-one looks up the FAM and instead relies on the instructions. I did not submit them and of course was approved.

I would suggest that anyone who relies on the above read the entire section, starting on page 12 of the linked document. But of course nothing should ever be read in small parts so the entire document would be better.

In fact, this section "9 FAM 40.41 N3.4-3 Other Aliens Exempt from the Form I-864 Requirement." states

"9 FAM 40.41 N11.7 Alien Seeking Admission as K Nonimmigrant" states:

Re the bolded section above, some countries DO request the I-864 even though the FAM here clearly states they "must not".

As I stated, this is a country specific thing. Australia follows the instructions. Other countries make up their own rules so you need to check your countries rules. Or simply include the returns to cover your bases, even though, as I stated, they are not "required".

Yes, people should read the entire document which is the main reason I put the link in my post. Technically 'required' or not, I would never advise anyone to skip the tax return/transcript even if they are not self-employed. It is a simple and free thing to provide, and from what I have read of people's experiences all over the globe for the last few years, it appears the majority of consulates want to see the tax documents along with the I-134. Some have even wanted to see nothing else but the last return, even if the person had current income and proof of it.

We all know some things are country specific when it comes to the K-1 interview process. It is ALWAYS better to have something and not need it, then to not have something and need it. I will continue to advise people to include their most recent tax return/transcript with their I-134. I feel it would be a disservice to them not to.

Hi guys! I had my interview today. I got my partner to send me his tax returns and I printed them off. I think it was a good no. I did as the administrator said "oh good you have his tax forms" though maybe it wouldn't have mattered.

We got approved anyway. They took my passport and said my packet was complete. Even got an A+ for organisation!

Congrats!

[sabi 148]

congrats guys! Well done!

[VanessaTony 3,567]

Yes, people should read the entire document which is the main reason I put the link in my post. Technically 'required' or not, I would never advise anyone to skip the tax return/transcript even if they are not self-employed. It is a simple and free thing to provide, and from what I have read of people's experiences all over the globe for the last few years, it appears the majority of consulates want to see the tax documents along with the I-134. Some have even wanted to see nothing else but the last return, even if the person had current income and proof of it.

We all know some things are country specific when it comes to the K-1 interview process. It is ALWAYS better to have something and not need it, then to not have something and need it. I will continue to advise people to include their most recent tax return/transcript with their I-134. I feel it would be a disservice to them not to.

Exactly. I will (and have) suggested it from time to time but it's not "required" is my point. Always better to have and not need than need and not have.