I-134, what evidence is needed?

[ameriken]

There seems to be some confusion about what evidence to bring to the interview with the I-134.

 

1) The I-134 itself requires an employment letter and a bank statement, but does not require last years taxes unless the petitioner is self employed.

 

2) Trumping this rule, is the GZ website, which asks for the I-134 and for the applicant to bring last years taxes (for every petitioner, self emp or not), but the website does NOT mention the employment letter or bank statment.

 

3) Furthermore, the OF-167 with P3 states to bring "Two or more of the following items", of which taxes are one of four possible items to bring. Which again implies that if you bring two items other than the taxes, then the taxes are not needed.

 

Can you clarify exactly what evidence you wish to see at the interview with the I-134, and what is not necessary?

[USCONGUZ]

There seems to be some confusion about what evidence to bring to the interview with the I-134.

 

1) The I-134 itself requires an employment letter and a bank statement, but does not require last years taxes unless the petitioner is self employed.

 

2) Trumping this rule, is the GZ website, which asks for the I-134 and for the applicant to bring last years taxes (for every petitioner, self emp or not), but the website does NOT mention the employment letter or bank statment.

 

3) Furthermore, the OF-167 with P3 states to bring "Two or more of the following items", of which taxes are one of four possible items to bring. Which again implies that if you bring two items other than the taxes, then the taxes are not needed.

 

Can you clarify exactly what evidence you wish to see at the interview with the I-134, and what is not necessary?

182957[/snapback]

Dear CFL Members,

 

It's important to keep in mind that for K visas, the I-134 is actually not a required document. However, it is a requirement that the applicant be able to demonstrate that he/she is not likely to become a public charge once entering the U.S. The I-134 is a good method of demonstrating that an applicant will not become a public charge. Therefore, the rules are more flexible than with the I-864. That's why you are given options of what documents to provide.

 

Generally you should follow the same guidelines as with the I-864. Tax returns for the last three years and employment letters provide good evidence of income. If a petitioner has filled out a I-134 and has sufficient income, then that should suffice. However, if the petitioner's income is not sufficient, they might also wish to provide evidence of assets.

 

Immigrant Visa Unit, U.S. Consulate, Guangzhou, China

[david_dawei]

To follow up on your comment about the I-864...

 

A member recently posted this to our attention:

 

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http://uscis.gov/graphics/lawsregs/handboo...upprt112305.pdf

RE: USCIS policy regarding Form I-864, Affidavit of Support

 

This memorandum notifies that a person completing an Affidavit of Support(Form I-864) on behalf of an adjustment of status applicant is only required to file one Federal income tax retum, for the tax year that is most recent as of the date the Form I-864 was signed, rather than having to submit a Federal income tax return for each of the three most recent tax years.

 

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Will the consulates be applying the same requirement [change] to one year of taxes along with the I-864 for CR1 interviews?

 

(while it does state this is for adjustment of status applicants, the CR1 appliant does their 'adjust' through the National Visa Center and can now supply only one year of taxes... I know the I-864 is forwarded to the consulate and does not have to be updated for the interview, but sometimes taxes do).

[USCONGUZ]

To follow up on your comment about the I-864...

 

A member recently posted this to our attention:

 

---

 

http://uscis.gov/graphics/lawsregs/handboo...upprt112305.pdf

RE: USCIS policy regarding Form I-864, Affidavit of Support

 

This memorandum notifies that a person completing an Affidavit of Support(Form I-864) on behalf of an adjustment of status applicant is only required to file one Federal income tax retum, for the tax year that is most recent as of the date the Form I-864 was signed, rather than having to submit a Federal income tax return for each of the three most recent tax years.

 

---

 

Will the consulates be applying the same requirement [change] to one year of taxes along with the I-864 for CR1 interviews? 

 

(while it does state this is for adjustment of status applicants,  the CR1 appliant does their 'adjust' through the National Visa Center and can now supply only one year of taxes... I know the I-864 is forwarded to the consulate and does not have to be updated for the interview, but sometimes taxes do).

183495[/snapback]

Dear CFL members,

 

We are happy to do whatever we can to help make this complicated process as clear as possible. You are correct that the I-134 does not require tax returns unless the petitioner is self-employed. Neither our website nor the OF 167 "trump" these basic requirements. I'll explain why:

1. The first sentence of the "Affidavit of Support" section in the OF 167 states that petitioners wishing to provide an affidavit of support can use the I-134. The second sentence explains that, instead of an I-134, a petitioner can also provide a notarized statement regarding his or her willingness to support the applicant financially. The rest of the Affidavit of Support section -- including the portion asking for the tax returns -- explains how to complete the notarized statement and has no direct bearing on how to fill out the I-134. Bottom line: according to the OF 167, you may provide either an I-134 or a notarized statement regarding financial support. If you chose to do the notarized statement, then tax returns are one of the ways you can substantiate the information in your statement.

2. Our website does say to bring the I-134 and tax returns. During the interview, questions about the petitioner's work experience and income often come up in establishing the bona fides of the relationship. Tax returns are often good proof that can substantiate an applicant's claims. On our website, we ask applicants to bring tax returns -- even though not required to complete an I-134 -- so that they will be prepared in the event an officer decides that they are necessary. All of us would rather have the decision made at the time of the interview, so it is best to bring the tax returns just in case.

So the bottom line with regards to what the applicant should bring to the interview is that they should prepare a I-134 with the required suplementary information and tax returns. This way, the applicant will be best prepared and the officer will be able to issue the visa without delay.

 

 

IV Unit

US Consulate Guangzhou

[snoopy]

Since it will follow the same guidelines as with the I-864 to prepare an I-134, may I just present you the I-864? Most couples have filed both CR1/IR1 along with K3 petition. At some point of time there is I-864 required by NVC. If applicant's K3 case is ready first at post for interview, would you accept notarized I-864 instead of I-134?

[USCONGUZ]

Since it will follow the same guidelines as with the I-864 to prepare an I-134, may I just present you the I-864? Most couples have filed both CR1/IR1 along with K3 petition. At some point of time there is I-864 required by NVC. If applicant's K3 case is ready first at post for interview, would you accept notarized I-864 instead of I-134?

197227[/snapback]

K-visas applicants are supposed to use the I-134.

 

Once again, the I-134 is technically not a required document and a I-864 might be OK, but since little effort is required to fill out an I-134, it's probably better to bring it for a K interview.