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[Guest Gene]

Welcome Aboard Jeremy and Huang

[Guest Long_strider]

Here are some of the printed information that addresses the issue of sponsoring a beneficiary for a K-1 Visa.

 

As you read this keep in mind that the individual officer and the consulate can request whatever information they deem necessary to help them make a decision. Usually it is a minor process if you are a traditional wage earner that makes over the 125% poverty limit. Simply fill out the I-134 and attach a copy of your 2 page 1040 for last tax year.

 

Keep in mind that additional documentation may be necessary if you have situations such as close to the 125% limit of the poverty level, a recent student who last year had low income but now has graduated and is employed, a resident of China on a lower income (e.g. English Teacher in China), A retiree with no earned income, etc. Look at your individual situation and plan for documentation accordingly. Attaching a letter of explanation to the I-134 when there are special circumstances may also be helpful. In some rare circumstances you may need to obtain a co-sponor.

 

The Foreign Affairs Manual, produced by the State Department is used as the guide by various consulates and embassies for the US.

 

Under 9 FAM 41.81 page 3 section b… it states…..

 

K-1 and K-3 applicants are subject to INA 212(a)(4) and must demonstrate to the consular officer’s satisfaction that they will not become a public charge. The Form I-864, Affidavit of Support Under Section 213 A of the Act cannot be required. Applicants may submit a letter from the petitioner’s employer or evidence that they will be self-supporting. The Form I-134, affidavit of Support, may be required when the consular officer deems it useful.

 

Under section 9 FAM 40.41 N4/6=3 Use of Form I-134, Affidavit of Support Under INA 213A states…

 

Indicates that the I-134 is used with Fiance(e)s visa petitions.

 

It goes on to say….

c. The simple submission of Form I-134, Affidavit of Support, however, is not sufficient to establish that the beneficiary is not likely to become a public charge. Although the income requirement of For I-864, Affidavit of Support Under Section 213A of the Act, do not apply in such cases (i.e. the 125 percent minimum income, the need for three years income tax returns), the consular officers must make a thorough evaluation of toehr factors, such as:

 

(1) The sponsor’s motives in submitting the affidavit;

(2) The sponsor’s relationship to the applicant

(3) The length of time the sponsor and applicant have know each other;

(4) The sponsor’s financial resources; and

(5) Other responsibilities of the sponsor.

 

(d) The degree of corroborative detail necessary to support the affidavit will vary depending upon the circumstances. …. However, the sponsor’s statement should include….

(1) Information regarding income and resources

(2) Financial obligations for the support of immediate family members and other dependents

(3) Other obligations and expenses; and

(4) Plans and arrangements made for the applicant’s support in the absence of a legal obligation toward the applicant.

(e) To substantiate the information regarding income and resources, the sponsor should attached to the affidavit:

(1) A statement from an employer showing the sponsor’s salary and the length and permanency of employment

(2) A copy of the latest income tax return

(3) A statement from an officer of a bank regarding any accounts, showing the date the account was opened and the present balance; or

(4) Other evidence adequate to establish the sponsor’s financial ability to carry out the commitment towards the immigrant for what might be an indefinite period of time.

(f) If the sponsor has a well-established business and submits a rating from a recognized business rating organization (e.g. Dun and Bradstreet) consular officers do not need to insist on a copy of the sponsor’s latest income tax return or other evidence.

 

On the instruction sheet for the I-134 it states….

 

II. Supporting evidence…

As the sponsor, you must show you have sufficient income and/or financial resources to assure that the alien you are sponsoring will not become a public charge while in the United States.

 

Evidence should consist of copies of any or all of the following documentation listed below that are applicable to your situation.

 

Failure to provide evidence of sufficient income and/or financial resources may result in the denial of the alien’s application for a visa of his or her removal from the United States.

The sponsor must submit in duplicate evidence of income and resources, as appropriate:

A. State from an officer of the bank or other fiancial institiution where you have deposits, giving the following details regarding your account:

1. Date account opened:

2. Total amount deposited for the past year;

3. Present balance.

B. Statement of your employer on business stationery, showing

1. Date and nature of employment;

2. Salary paid;

3. Whether the position is temporary or permanent

C. If self-employed:

1. Copy of last income tax return filed; or

2. Report of commercial rating concern.

D. List contain serial numbers and denominations of bonds and names of record owner(s).

 

 

 

 

 

Directly from the web site for the US Consulate in Guangzhou, China.

 

http://www.usembassy-china.org.cn/guangzho...u/iv/kvfaq.html

 

What kind of Affidavit of Support does my K-1 petitioner need to prepare for my visa interview?

K-1 petitioners should prepare the I-134 Affidavit of Support, which they can get from their local CIS office or on the CIS website http://uscis.gov/graphics/formsfee/forms/. However, it is not a required document as long as applicants can demonstrate at the interview that she/he will not become a public charge in the States

 

What documents should I bring to the visa interview?

The applicant should bring the following original documents:

………..

• Affidavit of Support - I-134 and a copy of the most recent year tax returns from the petitioner.

 

Sorry for the lengthy post. Hope it is helpful.

 

P.S. Glad that you have joined CFL. Wish both of you..."smooth sailing."

 

 

Long_strider.

[huang]

Thanks to you all!

 

I really appreciate your help. God bless your visa journey too!

 

We will talk about it more in detail during this weekend. Hope we will figure it out soon.

[david_dawei]

Anyone had any experience with changing a job in the year they submitted the I-134 or I-864 , which would imply that the employee letter will reflect you working with them for less than a year? (I thinking the documents needed for the P4 interview).

[jeremy]

Thank you all very much for your help, information, and encouragement. This really is a great community of people.

[Guest Gene]

Anyone had any experience with changing a job in the year they submitted the I-134 or I-864 , which would imply that the employee letter will reflect you working with them for less than a year?  (I thinking the documents needed for the P4 interview).

I did. No problem, in fact the only document requested of my wife during the interveiw was the letter from my employer

[david_dawei]

Anyone had any experience with changing a job in the year they submitted the I-134 or I-864 , which would imply that the employee letter will reflect you working with them for less than a year?  (I thinking the documents needed for the P4 interview).

I did. No problem, in fact the only document requested of my wife during the interveiw was the letter from my employer

Do you find that highly ironic ?

 

I mean, asking for the employment letter seems to happen once in a while, but not as much as requesting the I-134 from all the reviewing I've done.

 

And they happen to ask you for the employment letter when you had just changed jobs that year !!

 

Do you find yourself looking over your shoulder as you walk around your town...

[Guest Gene]

No, actually I think it was the "Document of the week" I overheard quite a few people saying they were asked for the same thing

[sylinchinastill]

He most likely needs a co-sponsor- parents or something. Teaching in China doesn't make enough $ and law school doesn't make any. Poor guy- I'm doing my finals right now too- UGh!

[James]

It is not wise to go strictly by the directions on any form in the immigration process. You have to contact the appropriate agency, or find the appropriate online forum, to learn what the actual practice is.

I know that the directions on the I-864, which I had to fill out and send to the NVC as part of the CR-1 process, indicate that W-2s are needed only under certain circumstances. I would not have been included in those circumstances, and would not have needed to send W-2s. However, the NVC's practice requires W-2s in all cases, and they routinely send a Request for Evidence if you don't submit them -- regardless of your circumstances.

I don't know what the Guangzhou's practice is on this point, but I would definitely take my tax returns if I had them.

[warpedbored]

Wisdom would indicate to take anything they may ask for and then some. Don is right I remember about a year ago Feb. They were giving out blue slips wanting to see 2003 tax returns. You never know what they may want and it would be a waste of time to not take something just because technically they don't have to have it.