When do you have to file the I 134

[Rickmt57]

Hi,

 

I have another question? I am going in June to marry my SO and then start the paper process. I have a unique situation I was injuried on the job 2 years ago and i have been going through a retraining process. I am getting paid while going through this by workmand insurance and I already have a job starting in September with my old employer with a good income. Question is since right now I really dont have a job when in the process will I be asked to show that I can suppot my So? I dont know how the gov. would look at this but I would prefer to be back at work so then I can have my employer send the letter stating my income. So can anyone tell me if I have time before I am asked for thid form?

 

Thanks,

Rick

[frank1538]

Don't worry about it Rick. It you're just starting the process, you'll have anywhere from 6 months to a year or longer before you have to provide the I-134. You'll eventually provide it to your SO when she goes to the interview, assuming it's a K-3 visa that she'll get off the I-129F. The rules are slightly different if the CR-1 (I-130) petition gets to Guangzhou first.

Edited April 17, 2006 by frank1538 (see edit history)

[RLS]

Don't worry about it Rick.  It you're just starting the process, you'll have anywhere from 6 months to a year or longer before you have to provide the I-134.  You'll eventually provide it to your SO when she goes to the interview, assuming it's a K-3 visa that she'll get off the I-129F.  The rules are slightly different if the CR-1 (I-130) petition gets to Guangzhou first.

207461[/snapback]

Frank, I have a question about this as well. I'm doing the K1. What has to be included in the letter from my employer and do I get that notorized and send it to my SO or ? ? ?

[Guest Paul]

Don't worry about it Rick.  It you're just starting the process, you'll have anywhere from 6 months to a year or longer before you have to provide the I-134.  You'll eventually provide it to your SO when she goes to the interview, assuming it's a K-3 visa that she'll get off the I-129F.  The rules are slightly different if the CR-1 (I-130) petition gets to Guangzhou first.

207461[/snapback]

Frank, I have a question about this as well. I'm doing the K1. What has to be included in the letter from my employer and do I get that notorized and send it to my SO or ? ? ?

207479[/snapback]

RLS -

 

I think you can find that information in the instructions for the I-134 form. Go to: http://uscis.gov/graphics/index.htm and choose 'forms' in the far right column - then - scroll down to the I-134 link (AOS) and click that link. It will take you to the form as well as the instructions. The answer you are looking for is under the heading II. Supporting Evidence on page 3 of 4. Hope this is what you were looking for and that it helps you, Rick.

 

Wheel Man

[RLS]

Don't worry about it Rick.  It you're just starting the process, you'll have anywhere from 6 months to a year or longer before you have to provide the I-134.  You'll eventually provide it to your SO when she goes to the interview, assuming it's a K-3 visa that she'll get off the I-129F.  The rules are slightly different if the CR-1 (I-130) petition gets to Guangzhou first.

207461[/snapback]

Frank, I have a question about this as well. I'm doing the K1. What has to be included in the letter from my employer and do I get that notorized and send it to my SO or ? ? ?

207479[/snapback]

RLS -

 

I think you can find that information in the instructions for the I-134 form. Go to: http://uscis.gov/graphics/index.htm and choose 'forms' in the far right column - then - scroll down to the I-134 link (AOS) and click that link. It will take you to the form as well as the instructions. The answer you are looking for is under the heading II. Supporting Evidence on page 3 of 4. Hope this is what you were looking for and that it helps you, Rick.

 

Wheel Man

207485[/snapback]

Thanks, Rick. It is unclear whether or not I need "both" statement from my bank AND letter from my employer AND do they need to be notorized? Do I send them to my SO and she includes it in her NOA3 or NOA4? I'm still not clear on all of this.

[Feathers268]

Don't worry about it Rick.0„2 It you're just starting the process, you'll have anywhere from 6 months to a year or longer before you have to provide the I-134.0„2 You'll eventually provide it to your SO when she goes to the interview, assuming it's a K-3 visa that she'll get off the I-129F.0„2 The rules are slightly different if the CR-1 (I-130) petition gets to Guangzhou first.

207461[/snapback]

Frank, I have a question about this as well. I'm doing the K1. What has to be included in the letter from my employer and do I get that notorized and send it to my SO or ? ? ?

207479[/snapback]

It is simple, state your job is permanent, date of hire, salary or wage, and make sure it is on company letter head. Also would be a good idea if the can to save it on a computer or disk, you will be asking again for it once you start the AOS paperwork and again before the AOS interview.

[Guest Paul]

Don't worry about it Rick.  It you're just starting the process, you'll have anywhere from 6 months to a year or longer before you have to provide the I-134.  You'll eventually provide it to your SO when she goes to the interview, assuming it's a K-3 visa that she'll get off the I-129F.  The rules are slightly different if the CR-1 (I-130) petition gets to Guangzhou first.

207461[/snapback]

Frank, I have a question about this as well. I'm doing the K1. What has to be included in the letter from my employer and do I get that notorized and send it to my SO or ? ? ?

207479[/snapback]

RLS -

 

I think you can find that information in the instructions for the I-134 form. Go to: http://uscis.gov/graphics/index.htm and choose 'forms' in the far right column - then - scroll down to the I-134 link (AOS) and click that link. It will take you to the form as well as the instructions. The answer you are looking for is under the heading II. Supporting Evidence on page 3 of 4. Hope this is what you were looking for and that it helps you, Rick.

 

Wheel Man

207485[/snapback]

Thanks, Rick. It is unclear whether or not I need "both" statement from my bank AND letter from my employer AND do they need to be notorized? Do I send them to my SO and she includes it in her NOA3 or NOA4? I'm still not clear on all of this.

207493[/snapback]

It says under the II. Supporting Evidence rules for the I-134 AOS, "Evidence should (key word: should) consist of copies of "any" or "all" of the following documentation listed below that "are applicable to your situation." It doesn't say we have to send them "all" of the things listed just the ones that are applicable to our situation. Understandibly I may have an incorrect understanding of these rules but I think the statement from the employer, with date employed, salary paid and if the position if temporary or permanent should be enough - especially if a persons income is over 125% of poverty, about $18,000. Of course, if a person is self-employed that is a different situation and then the rules for self-employed would be followed. As to when we furnish this particular document I don't know but I'm sure they ask for it one day and then we can send it. Maybe there are other guys who can answer this for us. Hope this helps, Wheel man

[RLS]

Don't worry about it Rick.  It you're just starting the process, you'll have anywhere from 6 months to a year or longer before you have to provide the I-134.  You'll eventually provide it to your SO when she goes to the interview, assuming it's a K-3 visa that she'll get off the I-129F.  The rules are slightly different if the CR-1 (I-130) petition gets to Guangzhou first.

207461[/snapback]

Frank, I have a question about this as well. I'm doing the K1. What has to be included in the letter from my employer and do I get that notorized and send it to my SO or ? ? ?

207479[/snapback]

RLS -

 

I think you can find that information in the instructions for the I-134 form. Go to: http://uscis.gov/graphics/index.htm and choose 'forms' in the far right column - then - scroll down to the I-134 link (AOS) and click that link. It will take you to the form as well as the instructions. The answer you are looking for is under the heading II. Supporting Evidence on page 3 of 4. Hope this is what you were looking for and that it helps you, Rick.

 

Wheel Man

207485[/snapback]

Thanks, Rick. It is unclear whether or not I need "both" statement from my bank AND letter from my employer AND do they need to be notorized? Do I send them to my SO and she includes it in her NOA3 or NOA4? I'm still not clear on all of this.

207493[/snapback]

It says under the II. Supporting Evidence rules for the I-134 AOS, "Evidence should (key word: should) consist of copies of "any" or "all" of the following documentation listed below that "are applicable to your situation." It doesn't say we have to send them "all" of the things listed just the ones that are applicable to our situation. Understandibly I may have an incorrect understanding of these rules but I think the statement from the employer, with date employed, salary paid and if the position if temporary or permanent should be enough - especially if a persons income is over 125% of poverty, about $18,000. Of course, if a person is self-employed that is a different situation and then the rules for self-employed would be followed. As to when we furnish this particular document I don't know but I'm sure they ask for it one day and then we can send it. Maybe there are other guys who can answer this for us. Hope this helps, Wheel man

207502[/snapback]

I know what you mean, Wheelman. There is a big difference in the word "should" and the word "must." Nor, does it say that it must be notorized. I thought I had read that somewhere on CFL. I know there have been many discussions about notorizing everything but the kitchen sink, and even that if there is a question about its origin.

[SirLancelot]

Thanks, Rick.  It is unclear whether or not I need "both" statement from my bank AND letter from my employer AND do they need to be notorized?  Do I send them to my SO and she includes it in her NOA3 or NOA4?  I'm still not clear on all of this.

207493[/snapback]

RLS, I think it's best to over prepare rather than underprepare. So go overboard. Include it all if possible. Offer them both the bank statement and the employment verfication letter. I don't believe they need to be notorized, but if you have a notory public at work who can stamp these documents for you, then by all means get them notorized. If you do more than is required, they won't penalize you for it.

[Guest Paul]

Thanks, Rick.  It is unclear whether or not I need "both" statement from my bank AND letter from my employer AND do they need to be notorized?  Do I send them to my SO and she includes it in her NOA3 or NOA4?  I'm still not clear on all of this.

207493[/snapback]

RLS, I think it's best to over prepare rather than underprepare. So go overboard. Include it all if possible. Offer them both the bank statement and the employment verfication letter. I don't believe they need to be notorized, but if you have a notory public at work who can stamp these documents for you, then by all means get them notorized. If you do more than is required, they won't penalize you for it.

207505[/snapback]

SirLancelot is probably correct. It won't hurt to give them everything on the list, I think Lee calls it the kitchen sink approach, that way there won't be any doubt. As for getting those statements and employer letter, etc. notarized, well, I'm prior military and learned not to do anything I wasn't told to do - and the rules on the form instructions don't say to do it - so I personally will not get them notarized. But the I-134 AOS form itself is different, that has to be witnessed/signed in front of a notary. Don't worry, we'll all figure this out one day and get our babies here .... Wheel Man

[Kalli and Greg Oveson]

[

207461[/snapback]

RLS -

 

I think you can find that information in the instructions for the I-134 form. Go to: http://uscis.gov/graphics/index.htm and choose 'forms' in the far right column - then - scroll down to the I-134 link (AOS) and click that link. It will take you to the form as well as the instructions. The answer you are looking for is under the heading II. Supporting Evidence on page 3 of 4. Hope this is what you were looking for and that it helps you, Rick.

 

Wheel Man

207485[/snapback]

Thanks, Rick. It is unclear whether or not I need "both" statement from my bank AND letter from my employer AND do they need to be notorized? Do I send them to my SO and she includes it in her NOA3 or NOA4? I'm still not clear on all of this.

207493[/snapback]

 

This is taken from the K-1 FAQ on the Guangzhou Consulate's site:

 

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.

[frank1538]

Most people believe that if income is sufficient, bank statements are not needed. the employer letter doesn't need to be notarized, but it should be an original, signed letter on employer letterhead. As Feathers268 says, it should be a simple letter.

[david_dawei]

Here's what's in the the P3 FAQ:

 

Q.3.1 What all does the USC petitioner need to provide to the Chinese beneficiary for the interview?

 

A.3.1.1

1. At least a copy of your passport, although a notarized one is recommended

2. I-134, signature and notary section at bottom; sign in front of notary.

3. Tax returns or tax transcripts (1 year, although many bring 3 years)

4. Bank statement

5. Employment letter

6. Intent to marry, notarized

 

Best if all of these documents are not older than six months. You can wait till close to P4 if you want.

 

A.3.1.2

Get 3 notarized copies of the I-134, and bank statement, and employment letter. Or make copies of them prior to being notarized. Then you can get more recent notarizations if needed, although that does not change any date that might be reflected on the form.

 

A.3.1.3

A. Statement from an officer of the bank or other financial

institution 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 3 years income tax return filed; or

2. Report of commercial rating concern.

D. Employees need one year of tax returns

E. List containing serial numbers and denominations of

bonds and name of record owner(s).

 

---

 

A few notes:

 

1) If salary alone meets the guideline, then assets are not needed to be listed on the I-134 and therefore bank statements are not needed (unless you cannot prove your income and want to use the bank statements to prove it, ie: direct deposits). Even the I-864 used for Adjustment of status states there is no need to include assets if salary does it.

 

2) While the I-134 is not REQUIRED, it is the most often asked for financial paper from GUZ. If you don't have it, then you would be expected to provide other documentary proof that demonstrates the beneficiary will not become a public charge. Upon review of this other material, if a VO deems it necessary for you to submit a I-134 (which is within their right to request it, see 9FAM), then you'll get a blue slip in order to get one together.

 

3) Same issue for other financial forms; If the VO asks for taxes and you don't have them, you should be able to provide other documentary proof of what he wants (ie: a financial number to cover the public charge issue).

 

I would simply recommend you do the following, you don't need to go overboard, but bring enough to cover all your bases (assumes salary alone meets the criteria):

 

1) I-134 notarized

2) Employer letter

3) Taxes

 

Have the financials in a folder, when the VO asks for any one of them, hand over the folder... this avoids the beneficiary from handing ove the wrong document and he gets it all to look at, without it being too much.

[warpedbored]

Hi,

 

I have another question? I am going in June to marry my SO and then start the paper process. I have a unique situation I was injuried on the job 2 years ago and i have been going through a retraining process. I am getting paid while going through this by workmand insurance and I already have a job starting in September with my old employer with a good income. Question is since right now I really dont have a job when in the process will I be asked to show that I can suppot my So? I dont know how the gov. would look at this but I would prefer to be back at work so then I can have my employer send the letter stating my income. So can anyone tell me if I have time before I am asked for thid form?

 

Thanks,

Rick

207456[/snapback]

Frank pretty much nailed it but I might add that since you are on workmans comp you are still technically employed by the same employer. If you are back to work by the time the I-134 is needed you only need a letter from your employer on company letter head and proof that your income is 125% of the poverty guidelines or have enough assets if your income is insufficient.

[LeeFisher3]

Thanks, Rick.? It is unclear whether or not I need "both" statement from my bank AND letter from my employer AND do they need to be notorized?? Do I send them to my SO and she includes it in her NOA3 or NOA4?? I'm still not clear on all of this.

207493[/snapback]

RLS, I think it's best to over prepare rather than underprepare. So go overboard. Include it all if possible. Offer them both the bank statement and the employment verfication letter. I don't believe they need to be notorized, but if you have a notory public at work who can stamp these documents for you, then by all means get them notorized. If you do more than is required, they won't penalize you for it.

207505[/snapback]

SirLancelot is probably correct. It won't hurt to give them everything on the list, I think Lee calls it the kitchen sink approach, that way there won't be any doubt. As for getting those statements and employer letter, etc. notarized, well, I'm prior military and learned not to do anything I wasn't told to do - and the rules on the form instructions don't say to do it - so I personally will not get them notarized. But the I-134 AOS form itself is different, that has to be witnessed/signed in front of a notary. Don't worry, we'll all figure this out one day and get our babies here .... Wheel Man

207513[/snapback]

Acutally providing too much information with the I-134 can cause you a problem. If the income alone meets the requirement it is best to stop with the employment letter and tax returns.

 

If for some reason you decided to list a number of assets above and beyond the requirements you also stand to have someone request verification of these things and a possible delay in the process. If you list your home, then they could request a current appraisal, which cost you both money and time.

 

The I-134 is one place where keeping it simple is the best way to go.