When do you have to file the I 134

[Kalli and Greg Oveson]

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.

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I think a good part of the confusion that sometimes exists is that there can be too much information available, too many lists, too many FAQs. Hard to choose which one is most correct, which one to follow. Here's a portion of the Guangzhou Consulate FAQ for K-1 petitions:

 

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 will be in the instruction packet and appointment packet?

 

The Instruction packet in Guangzhou includes:

 

Instruction packet (Packet 3) letter in English

Instruction packet (Packet 3) letter in Chinese

Instruction packet (Packet 3) supplemental information sheet

Application for immigrant visa and alien registration (DS-230 part I)

Instructions for immigrant visa applicants (OF-169)

Notice to all nonimmigrant visa applicants (list of CITIC Bank)

Evidence which may be presented to meet the public charge provisions of the law (OF-167)

The Appointment packet includes:

 

Appointment letter in English

K-1 appointment (packet 4) letter

Appointment letter for immigrant visa applications (OF-171)

Important notice in Chinese (for photograph specifications)

Supplemental form GNI-2

Certification of legal capacity and intent to marry

Family composition sheet (GIV-24)

Medical examination instructions (GIV-8)

Medical examination for immigrant or refugee applicant (DS-2053)

Chest X-ray and classification worksheet (DS-3024)

Vaccination documentation worksheet (DS-3025)

Medical history and physical examination worksheet (DS-3026)

Nonimmigrant visa application (DS-156) and nonimmigrant visa application for applicants 16 years and older (DS-157) (two sets)

Nonimmigrant fiancé(e) visa application (DS-156K)

 

 

What documents should I bring to the visa interview?

 

The applicant should bring the following original documents:

 

Forms in the appointment packet

 

Chinese passport.

 

Application fee receipt

 

Four visa photos attached to forms DS-156

 

Notarial birth certificate

 

Notarial marital status certificate. If divorced before, previous divorce certificates for each marriage are required. If any child from previous marriage will also apply for visa, a divorce decree showing the child's custody is needed.

 

Notarial police certificates are required from each visa applicant aged 16 or over issued by his/her local municipal notary office where he/she has resided for at least six months since attaining the age of sixteen. Police certificates are also required from all other countries where the applicant has resided for at least one year.

 

Medical report

 

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

 

Relationship evidence, such as correspondence and photos taken together to prove the claimed relationship to the petitioner

 

Translations: Police certificates from other countries not in English, or in the official language of the country must be accompanied by certified English translations. Translations must be certified by a competent translator and sworn to before a notary public.

 

It seems to me that if my fiancee complied with this list, she would have everything she needed.

 

Greg

[Rickmt57]

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.

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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.

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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

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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.

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Well just want to say thanks to all of you, everyone on here has been really helpful with my questions.

 

Thanks,

Rick