I-134 questions

[longtime]

Here is my situation:

 

I am in the process of gathering all of the documents for the Interview.

Everything has been covered except for the Affidavit.

 

We filed for the k3 visa so I know that I will finish the I-134 for the interview. I also prepared the I-864 just in case. I am currently living in China so I can only include my tax returns and W-2s for 2006, that income is over the poverty guidline. I also included my parents as a co-sponser because of my situation.

 

Since I have not been in the US for the past year and will not file taxes I am worried that they will deny our case because I have not been working in the US and have not recorded income. I Have been working in China but I cannot include that income with my case.

 

I have about 15,000 in the bank in the US and have a mortgage on a house with my brother.

 

Do both my parents and I have to fill out the I-134 if I want to use them as a co-sonser?

 

If so, do both of my parents have to sign the Affidavit?

 

Is there anything else I can include to make it a stronger case?

 

How much scrutiny does the I-134 usually get for k-3?

[warpedbored]

I just got done addressing some of your issues in this thread. http://candleforlove.com/forums/index.php?...st&p=379673

If you cant show 125% of the federal poverty guidelines for the most recent tax year then you will need a co-sponsor. You should also file taxes for every year even if you didn't make any money. Your co-sponsor will need to show sufficient income to show 125% of the poverty guidelines for a family the size of all their dependents plus your wife.

[longtime]

I just got done addressing some of your issues in this thread. http://candleforlove.com/forums/index.php?...st&p=379673

If you cant show 125% of the federal poverty guidelines for the most recent tax year then you will need a co-sponsor. You should also file taxes for every year even if you didn't make any money. Your co-sponsor will need to show sufficient income to show 125% of the poverty guidelines for a family the size of all their dependents plus your wife.

 

 

I have the amounts for 2005 and 2004 written on the I-134 and have included the 2006 statement and W-2s. We have also submitted the three tax returns for my parents as well. So I think I am covered.

 

Still a little confused though about bringing the 864 or the 134 to the interview. k3 is a non-immegrent visa so I believe that is the one that they wiil be looking at.

[Sebastian]

Not sure of your timeline or where you are in the filing process, but - was Direct Consular Filing for I-130/CR-1 an option for you some months ago ?

[dnoblett]

If your parents are going to be co-sponsor, then your income is not a problem.

 

It is recommended to file a late return, US citizens may be exempt from paying tax on foreign income, but they are NOT exempt from filing a return every year.

 

Parents will fill out an I-134, and you will provide an I-134, you can get it notarized at the consulate.

 

One thing about I-134, the directions included with I-134 are very old, USCIS has no reason to update them since USCIS has no application for that form.

 

The consulates tend to treat the I-134 like a mini-I-864 as so prefer the same financial evidence as the I-864.

 

In our case this what the I-134 included.

• I-134 signed and notarized.
   
  
• SIMPLE Tax transcripts from the IRS for past 3 years, (Redundant for the (1040,W2,1099) but are free from the IRS http://www.irs.gov/faqs/faq1-6.html
   
  
• Photo copy of IRS form 1040, and W2s for past 3 years (Not necessary if you provide the transcripts)
   
  
• Letter from my employer stating annual salary, job responsibility, and that is full time, on company letterhead.
   
  
• Photo copies of past month or so of pay stubs up to a few weeks before the interview.
  

My income was well above the povertyline so I did not include any asset data (LIKE BANK STATEMENTS or property values).

 

If your income exceeds 125% or (100% for military) of the povertyline when counting yourself, prospective immigrant and any dependents, then don't bother with assets (401K, Bank balance, Stocks etc..), it is just extra un-needed data to provide, the consular officer is most concerned with INCOME.

 

Yes having I-864 handy is a good thing but is not needed for K-Visas. In the off chance that the consulate received your I-130 (CR-1) Case while preparing for K-3 interview, they may drop the K-3 in favor of the CR-1, so yes you will need the I-864 for the CR-1 interview. Also if is a CR-1 interview you need to have vaccinations done before the CR-1 interview. (This happened recently to another member.)

[Guest Rob & Jin]

Can you post your timeline in your signature, it helps the rest of us.

[longtime]

Thanks for the help!

 

I have filled out both sets of forms as well as my parents and supplied tax forms for each of the past three years. I have also included bank statments and assets to my I-134 because I had no income in the US for 2007.

 

We are in the process of filing taxes for 2007 but I am not sure I will have them in time for the interview. I guess it is possible they could give me a blue slip if I don't have them but it is easy enough once they are done to submit the additional materials.

 

I think we are in good shape, but you never know.

[longtime]

I was in the US when I filed and didn't have any definite plans for moving to China just yet. Direct consular filing would have been a good option for me if I had definite plans but we decided just to file from the US. I realized in China how much faster it would have been if I filed directly in China.

 

Oh well

[Scott]

If your parents are going to be co-sponsor, then your income is not a problem.

 

 

 

 

This doesn't seem to be true. The VO wouldn't even look at my parents income.

[Guest Rob & Jin]

Correct me if I'm wrong but isn't there a expectation for a K-3 benificiary to immigrate and live in the usa ? like on the I-157/ 6 stating where you are going to live in the the USA , maybe K-3 uses different forms I'm not sure, and you must file a 2007 tax return, that takes a short time online and I believe they will want to see that.

Edited March 5, 2008 by Rob & Jin (see edit history)

[david_dawei]

Correct me if I'm wrong but isn't there a expectation for a K-3 benificiary to immigrate and live in the usa ? like on the I-157/ 6 stating where you are going to live in the the USA , maybe K-3 uses different forms I'm not sure, and you must file a 2007 tax return, that takes a short time online and I believe they will want to see that.

ok... I'll correct you to a point... any family based immigrant is expected to be filing for immigrant benefits to live in the US...

 

Anything other than that *could* be considered immigration fraud.

[longtime]

Correct me if I'm wrong but isn't there a expectation for a K-3 benificiary to immigrate and live in the usa ? like on the I-157/ 6 stating where you are going to live in the the USA , maybe K-3 uses different forms I'm not sure, and you must file a 2007 tax return, that takes a short time online and I believe they will want to see that.

 

 

I talked to my lawyer the other day and she told me that I don't have to give them my recent tax forms if it is before the April deadline. I am not sure she is correct but I think I am safer if I do provide this years tax returns no matter what.

 

I am living in China currently but we wanted to be together during the process. Once we get the visa we are moving to the US.