Fiance visa - I-134 vs. I-854

[ultradeepbase]

Hello all, just a quick note.

 

We are going through the Fiance visa route, currently awaiting P-3. I noticed they require the I-134 for the Afadavit of Support. The I-134 does not ask about your income reported on tax returns, whereas the I-854 does. I can get a letter from my employer stating my annual income is $20,000+. This is a true statement. However, that is based on my salary extrapolated to a 40-hour work week, though only usually work 10-15 hours. My employer is very sympathetic, and I have had the same employer for about 3 years now, so they didn't mention my actual earnings, just the earnings I would rate if I worked full-time. FYI, I am a full-time college student preparing to graduate in May, with a degree in accounting, expecting to land a decent job soon.

 

My question is, since the P-3 asks for the I-134, do I ever have to worry about submitting tax returns? Will I ever have to submit an I-134? My parents will be willing to be a co-sponsor, I believe, but if we can get the visa without asking my parents to help, I will be much happier.

 

Any thoughts on this subject is appreciated.

 

Thanks everyone,

 

ultradeepbase

[Guest Rob & Jin]

I-134 for K-1,

plus 3 years of tax transcripts

[Guest Dylan W]

You are going to need to prove with tax transcripts that you have produced $17K per each 3 prior years by yourself, or a co-sponsor who produces $23K via the same prior 3 years of transcripts. Just to start with the docs you should bring, and I would recommend organizing your kitchen sink now.

[larsenea]

They blue slipped us at first interview and asked for 3 years tax records.

[ultradeepbase]

On the instructions for the I-134, they identify 3 things that are needed to prove your income:

 

1) Statement from your bank (with date opened, amount of deposits, and current balance)

 

2) Statement of your employer, on business stationery (date and nature of employment, salary, permanent or temporary status)

 

3)If self-employed, last tax return.

 

I am not self-employed, so why do I need a tax return?

 

I understand people on this forum believe it is good to have 3 years' worth of tax returns, but my question is, if you have the top two things covered, showing amounts above the poverty+25% line, why will they ask for the 3 years of tax returns?

 

Has anyone on this forum had both #1 and #2, from the instructions of the I-134, (with reasonable amounts listed, of course), and still been asked for tax returns?

 

If you have been asked for tax returns, would you mind telling us what your financial situation was in regards to #1 and #2 above?

 

According to the instructions on both the I-134 AND the OF-169, they only mention last year's tax returns for self-employed people.

 

In my particular situation, my letter from the bank will say I have had $25,000+ in deposits from the last year, with a current balance of around $4,000. The letter from my (Fortune 500) employer will say I have been employed for 3 years with them as a permanent employee, at an annual salary of $22,000. With this information on these two forms, it appears to me that I satisfy all the requirements on the I-134, with reasonable figures.

 

I would understand how if your letter from the bank said you had $15,000 in deposits during the past year, but a current balance of $1,000 and your employer's letter said you have a $18,000 salary and that you have worked there for the past 6 months, I could totally understand why they would ask for tax transcripts. But that isn't my case.

 

Does anyone on this forum actually only assemble the financial documents asked for in the government forms instructions? Has anyone on this forum NOT been asked to provide tax transcripts for 3 years at the interview in GZ? IF so, what were the figures on the submitted evidence?

 

Thanks everyone...

[Guest Dylan W]

They ask for tax documents for K-1 applicants during the interview. Maybe another member can enlighten why I don't see it on the I-134 as well, but if you don't take these with you, you're gonna get blue slipped. Why risk it? You can't argue with them and what they will ask for.

 

larsenea above got blue slipped for their K-1 because he only provided 2 years, and not 3 of tax documents.

[Randy W]

You don't need ANYTHING , unless it's asked for. Then it's too late.

 

They will often ask for the I-134 w/3 years of tax returns. They will often not ask for it at all.

 

Not having enough income is a definite red flag.

Edited January 19, 2009 by Randy W (see edit history)

[ultradeepbase]

They ask for tax documents for K-1 applicants during the interview. Maybe another member can enlighten why I don't see it on the I-134 as well, but if you don't take these with you, you're gonna get blue slipped. Why risk it? You can't argue with them and what they will ask for.

 

larsenea above got blue slipped for their K-1 because he only provided 2 years, and not 3 of tax documents.

 

 

Does anyone prepare the statement from the bank, and the statement from the employer at all?

 

Is there a cutoff, where if you earn $35,000+ (or some number), they don't ask for tax transcripts?

 

I understand that it is a good idea to take the 3 years of tax transcripts. I understand that larsenea got blue slipped for only taking 2 years, but what income did they show? Did he take in two years of tax returns showing $18,500 per year? Did he also take in a statement from his bank, or a letter from his employer?

[Randy W]

You may want to get your act together and quit trying to bullshit.

[ultradeepbase]

By the way, thanks everyone for the help!

 

This bulletin board is the greatest...

 

I am right on the fence about whether or not to ask my parents to be a co-sponsor. It is not that they wouldn't do it, but the only reason they would have to do it is if GZ required 3 years of transcripts... that would sink my ship for sure.

 

But, like I said before, my bank balance should be around $4K, with $25,000 in deposits over the past 12 month period. My employer's letter will state that I have been employed for 3 years as a permanent employee at the salary of $22,000 or so. My fiance and I both will have our bachelor's degrees by the time of our interview. I am just wondering if there is anyone in a similar financial situation that didn't get asked for tax returns?

 

I really don't want to have to send my parent's tax returns to China, mainly for identity theft issues. It seems too risky to send tax returns, complete with SSNs, DOBs, and other personal financial information, to China. Also, I would rather not ask for their help because then they would worry about my financial situation.

 

Does anyone have a good story about the VO not asking for tax returns? If so, what evidence DID you provide, and what were the rough amounts on that evidence? This would be the most helpful question for me to get answered. Maybe I will start a new thread with just this question...

 

Thanks again everyone...

[ultradeepbase]

You may want to get your act together and quit trying to bullshit.

What do you mean?

[Randy W]

You may want to get your act together and quit trying to bullshit.

What do you mean?

 

 

Maybe I'm wrong . . .

[rogerinca]

You don't need ANYTHING , unless it's asked for. Then it's too late.

 

They will often ask for the I-134 w/3 years of tax returns. They will often not ask for it at all.

 

Not having enough income is a definite red flag.

 

 

I agree 100% !!

 

I have always felt that a young age (life experience) coupled with a very low income, are major red flags, right next to issues of suspected fraud.

 

The background check and the submitted forms for review at the Service Center and NVC, will most likely give the USCIS and then DOS some 'clues' as to the petitioner's income level, and then surely the tax returns will be asked for at interview time; IMO.

 

I also agree with Randy's comment/observation which followed.