I-134

[jonp31]

I'm applying for the K-1 visa and currently living in China. Just got the NOA2 over a week ago. Looking at the I-134 it asks how much income I derive annually. Well, as I'm living in China, the money I make here I am able to deduct. That's nice when it comes to taxes but if what I'm supposed to report on the I-134 is my adjusted gross income it means I have none! :/

 

I realize that my current income/salary will mean nothing when I go back to the States to get married and reestablish residence there. Therefore I do have a cosponsor. But I was wondering if the VO will look negatively on an application where the petitioner has no income to report and is 100% dependent upon the joint sponsor. Should I then fill in the amount I actually make and bring in my contract and a letter from my employer to verify it (and perhaps an explanation written from me regarding the discrepancy between the tax return and the income recorded on the I-134)? Or does my current salary (since it's foreign earned and will not continue when I go back the US) mean absolutely nothing regardless of what I bring in and should therefore just write $0 and not bother with it?

 

Any input is appreciated!

[dnoblett]

A few important things about affidavit of support, Petitioner must provide one, no matter income level, and a requirement is that petitioner maintained US Domicile.

 

You will be required to provide evidence that you maintained US domicile and living abroad was temporary, (US DL, US Bank accounts, Mailing address, etc...) http://guangzhou.usembassy-china.org.cn/affidavit_of_support.htmm/

http://travel.state.gov/visa/immigrants/info/info_3183.html#3 (Domicile)

 

In your case you WILL need a joint sponsor that is in the USA, they too will provide an I-134.

 

List your current income on the form, this shows a pattern of employment that may continue after returning to the USA. Attach copies of current and past 2 years IRS return, may be exempt from paying tax on foreign income, but are not exempt from filing a 1040 return each year.

[Randy W]

And, yes, we did see someone sail through showing $0 income on his I-864 and no co-sponsor.

 

It's up to YOU to prove your income - if your income tax return does not give an accurate picture, you need to show your income in other ways - accounting statements or otherwise. The tax return is just one piece of evidence to show that income.

 

However, it sounds like your income is low enough that you will need to rely on the co-sponsor.

[jonp31]

 

List your current income on the form, this shows a pattern of employment that may continue after returning to the USA.

 

 

It's up to YOU to prove your income - if your income tax return does not give an accurate picture, you need to show your income in other ways ... The tax return is just one piece of evidence to show that income.

 

 

I'll do that. Thanks for the advice, appreciate it.