Affidavit of Support - what exactly is needed

[Invictus]

Our interview won't be till end of this year, so I'm preparing well ahead of time. I haven't been able to find any reliable information on what exactly is needed when submitting an Affidavit of Support. For example:

Tax transcripts or returns?

Do they want a W2?

How many paystubs (if a regular employee and not self-employed)?

What other forms do they need?

I want to prepare over and above what is necessary and give her every single piece of paper they could possibly request when the time comes.

[dnoblett]

There are two Affidavit of support, the NON-Immigrant I-134 used for Fiancee K-1 visa, and the Immigrant I-864 used for sponsoring a green-card, in the case of a K-1 it will be later used after marriage when adjusting status from non-immigrant to immigrant.

 

Anyway, Guangzhou treats the I-134 as if it were the I-864, so study the I-864 instructions for recommended financial evidence.

 

The recommended financial evidence for Affidavit of support.

 

• Past 3 years Tax returns (Photo copy of 1040+W2 and/or 1099) OR Past 3 years IRS Tax Transcripts which can be ordered for FREE here: http://www.irs.gov/Individuals/Order-a-Transcript
• Employer letter, (Basically, your employer letter should state "To whom it may concern: (first name,last name) has been employed full-time with the XYZ Company since 200_ as a (name of your job), and is an employee in good standing with an annual salary of $XXXX. Signed, John Doe, Supervisor (or whatever title)" The letter should be on company letterhead.)
• Recent pay stubs going back at least 6 months.

 

More: http://www.visajourney.com/content/support

[Invictus]

Guangzhou treats the I-134 as if it were the I-864, so study the I-864 instructions for recommended financial evidence.

 

Thanks, I didn't know that.

 

What if I got a job this year making well above poverty level (New York), but I do not have three years' worth of tax returns (I was abroad)? Must I still use a co-sponsor?

 

What is the difference between tax transcripts and tax returns, should I (or my co-sponsor) get one or the other?

Edited March 31, 2013 by Invictus (see edit history)

[dnoblett]

1) Did you file returns while abroad? USC may be exempt from paying income tax on foreign income, however they are not exempt from filing the returns every year, unless their income fell below a certain income level, I believe around $8,000. You will need to attach an explanation why no returns filed, many simply late file them even if below that level, there is no penalty.

 

 

2) They probably will not require a joint sponsor if the employer letter indicates the job is solid and permanent, the consulate is more concerned with if the income is permanent or temporary. The whole concept of the support is showing that the immigrant will not become dependent on government support like welfare.

 

3) Returns are copies of the actual documents you filed to the IRS (1040, 1040A or 1040EZ, and copies of supporting documents such as 1099 and W2 from employers). Transcripts are a printed report from the IRS showing that a return actually was filed, and shows the same figures that were reported on the return. Most people order the transcripts and use them.

[Randy W]

Whether a joint sponsor is required or not is discretionary on the part of the VO. We had one member (a few years back) who showed $0 income on his I-864 (even though he had a thriving business) and was given the visa anyway.

 

Making up some numbers here just to make a point, if your current level of income is over $100,000, you won't need a joint sponsor. If it's between $50,000 and $100,000, you may draw closer scrutiny of your case. Below $50,000, they may just require a joint sponsor.

 

Perhaps an explanation of your three years of income, showing where you lived and what your income was in each place would help. It's up to you to paint the appropriate picture.

[Invictus]

The past two years I was teaching English in China, making about about $640 a month, not including the two month summer break. I certainly did not earn > $8,000 per year. Before that, I was a student in New York and wasn't working.

 

 

Below $50,000, they may just require a joint sponsor.

 

I thought the requirement was 10% above poverty level. For New York, isn't that around $16,000? In any event, I have a co-sponsor ready who earns $41,000.

 

Many thanks as always.

Edited April 1, 2013 by Invictus (see edit history)

[Randy W]

The past two years I was teaching English in China, making about about $640 a month, not including the two month summer break. I certainly did not earn > $8,000 per year. Before that, I was a student in New York and wasn't working.

 

 

Below $50,000, they may just require a joint sponsor.

 

I thought the requirement was 10% above poverty level. For New York, isn't that around $16,000? In any event, I have a co-sponsor ready who earns $41,000.

 

Many thanks as always.

 

 

Yes - but what I say there is that "enough" isn't always enough. Again, it's at the discretion of the VO to determine whether your spouse might become a public charge. A job lined up in the US can go a long way toward satisfying that concern.

 

Like I said, it's up to you to paint the appropriate picture, and being aware of BOTH the requirements and the possible areas of concern can help you do that.

 

I would think that showing a US job, even if just a potential job, along with the co-sponsor would be a good idea in your case.

[dnoblett]

Affidavit of support requires at least an income level of 125% poverty which for the 48 states is $18,912 for a family of 2 people, also the consulate looks at totality of situation like cost of living in parts of the USA, NY City has a higher cost of living than other places, so they may expect income to be higher than just 125% poverty level.

 

http://www.uscis.gov/files/form/i-864p.pdf (Poverty Guidelines)

[Invictus]

Thanks, guys! Is it possible, just to be on the safe side, to sponsor her myself and then ALSO have a co-sponsor, or is it either/or?

[dnoblett]

Thanks, guys! Is it possible, just to be on the safe side, to sponsor her myself and then ALSO have a co-sponsor, or is it either/or?

Yep, here is what you can do, provide her with an I-134 from you and an I-134 from joint sponsor, she only turns in your I-134 at document turnin, and then interviews, if the VO demands a joint sponsor, she can provide the joint's I-134 at interview.

 

Later when adjusting status after marriage you can solo sponsor and send just your I-864 to USCIS.

 

I-134 sponsor is only for the period from entry to the USA until the K-1 adjusts status and gets the green-card, at which time the I-864 takes over.

[lukoktonos]

Your $640 a month is probably the stipend they give you--your income includes the value any provided housing, air tickets, etc.

 

I get paid similarly to you, university job, but my taxes came out to over $15k USD, requiring me to file legally.

 

My wife's friend's husband made 10k rmb a month as a teacher and didnt file, writing a letter saying he didnt have to (which I know is not really the case), and they didnt say anything about it at the interview. I wouldn't (and didnt) risk it, though.

[Invictus]

lukoktonos,

 

I didn't file any taxes while in China, it was the last thing on my mind. How could I file now? I never got any Chinese equivalent of a W2 from them.

 

Dan,

 

Regarding the matter of 6 months' pay stubs, my co-sponsor says he only gets paid with direct deposit, there are no paystubs to show. What should I do in this case, ask him to print out his monthly bank statements?

Edited April 3, 2013 by Invictus (see edit history)

[dnoblett]

Yes you can file past years returns, they tend to not penilize for this, past years 1040 forms can be downloaded from IRS.Gov

 

http://www.irs.gov/Forms-&-Pubs/Prior-Year-Forms

 

http://www.tax.ny.gov/forms/ (I don't believe you need to file past years state returns at least for the affidavit of support)

 

Bank statements would show the direct deposits.

 

I get paid direct deposit, and my employer emails the pay stubs to me handy for seeing how big of a wet bite that is taken out in taxes, union dues, retirement, medical, and other deductions. I believe even in cases of direct deposit they need to still provide a pay stub so that can at least see what is being taken out of the pay check.

[Randy W]

lukoktonos,

 

I didn't file any taxes while in China, it was the last thing on my mind. How could I file now? I never got any Chinese equivalent of a W2 from them.

 

Dan,

 

Regarding the matter of 6 months' pay stubs, my co-sponsor says he only gets paid with direct deposit, there are no paystubs to show. What should I do in this case, ask him to print out his monthly bank statements?

 

The "Chinese" equivalent for a W-2 is the IRS Form 4852 - Substitute for Form W-2. All you need for this form is to fill in the amounts as if it were the actual W-2 and answer the questions - "How did you determine the amounts?" - from paycheck stub.

 

"Explain your efforts to obtain W-2 . . ." - Contacted payroll dept., and asked for a W-2 - none was provided

[lukoktonos]

For what it's worth--they didn't ask for my W2's. I filed back taxes in China and just gave them my 1040s with the other form saying I didn't need to pay for being abroad (2555? Or something like that)

 

They did make me turn in my joint sponsors W2s, however.