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I-134 Info Needed Please.

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I-134 Info Needed Please.

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Old Oct 13th 2003, 3:30 pm
  #1  
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Default I-134 Info Needed Please.

I have just filed for the k3 visa for my spouse who lives in the UK. I am about to start filling out the I-134 Affidavit of support. I have a couple of questions regarding this procedure.

I was a college student for about six years and then I started working early last year. So I only have one tax return filed and I ofcourse I havent filed yet for this year. So I do not meet the requirement of having tax returns for three years. My cousin who is willing to sponsor my spouse does have his returns and meets the income level. Can I just fill out an affidavit of support with his info or do I have to fill one out with my info aswell? If I have to fill one out with my info as well do I need returns for all three years? Very confused and in need of help. Thanks
Samir
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Old Oct 13th 2003, 4:38 pm
  #2  
Tim Elzinga
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Default Re: I-134 Info Needed Please.

Where does the I 134 say that you need 3 years worth of tax returns? The
way I understand it when I read it, you only need to submit a copy of your
tax return if you are self employed and that only for the most recent tax
year. For that matter, I don't even see where you are required to have a
certain level of income for the I 134. You should only need a letter from
your employer and possibly also a letter from your bank. As long as you
have a job and money in the bank, you should be fine. You only need the 3
most recent tax returns for the I 864, and even then the fact that you were
a student won't count against you. As long as you meet the income
requirement for the I 864 when you need to file it in conjunction with the
adjustment of status you shouldn't need a cosponsor.

Someone please correct me if I'm wrong, but nothing I can find on the form
says that the same guidelines that apply to the I 864 also apply to the I
134. If anyone has concrete information and perhaps even the relevant
portions of the law that apply here, it would be greatly appreciated.

Tim

"samir1010" <member@british_expats.com> wrote in message
news:[email protected]...
    > I have just filed for the k3 visa for my spouse who lives in the UK. I
    > am about to start filling out the I-134 Affidavit of support. I have a
    > couple of questions regarding this procedure.
    > I was a college student for about six years and then I started working
    > early last year. So I only have one tax return filed and I ofcourse I
    > havent filed yet for this year. So I do not meet the requirement of
    > having tax returns for three years. My cousin who is willing to sponsor
    > my spouse does have his returns and meets the income level. Can I just
    > fill out an affidavit of support with his info or do I have to fill one
    > out with my info aswell? If I have to fill one out with my info as well
    > do I need returns for all three years? Very confused and in need of
    > help. Thanks
    > Samir
    > --
    > Posted via http://britishexpats.com
 
Old Oct 13th 2003, 5:12 pm
  #3  
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Default Re: I-134 Info Needed Please.

Samir,

You are the sponsor, you need an I-134 with your information on it.

You do not need 3 years of income tax returns unless you are self employed, or unless your foreign fiance(e) is applying for the visa at one of the consulates that has a local policy of requiring 3 years of tax returns.

Just because you were a student for 6 years doesn't mean that you couldn't have filled out a tax return. If the consulate where your fiance(e) will be applying requires 3 year of returns, file some late returns. No penalty if you don't owe any tax. Give the consulate what they want.

Originally posted by samir1010
I have just filed for the k3 visa for my spouse who lives in the UK. I am about to start filling out the I-134 Affidavit of support. I have a couple of questions regarding this procedure.

I was a college student for about six years and then I started working early last year. So I only have one tax return filed and I ofcourse I havent filed yet for this year. So I do not meet the requirement of having tax returns for three years. My cousin who is willing to sponsor my spouse does have his returns and meets the income level. Can I just fill out an affidavit of support with his info or do I have to fill one out with my info aswell? If I have to fill one out with my info as well do I need returns for all three years? Very confused and in need of help. Thanks
Samir
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Old Oct 14th 2003, 3:42 pm
  #4  
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Default Re: I-134 Info Needed Please.

Originally posted by jeffreyhy
Samir,

You are the sponsor, you need an I-134 with your information on it.

You do not need 3 years of income tax returns unless you are self employed, or unless your foreign fiance(e) is applying for the visa at one of the consulates that has a local policy of requiring 3 years of tax returns.

Just because you were a student for 6 years doesn't mean that you couldn't have filled out a tax return. If the consulate where your fiance(e) will be applying requires 3 year of returns, file some late returns. No penalty if you don't owe any tax. Give the consulate what they want.
Thanks for all your help. Have one questions left. How do I find out what policy the consulate has for how many years tax returns they need. The consulate will be in London, do I just call them or can I get the info from BCIS? THanks
Samir
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Old Oct 15th 2003, 4:50 am
  #5  
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Default Re: I-134 Info Needed Please.

Samir,

The BCIS doesn't have anything to do with consulates.

If you want to know what a particular consulate's policies are, contacting that consulate does make some sense...

Originally posted by samir1010
Thanks for all your help. Have one questions left. How do I find out what policy the consulate has for how many years tax returns they need. The consulate will be in London, do I just call them or can I get the info from BCIS? THanks
Samir
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Old Oct 15th 2003, 5:42 am
  #6  
Kae
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Default

You can write an email to the London Embassy asking them any simple questions. Most use this to check if their case has reached the Embassy yet etc. Their email address is:

[email protected]

Usually, they will get back to you within 24 hours of you sending the question. You'll get a response more quickly if you send your question into them during their working hours. I've emailed them twice with questions, and both times received back a clear and helpful response.

Good luck to you.
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Old Oct 15th 2003, 3:41 pm
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Originally posted by Kae
You can write an email to the London Embassy asking them any simple questions. Most use this to check if their case has reached the Embassy yet etc. Their email address is:

[email protected]

Usually, they will get back to you within 24 hours of you sending the question. You'll get a response more quickly if you send your question into them during their working hours. I've emailed them twice with questions, and both times received back a clear and helpful response.

Good luck to you.
Just wanted to thank everyone for your help.....Dont know what I would do without everyone on this site....
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