marriage to usc

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Old Sep 11th 2010, 6:15 pm
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Default need help understanding financial support and I-134

Hi guys I am due to attend an interview at the embassy soon and just wanted your advice regarding the financial support side of things.

My fiancee is sending me the following documents: a letter from her bank as well as an up-to-date statement (notarized) a letter from her employer on business stationary as well as a copy of her employment contract along with her latest payslip. We have also completed the i-134 form. I was just wondering whether we would have to submit her tax returns as well?? I think we have enough there but any advice would be really appreciated!!!

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Old Sep 11th 2010, 7:13 pm
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Default Re: need help understanding financial support and I-134

Yes. She should give you a copy of her most recent 3 years of tax returns, including W-2 forms. Or, she can get free IRS tax transcripts and use those, without a copy of the W-2's.

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Old Sep 11th 2010, 7:35 pm
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Default Re: marriage to usc

Ok, my understanding was that you would only have to provide tax returns if she was self-employed?? We have also read the guidelines and they dont mention tax returns just the bank and employment info. I have spoken to people at the embassy and they haven't mentioned tax returns to me before. I am very confused!!
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Old Sep 11th 2010, 7:39 pm
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Default Re: marriage to usc

Originally Posted by shorties
Ok, my understanding was that you would only have to provide tax returns if she was self-employed?? We have also read the guidelines and they dont mention tax returns just the bank and employment info. I have spoken to people at the embassy and they haven't mentioned tax returns to me before. I am very confused!!
If you are not confused you have not studied enough!

My experience is that the guidelines are not always followed. Take anything with you that you can easily lay your hands on that will support your position.

If they need extra documents and you do not have them then they will ask you to send them in later - at least that is what happened in my case. Not the end of the world but a pain in the arse.

Good luck
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Old Sep 11th 2010, 7:40 pm
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Default Re: marriage to usc

Originally Posted by shorties
Ok, my understanding was that you would only have to provide tax returns if she was self-employed?? We have also read the guidelines and they dont mention tax returns just the bank and employment info. I have spoken to people at the embassy and they haven't mentioned tax returns to me before. I am very confused!!
It's common for the ConOff to ask to see tax returns. If you want to be fully prepared, I suggest bringing them to the interview.

Rene
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Old Sep 11th 2010, 8:14 pm
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Default Re: marriage to usc

The I-134 is an either or form. You don't need everything. However, that said the London office usually asks for tax returns. So bring them. You will need them for the I-864 affidavit of support after you marry and apply for adjustment of status.
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Old Sep 11th 2010, 11:12 pm
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Default Re: marriage to usc

Originally Posted by shorties
I have spoken to people at the embassy...
You need to stop doing that! Strange though it may seem, Embassy folks are not there to be helpful - and I'm willing to bet that none of them has ever been through the immigration process.

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Old Sep 11th 2010, 11:52 pm
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Default Re: marriage to usc

This has me slightly worried now. The I-134 guidelines from the State Department state very clearly that you only need tax returns if the sponsor is self employed. I could get copies of these but not the originals in time for my interview. Would they really ask to see something that the information they send out specifically says you don't need? I know the process is chaotic but this is the first time I've heard it suggested that the information on the actual official documentation is wrong - it's usually the advice given by officials which is dodgy.
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Old Sep 12th 2010, 12:02 am
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Default Re: marriage to usc

Originally Posted by Malashaan
This has me slightly worried now. The I-134 guidelines from the State Department state very clearly that you only need tax returns if the sponsor is self employed. I could get copies of these but not the originals in time for my interview.
Copies are fine. The originals are with IRS anyway.

Would they really ask to see something that the information they send out specifically says you don't need?
Yes.

But if they ask for them and you don't have them, don't worry, your visa won't be denied. They will just have you supply the missing information and then issue the visa.

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Old Sep 12th 2010, 12:24 am
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Default Re: marriage to usc

Glad this came up here then. I'm still having a hard time believing they might ask for them when they're not on the list of required documents they send out but I probably shouldn't be; this whole process is crazy
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Old Sep 12th 2010, 12:25 am
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Default Re: marriage to usc

Originally Posted by Malashaan
This has me slightly worried now. The I-134 guidelines from the State Department state very clearly that you only need tax returns if the sponsor is self employed. I could get copies of these but not the originals in time for my interview. Would they really ask to see something that the information they send out specifically says you don't need? I know the process is chaotic but this is the first time I've heard it suggested that the information on the actual official documentation is wrong - it's usually the advice given by officials which is dodgy.
Where does it say 'don't include tax returns'?

Look, all we can tell you is what other people report. There are many interview reports where the applicant is specifically asked for a tax return from the USC fiance. All you can do is your best to be prepared for all eventualities.
This may be helpful: http://britishexpats.com/wiki/K1_Lon...ancial_Support

There are no hard and fast requirements for the K-1 visa. Also, requirements vary per Consulate; relying on the State Dept is relying on the bare bones. Groups like this one exist to help you fill in the blanks based on what actually happens to people.
I don't know if the people who were asked for a tax return had marginal sponsors or not; I seem to recall that they were sufficient, but don't recall. You might want to read Steve Homer's current thread discussing Public Charge; I put some links in there that show how subjective this decision is.

You are going to need the income tax returns for the I-864. Most people here suggest approaching the I-134 as if it were the I-864, so that the CO can see you are prepared for the next step (there is little point in giving a K-1 visa to someone who can not complete their Adjustment).

You're welcome to do as you prefer, of course. The worst thing that happens is the CO wants a tax return and suspends the application until you provide it, which is hardly a worst-case-EVAH thing.
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Old Sep 12th 2010, 12:34 am
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Default Re: marriage to usc

What it actually says in the I-134 instructions is:

"Evidence should consist of copies any of the documents below that applies to your situation.

...
...
...

C. If self employed:
1. Copy of last income tax return filed; or
2. Report of commercial rating concern."

I guess my statement that they specifically say it's not needed is slightly over-stated. It does clearly lay out a list of everything you need to provide and doesn't include tax returns, except for self-employed sponsors and then only for the last year.

However, I totally agree that being prepared for anything is the best course of action and I am busy arranging copies of the relevant tax returns. I'll report back after my interview with details about what they asked for.
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Old Sep 12th 2010, 1:08 am
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Default Re: marriage to usc

Originally Posted by Malashaan
What it actually says in the I-134 instructions is:

However, I totally agree that being prepared for anything is the best course of action and I am busy arranging copies of the relevant tax returns. I'll report back after my interview with details about what they asked for.
The I-134 might say what's required to attach to THAT form. But the ConOff has a list of things THEY want to see at an interview, and from everyone else's reports (including mine), tax returns were required. It might not be an I-134 requirement, but it might be a Consular requirement.

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Old Sep 12th 2010, 2:14 am
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Default Re: marriage to usc

Interesting, it doesn't say or even imply that anywhere
I'm distinctly less confident about getting my visa now lol
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Old Sep 12th 2010, 2:21 am
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Default Re: marriage to usc

Originally Posted by Noorah101
The I-134 might say what's required to attach to THAT form. But the ConOff has a list of things THEY want to see at an interview, and from everyone else's reports (including mine), tax returns were required. It might not be an I-134 requirement, but it might be a Consular requirement.

Rene
Exactly. The I-134 is only ONE of the items used to overcome the Public Charge provision. The link I posted before spells it out (but I see a bunch of formatting errors I am trying to fix!).
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