K1 London Financial Support

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Most text here is from a previous version of the US Embassy London website. The information is more detailed than what is currently available. This information can be used to help visa applicants assure the Consular Officer that s/he will not become a Public Charge while in the US.

After arriving in the US as a K-1 and getting married to your USC petitioner, you will need to file Adjustment of Status to Permanent Residency. That application will require a new, different form of the Affidavit of Support. Please see form I-864.

TOP TIP: Always download your forms from uscis.gov for the most up to date forms and instructions.

Evidence Which May Be Presented to Meet the Public Charge Provisions of the Law

K-1 and K-3 and their derivatives are not required to file an affidavit of support, form I-864 at the time he or she applies for the visa.
However, the Immigration and Nationality Act does require the applicant to establish to the satisfaction of the consular officer at the time of the application for a visa, and also to the satisfaction of an officer of the United States Citizenship and Immigration Services (USCIS) at the time of application for admission to the United States, that he or she is not likely at any time to become a public charge.

An applicant for K-1 or K-3 visa may generally satisfy the requirement of the law by the presentation of documentary evidence establishing that:

1. the applicant has, or will have in the U.S. personal funds sufficient to provide support for the applicant and dependent family members, if any, or sufficient to provide support until suitable employment is located;

2. the applicant has arranged employment in the U.S. that will provide an adequate income for the applicant and dependent family members;

3. relatives or friends in the U.S. will assure the applicant's support; or

4. a combination of the above circumstances USER NOTE: Please read the above carefully. Note that there is no mention of income levels, poverty guidelines or household members. While many people use those measurements (from the I-864) they are not necessarily the measurement the Consular Officer applies in the visa interview. Please go back and re-read the 4 points above one more time.


Applicants Own Funds

An applicant who expects to be able to meet the public charge provisions of the law through personal financial resources may submit to the consular officer evidence of funds or income from one or more of the following sources:

  • bank statement showing present balance of applicant's account, date account was opened, the number and amount of deposits and withdrawals during the past 12 months, and the average balance during the year. If there have been recent unusually large deposits, an explanation thereof should be given;
  • proof of ownership of property or real estate, in the form of a title deed or the equivalent and a letter from a lawyer, or real estate agent showing its present valuation (any mortgages or loans against the property must be stated);
  • letter or letters verifying ownership of stocks and bonds, with present market value or expected earnings indicated;
  • statement from insurance company showing policies held and present case surrender value;
  • proof of income from business investments or other sources.

If the financial resources are derived from a source outside the United States, a statement as to how the funds or income are to be transferred to the U.S. must be provided.


Employment

USER NOTE: This does not apply to most K-1 visa applicants, as they will not have employment authorization for their first 90 days (minimum).

An applicant relying on an offer of prearranged employment to meet the public charge provisions of the law should have the prospective employer submit a notarized letter of employment on the letter head stationary of the employing business. The letter should:

  • contain a definite offer of employment;
  • give a description of the job offered to the alien and an explanation of skills which qualify the alien for the position;
  • state the rate of compensation to be paid and if pertinent, additional information detailing other benefits to be included in lieu of cash payment;
  • specify the location, type and duration (whether seasonal, temporary or indefinite) of the employment offered; and
  • state whether the employment will be immediately available upon the applicant's arrival in the U.S.


Affidavit of Support

Persons in the U.S. who wish to furnish sponsorship of a fiancee or Kii visa applicant in the form of an affidavit of support should use form I-134 which is available from the U.S. Citizenship and Immigration Services Sponsors may also elect to furnish a statement in the form of an affidavit sworn to before a notary public or other official competent to administer an oath, setting forth his or her willingness and financial ability to contribute to the applicant's support and reasons, in detail, for sponsoring the applicant.

The affidavit should include:

  • information regarding his or her annual income;
  • where material, information regarding his or her other resources;
  • obligations for the support of members of his is or her own family and other persons, if any;
  • other obligations and expenses;
  • plans and arrangements made for the applicant's reception and support;
  • an expression of willingness to deposit a bond, if necessary, with the USCIS to guarantee that the applicant will not become a public charge in the United States; and
  • an acknowledgment that the sponsor is aware of his or her responsibilities under the Social Security Act, as amended, and the Food Stamp Act, as amended, that the affidavit will be binding upon the sponsor for three years after entry of the named persons; and that the affidavit and supporting documentation may be made available to a public assistance agency. (The provisions of the above laws are contained in form DS-1858, Sponsor's Financial Responsibility Under the Social Security Act, and printed in Part III of the instructions for Form I-134).


The sponsor should include in the affidavit a statement concerning his or her status in the U.S. If the sponsor is an American citizen the affidavit should include a statement about how U.S. citizenship was acquired. If naturalized, the affidavit should indicate the date of naturalization, the name and location of the court, and the number of the sponsor's certificate of naturalization. If the sponsor is an alien who has been lawfully admitted into the U.S. for permanent residence, he or she should state in the affidavit the date and place of admission for permanent residence and the alien registration number which appears on his or her Alien Resignation Receipt Card.

To substantiate the information regarding income and resources the sponsor should attached two or more of the following items to the affidavit.

  • notarized copies of his or her latest federal income tax return;
  • a statement from his or her employer showing salary and the length and permanency of employment;
  • a statement from an officer of a bank regarding his or her account, the date the account was opened and the present balance;
  • any other evidence adequate to establish financial ability to carry out his or her undertaking toward the applicant for what might be an indefinite period of time.


If the sponsor is well established in business he or she may submit a rating from an recognized business rating organization in lieu of the foregoing. Affidavits of support should be of recent date when presented to the consular officer. They are unacceptable if more than one year has elapsed from the date of execution. The affidavit of support should be given to the applicant to present on the day of his or her visa interview. If you do not wish for the person to see this affidavit, you may send it directly to the Embassy with a covering letter giving the applicant's full name, date and place of birth and case number.

This is a link to the google cache of the above page.


User Experiences Regarding Evidence

[1] he asked if I had an affadavit of support so I handed him an I-134 my mother-in-law-to-be had filled out along with letters from her employer and bank. He asked if I had tax returns for her and I told him I had those as well if they were helpful. He told me that they weren't essential but it made everything a lot easier and handed me back the letters in favour of the tax documents. After glancing at them he asked what my fiancée's name was, and after I told him he asked if I had an I-134 from her. Apparently he wanted to see that and kept it along with her tax records despite the fact she has only just graduated college and had an annual income last year of ~$3000.


[2] She then explained that she needed the original I-134 from my and on that basis was suspending approval of the visa until then. She also requested printouts of my fiancée's payslips for all of 2009 and the start of 2010 or her tax return for the year. I had given her my fiancée's IRS transcripts which she didn't seem impressed by, she said she had never seen them formatted the way they were and couldn't read them and that is why she wanted extra evidence.


[3]

  • Affidavit of Support (I-134) & copy
  • Supporting papers for I-134 e.g. employer’s letter, pay slips, etc
  • Tax Transcripts for 2008, 2007, 2006
  • Copy Tax Return 2008, 2007, 2006, with W2s.


[4] That's 'boiler plate' language that addresses typical situations, they are not absolute requirements. Your husband needs to show something that documents his employment and his pay.


[5] All they were interested in was my passport, original birth certificate both hers and mine, police certificate, letter of continued support from her signed and dated (they don't need one from you as that's why your there), letter from her employer stating she is working etc, letter from her bank showing financial details, letter from my bank showing the same and photos. This is all they asked for out of my mountain of paperwork I thought was needed.


[6] K-1 and K-3 and their derivatives are not required to file an affidavit of support, form I-864 at the time he or she applies for the visa. However, the Immigration and Nationality Act does require the applicant to establish to the satisfaction of the consular officer at the time of the application for a visa, and also to the satisfaction of an officer of the United States Citizenship and Immigration Services (USCIS) at the time of application for admission to the United States, that he or she is not likely at any time to become a public charge. (more)


[7] Why are k-1 visas denied at the embassy interview

[8] K-1 Visa: Application Links That Work/Important Evidence of Support Info


[9] Now the paperwork she asked for was quite interesting, as there was no request for additional evidence of relationship, or fiancée bank and pay statements, or the letter from her bank. She only wanted one copy of the I-134, my police certificate, long birth certificate, divorce paperwork, and my fiancées U.S. tax return. She already had the DS-156, DS-156k and DS-230 Part I as I had returned that to them before the interview. She asked me when I planned to fly back to the U.S.


[10] She then asked for my Affidavit of Support which i handed over to her including all relevant information but she just kept the I-134 my fiancee's letter of employment and her wage slips and handed me back tax returns and W2's and mumbled something I couldnt quite make out but I assumed she didnt want them.


[11] Hi all, I posted the bones of this in my long report, but the answer I got to the pertinent question about tax returns was as follows:

"Tax returns aren't essential but they're the easiest for us, and thus you, to deal with. You can use the other forms of evidence but we'll always take tax returns if you have them."

In my case they took the last year's tax return for my mother-in-law-to-be (who has money) and my fiancée (who does not). because I had those he wasn't interested in anything else. I got the impression it would have yielded a lot more prodding and questioning if I didn't have the tax returns.

As far as to why they were so long, it was two things. Firstly it was a joint tax return for both of her parents and they've both got quite a few little pots of things - and I mean little - but they're all listed separately. Secondly, they'd put all their State Tax stuff in as well.


Rete says:

The I-134 is an "either/or" document. You don't typically need all the suggested evidence to show the ability to sponsor.

Tax returns are asked for by the US Consulate in London but you can also just give them a letter from an employer stating position and salary. This would be relevant in the case of a new employee, say fresh from college, who never had to file a tax return because they never worked before. Or say the sponsor is using income and assets to prove evidence of ability to sponsor. Then why would need tax returns and bank statements showing income and the required assets. Or perhaps the sponsor retired and is using only assets, then they definitely need bank and financial institution statements showing the required assets.

It is great to have all three but it is not a requirement.

Back in 1997 when this marriage-based forum was started on the Usenet both Ian and myself were part of the original users and this argument was always around. I, for one, provided all suggested forms of sponsorship evidence to my then fiancee who used the US Consulate in Montreal. It was overkill.

Remember also that the I-134 is not just used for the K visas. It's primary use is for those visitors who are applying for visitor vistas and need to show that when they are in the US (for a long period of time, i.e. six months) will have a USC or resident who will support their visit financially.


Ian says:

"The thing you perhaps don't understand, is that words have specific meaning. US immigration forms (as well as forms for most other US agencies) ask very simple questions and give very simple information. Don't try to interpret any question or information as anything other than face value.

Take, for example, the bit above which you quoted on the I-134. "Evidence should consist of..." Note the word "should". The form doesn't say, "Evidence will consist of..." Since the word "should" and "will" mean two entirely different things don't be surprised if things are asked for which aren't on the form."


JEff says:

"Understand that I-134 for non-immigrants, unlike I-864 for immigrants, does not lay out the requirements for meeting the public charge provisions of the law. DS-2000 does that.

Further, I-134 is but one of several items that may be required for a consular officer to determine if the visa applicant meets the public charge provisions. Income tax returns are one of the other items that may be required, totally independent of the I-134.

The ultimate requirement is that the consular officer be satisfied that the proferred sponsor is both able to and will provide the support that they are offering. The consular officer can ask for whatever they feel they need to be satisfied."