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What if the affidavit isn't "good enough"?

tuulikaarina
04-17-07, 12:13 PM
We're learning about all the paperwork we need to gather for my visa interview, and I'm worried about the Affidavit of Support. :S

What happens if my affidavit of support isn't "good enough" at the interview? Will they automatically deny me the visa, or is there an option of "go home and get better papers and schedule a new interview" or something?

If I'm not quite sure whether the affidavit from my fiancé will be approved, should I ask his father to make another one just in case and go to the interview with them both, give the interviewer the one from my fiancé first and if that doesn't "pass" then pull out the other one? Or is it possible to wait and see if we need another Sponsor? (Of course I'd prefer not to have to bother my father-in-law-to-be.)

Thanks in advance!

Tuuli

aussiewench
04-17-07, 12:35 PM
Tuuli,

Does your fiancé meet the poverty guidelines for the I-134? Generally this is 100%. 125% makes it a safer bet though, as some consulates/embassies like to see 125% as 125% will be required once you reach the adjustment of status process with the I-864. If so, you will be fine. If not, then you will need another sponsor. Remember also, that the affidavit of support is only one thing that a conof may use to determine if the applicant will or won't become a public charge.

Jamie
04-17-07, 08:37 PM
Wont you get the chance to find a joint-sponsor if neccesary

aussiewench
04-17-07, 09:04 PM
Wont you get the chance to find a joint-sponsor if neccesary

There is no provision with the I-134 for a joint sponsor, only a sponsor. Its not like the I-864. If the petitioner who is the obvious choice for a sponsor does not meet the poverty guidelines, then another sponsor can be used. Typically a family member or close family friend. Yes, you are generally given an opportunity to submit another I-134 that meets the requirements if the first one is deemed not satisfactory.

tuulikaarina
04-19-07, 10:31 AM
Aussiewench, thank you so much. You're always there to respond, advise and explain.. Your help is very appreciated. :thumbs:

We should be fine with the affidavit, I'm just spending my free time worrying. :lol: It's good to know that we would probably ge given the opportunity to submit another affidavit if the first one isn't satisfactory, that makes me feel easier. I knew that there's no Joint Sponsor with I-134.

Remember also, that the affidavit of support is only one thing that a conof may use to determine if the applicant will or won't become a public charge.
What do you mean by this?

Thanks again for all your help, wenchie. :)

Tuuli

aussiewench
04-19-07, 11:30 AM
Remember also, that the affidavit of support is only one thing that a conof may use to determine if the applicant will or won't become a public charge.
What do you mean by this?

Thanks again for all your help, wenchie. :)

Tuuli

Other documentation other than what is stated on the I-134 instructions e.g. income tax returns. On the instructions this is only required if self employed, but it is another way that a conof may use to determine the public charge issue. Some consulates even require 3 years returns.

Consulates do vary, but a good example of overcoming the public charge can be found e.g. on the US embassy website for Japan Overcoming the Public Charge (http://japan.usembassy.gov/e/visa/tvisa-niv-kaffidavit.html)


P.S. :P and cut the unnecessary worry, or I'll spank ya http://www.emotipad.com/newemoticons/SmackBottom.gif

tuulikaarina
04-19-07, 01:36 PM
Right, okay. Thanks, I'll check out that link. I knew that tax returns are generally included in the evidence even though they're not required on the form, I didn't realize that was what you meant.

Tax returns won't help us, though, they're part of the problem. The problem is that my fiancé was unemployed for a while, so we won't be able to show that he'd have had a regular income for the last years. I know that current situation is the most important thing so we should be fine (he's employed now), but our case isn't the simplest one.

Anyway, thanks for the advice and I promise I won't worry too much.. You can put away that whip, wenchie! :lol:

Tuuli

mixchel
04-19-07, 06:18 PM
We should be fine with the affidavit, I'm just spending my free time worrying. :lol:



Well, well, idle hands are the devil's toy, or something like that. If you've got all that free time, the research on the Public Charge issue should be fun, or certainly more interesting than worry! :D

There is some very interesting stuff posted in the INA under 'immigration law' at uscis.gov

FutureMrs
05-10-07, 06:18 PM
Here's a question:

I already had my I-134 notarized and the income information I used was the amount of gross income combined on my W2s, is this correct? The gross income amount is higher than the wages, tips, allocations etc...

Also, Blockbuster is making it impossible for me to obtain the employment verification I need. What else can I do besides tax transcripts from the last 3 years and my 2006 W2?

ILIKEALLCAPS
05-10-07, 06:24 PM
Do you have any of the Social Security statements that come out yearly? They list income. (not sure if they'll count...but they can't hurt).

Also, you might be able to get some kind of employment verification from your Employment Security office. It'd be worth a try to see what they might be able to do.

Good luck!

FutureMrs
05-10-07, 09:18 PM
Do you have any of the Social Security statements that come out yearly? They list income. (not sure if they'll count...but they can't hurt).

Also, you might be able to get some kind of employment verification from your Employment Security office. It'd be worth a try to see what they might be able to do.

Good luck!

You know, I never thought of that! I do have the social security report for last year! Thanks!

gigo
05-10-07, 09:35 PM
Most people seem to freak out about this I-134. I think it is important to determine if your consulate even requires it? or is it optional? I did not provide an I-134 for my SO at her interview and the visa was still approved. I did it for a couple of reasons. 1) because they said it was optional, 2) to see if it could be done, 3) principle....

Now, having said that, I did provide financial documents but only my 2006 tax return (complete with W-2) and two recent pay stubs. That is all... No bank letter, no employment letter, no assets, nada........

GrenadianCrix
05-15-07, 04:32 PM
Here's a question:

I already had my I-134 notarized and the income information I used was the amount of gross income combined on my W2s, is this correct? The gross income amount is higher than the wages, tips, allocations etc...

Also, Blockbuster is making it impossible for me to obtain the employment verification I need. What else can I do besides tax transcripts from the last 3 years and my 2006 W2?

Hiya Future Mrs. good seeing you!
I wonder if you have an original contract, or employment agreement with them? That might help too.
Sue

gigo
05-15-07, 04:38 PM
Here's a question:

I already had my I-134 notarized and the income information I used was the amount of gross income combined on my W2s, is this correct? The gross income amount is higher than the wages, tips, allocations etc...

Also, Blockbuster is making it impossible for me to obtain the employment verification I need. What else can I do besides tax transcripts from the last 3 years and my 2006 W2?

Hiya Future Mrs. good seeing you!
I wonder if you have an original contract, or employment agreement with them? That might help too.
Sue


A most recent paystub is pretty good verification of current employment....

CelticWoman
05-16-07, 05:47 PM
Most people seem to freak out about this I-134. I think it is important to determine if your consulate even requires it? or is it optional? I did not provide an I-134 for my SO at her interview and the visa was still approved. I did it for a couple of reasons. 1) because they said it was optional, 2) to see if it could be done, 3) principle....

Now, having said that, I did provide financial documents but only my 2006 tax return (complete with W-2) and two recent pay stubs. That is all... No bank letter, no employment letter, no assets, nada........

Most consulates require the I134, gigo. A few from the former soviet union are some of the rare exceptions.

gigo
05-16-07, 06:26 PM
Most people seem to freak out about this I-134. I think it is important to determine if your consulate even requires it? or is it optional? I did not provide an I-134 for my SO at her interview and the visa was still approved. I did it for a couple of reasons. 1) because they said it was optional, 2) to see if it could be done, 3) principle....

Now, having said that, I did provide financial documents but only my 2006 tax return (complete with W-2) and two recent pay stubs. That is all... No bank letter, no employment letter, no assets, nada........

Most consulates require the I134, gigo. A few from the former soviet union are some of the rare exceptions.

Can I see this list indicating that only a few FSU countries are the exception? Ciudad Juarez and Casablanca are two that I can think of off the top of my head that do not require it as well and they are not FSU.

mixchel
05-16-07, 07:33 PM
Is it still true that Vancouver doesn't use it, but Montreal does?

CelticWoman
05-17-07, 05:13 AM
Most people seem to freak out about this I-134. I think it is important to determine if your consulate even requires it? or is it optional? I did not provide an I-134 for my SO at her interview and the visa was still approved. I did it for a couple of reasons. 1) because they said it was optional, 2) to see if it could be done, 3) principle....

Now, having said that, I did provide financial documents but only my 2006 tax return (complete with W-2) and two recent pay stubs. That is all... No bank letter, no employment letter, no assets, nada........

Most consulates require the I134, gigo. A few from the former soviet union are some of the rare exceptions.

Can I see this list indicating that only a few FSU countries are the exception? Ciudad Juarez and Casablanca are two that I can think of off the top of my head that do not require it as well and they are not FSU.

I've never seen a list. Maybe someone here should compile one.

gigo
05-17-07, 05:40 AM
[QUOTE=gigo;4806]
I've never seen a list. Maybe someone here should compile one.

Fabulous idea.... Because then when someone wishes to make a claim that many, most, some, few, more likely than not, etc... There is researched fact to support it rather than common belief or urban legend that may have developed over time or worse yet, migrated information from the "other" site that may have been true at one point in time but may no longer be. This board has an opportunity to begin fresh and in my mind the worst thing that can happen is to transfer mis-information that propagated over there because we are not willing to refresh it.

TracyTN
05-17-07, 07:50 AM
I agree, Gigo. I did think that the 'embassy info' section of that site was extremely helpful, but it seemed to be out of date quickly (I know I updated the London info twice, and I can think of at least one other change that needs to be made).

I'll point wenchie to this thread, give her some food for thought. :)

CelticWoman
05-17-07, 09:03 AM
I think it's more important to keep each consulate info updated so that readers can do their own research.

I realize I'm waffling here. We have to keep in mind the purpose of this community. It's a resource center - not the be all, end all.

I think I know how I feel now...........*rolls eyes*

gigo
05-17-07, 09:39 AM
I think it's more important to keep each consulate info updated so that readers can do their own research.



YES!!!!!....(to highlited information above!!)

However, even providing links to consulate specific information will require maintenance... It might take several (many?) people who are willing to periodically test the info for changes, updates, inconsistencies and/or even simply broken links.

aussiewench
05-17-07, 09:44 AM
I have started a thread in the FBI Site Discussion Forum where we can continue this general discussion on what the site can do regarding the Consulates/Embassies that use the 1-134. See HERE (http://www.familybasedimmigration.com/forum/showthread.php?p=4855#post4855)

mixchel
05-17-07, 11:41 AM
I think it's more important to keep each consulate info updated so that readers can do their own research.



YES!!!!!....(to highlited information above!!)

However, even providing links to consulate specific information will require maintenance... It might take several (many?) people who are willing to periodically test the info for changes, updates, inconsistencies and/or even simply broken links.

"Doing their own research" doesn't mean that people MUST find the correct info posted HERE. To me, the idea is that they learn how/where to confirm what they have read.
Regarding the I-134, for example, I would rather read the last 10 interview experiences that say 'I was not asked to submit that form'. Or call the Visa Unit myself (well, maybeeee).

I think that indexing or extracting from user reports is a huge burden to expect any site to keep up with. I think the best idea is to teach people that #1 the instructions (and forms etc) they get from the Visa Unit are likely to be outdated or incorrect (ex: Paris tells K-1s to bring both the I-134 and I-864). Knowing that the checklist isn't The Word, it's now the applicant's responsibility to get the most recent 'on the street' information.

FBI or any one site does not have to have every detail for every Consular Post, but it should be able to tell people how to find that information.

CeriseRose
05-17-07, 02:58 PM
Is it still true that Vancouver doesn't use it, but Montreal does?

As of June 2005 Vancouver did require the I-134 and the OF-67 Attachment from the USC. Montreal required the I-134 but not the OF-67 Attachment.

I'll see if I can find some more up to date info. Gah, this makes me feel old. haha

FutureMrs
05-17-07, 06:45 PM
Here's a question:

I already had my I-134 notarized and the income information I used was the amount of gross income combined on my W2s, is this correct? The gross income amount is higher than the wages, tips, allocations etc...

Also, Blockbuster is making it impossible for me to obtain the employment verification I need. What else can I do besides tax transcripts from the last 3 years and my 2006 W2?

Hiya Future Mrs. good seeing you!
I wonder if you have an original contract, or employment agreement with them? That might help too.
Sue


I actually called HR again yesterday and they mentioned to me that I could use my hiring contract. Now I need to hunt it down or wait until my boss gets back next week for a copy. Thanks to everyone!

tuulikaarina
05-28-07, 10:11 AM
Hello, I'm here again!

We've decided to prepare two affidavits for my visa interview because my fiancé's patchy employment record may not convince the interviewer. My future father-in-law will sign an affidavit for me. So I have a few questions about his paperwork.

What's my relationship to him? "future daughter-in-law"? :lol:

My in-laws file their taxes jointly, how does that affect the affidavit?

Should my FIL list my fiancé as a dependent although he doesn't support him? Or only his wife?

What should he write in "I do not intend to make specific contributions..."? I assume he should check "do not"? But what about an explanation?

Thanks again for all your help!

Tuuli

aussiewench
05-28-07, 11:06 AM
future daughter in law would suffice. It states the relationship.

It is my understanding both husband and wife would sign the affidavit.

If your fiance is not a dependant, it is my understanding that he is not included. Someone should be able to confirm or correct this.

Some check 'I do' and state how they will support. Many check nothing and put 'N/A ( K1 visa process for permanent residence )'. Both are acceptable. The reason many do the latter is because the I-134 is used for other types of visas that are of a temporary nature to the US that require support whilst in the US. The I-134 is not a requirement of the K visa even though it is often used as one thing to determine if the applicant will or wont become a public charge. Not all consulates/embassies require it.

tuulikaarina
05-28-07, 11:32 AM
It is my understanding both husband and wife would sign the affidavit.

All right, so what does that mean - do they both have to fill out a I-134 form? Do they both have to provide evidence, or only one of them? There's no Joint Sponsor for I-134 so they can't both be my sponsor...

Thanks again Aussie, you're a tremendous help. :thumbs:

ILIKEALLCAPS
05-28-07, 01:00 PM
(ok, we did this for I-864 not I-134, but it should hold true)


I had my mom fill out a "back up" affidavit, just in case. (my assets covered the minimum, but I wasn't employed at the time so we covered ourselves.)

Dad was retired, Mom was still working, they file taxes jointly, and only Mom filled out the I-864.

(and then, after all that, my assets were enough).

So, to sum up. Good to have a backup, but only 1 should need to fill out the affidavit. (their taxes should show distinct income, or at least their w-2s)

jdedrick
06-04-07, 08:18 PM
What I'm about to ask might possibly be the dumbest question asked on these boards, but I'm going to go ahead and ask it anyway.

On the I-134, Question 10 asks me to list if I've submitted visa petitions to USCIS on behalf of anyone. Now, I reckon that the I-129F that I filed (and got approved) on behalf of my fiancée to get to this stage of the game counts there - but am I right? For some reason I have this seed of doubt about it, thinking that maybe they're just trying to see if I'm a serial applicant or something, because of course if she's my fiancée, I've submitted the petition for her and they must already know that.

Thanks in advance for any clarity that you might be able to provide, and I apologize for being dense.

PS - thanks to everyone who's been giving help and support to my better half, tuulikaarina. The information and advice we've found here have been a huge help. She's much better about reading/posting than I am, for which I'm very grateful.

TracyTN
06-04-07, 08:28 PM
Yes, you have filed on behalf of your fiancee. You list her name in question 10.

As your fiancee will have this in hand when she goes to her interview, it needs to be clear that this I 134 is on her behalf. They already know a lot of things, but rarely does that stop them from asking twice (even at the State Dept phase! :lol:

We enjoy having tuulikaarina around! :)

mixchel
06-04-07, 09:16 PM
On the I-134, Question 10 asks me to list if I've submitted visa petitions to USCIS on behalf of anyone. Now, I reckon that the I-129F that I filed (and got approved) on behalf of my fiancée to get to this stage of the game counts there - but am I right? For some reason I have this seed of doubt about it, thinking that maybe they're just trying to see if I'm a serial applicant or something, because of course if she's my fiancée, I've submitted the petition for her and they must already know that.

It's not a dumb question, jdedrick. I like the saying "When you are a hammer, everything looks like a nail".
You see the I-134 and the word 'petition' and equate it with 'fiance', but the I-134 and many of the other forms you'll be using have multiple applications.

The I-134 is the Affidavit of Support for all non-immigrant visa types.

Search uscis.gov for I-134 and you'll see the many cases that call for it.
http://tinyurl.com/2ly3mh

And, it can be instructive to read the actual law that all this stuff comes out of when you're confused or have concern about the intent behind a question or form. Affidavits of Support, for example, are addressed in sec 213a.2 of the CFR.
The CFR and INA (bodies of law) are published on the uscis.gov site.

tuulikaarina
06-05-07, 12:17 PM
So... I'm still confused. Wenchie said both my in-laws need to sign the affidavit, Caps said one is enough. And I don't understand how it would be physically possible for both of them to sign it anyway, there's only room for one affirmation on the form...

Sorry I'm so dense! It completely freaks me out that this paperwork needs to be filled out by someone other than me and I feel like I should make it as easy for them as possible and be able to tell them exactly what to do... :S

Another question, is it really necessary to get the copies of tax returns notarized? That seems so strange to me.

CeriseRose
06-05-07, 12:25 PM
So... I'm still confused. Wenchie said both my in-laws need to sign the affidavit, Caps said one is enough. And I don't understand how it would be physically possible for both of them to sign it anyway, there's only room for one affirmation on the form...

Sorry I'm so dense! It completely freaks me out that this paperwork needs to be filled out by someone other than me and I feel like I should make it as easy for them as possible and be able to tell them exactly what to do... :S

Another question, is it really necessary to get the copies of tax returns notarized? That seems so strange to me.

In our case (CAPS is my hubby!), we were using his Mom's income as the basis of co-sponsorship, not his Dad's retirement pension. As such, only she needed to sign the form; we didn't include his Dad's $$/numbers in the I-864 she signed. Hence, only one signature. The fact that they filed taxes jointly meant that we had to clearly show what was her portion (using her W-2 forms along with the jointly-filed tax forms) and what was his portion so that her sponsorship numbers matched her income as listed on the tax forms.

The form itself is the document indicating sponsorship; the tax slips are support of that. (In other words, the form drives the process, not the income tax support documents.) If you are using the sponsorship of both parents I suspect they would both need to fill out an I-864 and each sign their own. However, that's a guess and hopefully someone can clarify. I make this guess based on if you had two sponsors who weren't married, they'd each have to show their sponsorship on separate forms.

I hope that was a little clearer and not muddier for you. :)

ETA: Also note that we used a sponsor on the I-864 during adjustment of status, not on the I-134. I just looked at the I-134 form and suspect it would be the same for signature - one per form, but again, that's a guess.

mixchel
06-05-07, 12:38 PM
So... I'm still confused. Wenchie said both my in-laws need to sign the affidavit, Caps said one is enough. And I don't understand how it would be physically possible for both of them to sign it anyway, there's only room for one affirmation on the form...

Sorry I'm so dense! It completely freaks me out that this paperwork needs to be filled out by someone other than me and I feel like I should make it as easy for them as possible and be able to tell them exactly what to do... :S

Another question, is it really necessary to get the copies of tax returns notarized? That seems so strange to me.

CAPS wrote about the I-864, which IS different from the I-134 in this regard.

Only one person can be the additional sponsor. If that person files their income tax return jointly, they will need to show their W-2 to split out how much of the joint income comes from them alone.

Tax returns can not be notarized. If you use the actual, personal copy of the tax return, you must include ALL attachments and schedules. Life is easiest if you order tax transcripts from the IRS with are official copies of what was filed with them. They are free and come fast.

gigo
06-05-07, 12:46 PM
Another question, is it really necessary to get the copies of tax returns notarized? That seems so strange to me.

It is an urban legend that has somehow proliferated. It is a very common belief on that other board that it must be done. It is the result that many people do not understand what notarization does or is. Some people believe that when a notary stamp is present it somehow validates or certifies a document when in fact it does nothing remotely near that.

tuulikaarina
06-05-07, 01:20 PM
All right, thanks a lot Cerise, Mixchel and gigo. :thumbs:

So he just needs the W-2's as well to show what portion of their joint income is.

Mixchel, my fiancé tried to get the tax transcripts for himself and his dad but he could only get some years, and others it (=the phone service) told him they were unavailable. Weird... But so if he can't get them, then we'll have to use copies of the tax returns they submitted.

Thanks gigo, that's what I thought but I wanted to be sure. It's mentioned on this site too, in the sticky at the top of this forum.

Lady Hawk
06-05-07, 01:32 PM
It's mentioned on this site too, in the sticky at the top of this forum.
Removed.

gigo
06-05-07, 02:02 PM
Thanks gigo, that's what I thought but I wanted to be sure. It's mentioned on this site too, in the sticky at the top of this forum.

The only downside is that some consulates also believe in this urban legend that a notary stamp somehow magically transforms a document.

Raven
06-06-07, 11:33 AM
Another question, is it really necessary to get the copies of tax returns notarized? That seems so strange to me.

It is an urban legend that has somehow proliferated. It is a very common belief on that other board that it must be done. It is the result that many people do not understand what notarization does or is. Some people believe that when a notary stamp is present it somehow validates or certifies a document when in fact it does nothing remotely near that.

Perhaps because Form DS-2000, formerly OF-167, entitled Evidence Which May Be Presented to Meet the Public Charge Provisions of the Law, says "notarized copies of his or her latest federal income tax return;"

It may be an instruction that is obsolete and is not adhered to any longer, but it is a still existant DoS instruction not an urban legend.

Lady Hawk
06-06-07, 12:34 PM
Another question, is it really necessary to get the copies of tax returns notarized? That seems so strange to me.

It is an urban legend that has somehow proliferated. It is a very common belief on that other board that it must be done. It is the result that many people do not understand what notarization does or is. Some people believe that when a notary stamp is present it somehow validates or certifies a document when in fact it does nothing remotely near that.

Perhaps because Form DS-2000, formerly OF-167, entitled Evidence Which May Be Presented to Meet the Public Charge Provisions of the Law, says "notarized copies of his or her latest federal income tax return;"

It may be an instruction that is obsolete and is not adhered to any longer, but it is a still existant DoS instruction not an urban legend.
I agree, which is why when I deleted the word 'notarized' in the stickied I-134 thread, I also made a note that consulates may require notarization and to check with the consulate/others experiences from a particular consulate.

tuulikaarina
06-08-07, 11:21 AM
Okay, this is just a tiny little question, and I swear we're almost done filling in these papers! :lol:

In question #7 of the I-134, it only gives a tiny little slot where to put the name of employer - what if it's a long name? Add it in by hand? Put "see attached sheet"? Abbreviate the name somehow?

CeriseRose
06-08-07, 11:08 PM
Okay, this is just a tiny little question, and I swear we're almost done filling in these papers! :lol:

In question #7 of the I-134, it only gives a tiny little slot where to put the name of employer - what if it's a long name? Add it in by hand? Put "see attached sheet"? Abbreviate the name somehow?

On any of the forms if we didn't have enough room or needed to provide extra explanation, we did exactly that. "See attached sheet."

Remember to clearly label the attached sheet with the form number (i.e. we put a header on it saying "[Form number] Additional Information" as well as our names and any numbers they've assigned to us (depending on where you are in the process you may have one on an NOA2 or an A#). :)

In other words, we made it as clear as possible so they'd have to be completely insane not to see the connection. :lol:

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