▆ ▇ █ Visa Tutor █ ▇ ▆

  • START HERE
  • I-129F Petition
    • Step by Step Process
    • I-129F Instructions
    • Sample Form
    • Evidence of Meeting
    • Letter of Intent to Marry
    • Circumstances of meeting
    • Package Checklist
    • If you met Online
    • Proof of Relationship
  • K-1 Visa Guide
    • Checklist
    • Cost
    • K-2 Visa Process
    • Full Process Guide
    • Flowchart
    • Timeline
    • Red Flags
    • Adjustment of Status
  • K-1 Interview
    • K-1 Visa Medical Exam
    • Affidavit of Support (form I-134)
    • Police Certificates
    • DS-160 (step by step)
    • Interview Checklist
    • Interview questions
    • What happens at the Fiance K-1 Visa Interview?
  • Green Card
  • Blog
  • Donations
6
Feb

4 problems of the I-134 AOS that lead to K-1 visa denials

Common Problems filing the I-134 Affidavit of Support for the K-1 visa

The I-134 Affidavit of Support is not easy to put together for your upcoming fiance visa interview. It’s a bunch of forms, documents, evidence, taxes, taxes (and don’t forget taxes).

If you’re being proactive and thinking ahead in your Affidavit of Support –I know all about it… because I also had a hard time. In fact, when I was assembling it, my biggest problem was one of the 4 topics we’ll discuss today.

.

.

If you have concerns then chances are it’s one of these:

● What if I don’t make enough income?

● What if I can’t find a joint sponsor?

● Am I correctly calculating my income or assets?

● What if I’ve got tax return problems. What do I do?

I’m sure you flipped through and read stories of people getting denied due to “public charge” 212(a)(4).

Will any of this happen to you? What does it mean? In fact… is it even worth worrying?

 .

statistics of public charge inadmissibility reveals it's a leading cause of fiance visa denial

 .

Well, sort of. You see, statistics say that “public charge” is a common reason for K-1 visa denial. Meaning these four problems are a big deal.

Let’s review these four problems because simply by being aware that there’s a problem means we’re halfway finding a solution.

.

Problem # 1: I don’t have enough income for my I-134

When someone asks before starting the K-1 visa process, what exactly they need to be approved, one of the top things I mention is enough financial support.

And I advise this in the beginning (during the I-129F) to be sure you don’t waste months of your life just to be let down at the K-1 visa interview.

Common reasons for not having enough finances include:

.

❒ Being employed at minimum wage – which surprisingly does put you above poverty limits. However, this assumes your “household size” (I-864p) is only 2 members.

□ But what if you have children?
(Possibly add them to this household depending on tax situation)

□ What if you have aging parents? Or other dependents?
(You may or may not need add them depending on your tax situation)


How do all of those factor into the income you’re supposed to be above? Heck, what if you work two jobs?… How do we combine it together?

.

❒  “I’m Self employed and get work sporadically. Some years income is good. Other years it’s terrible. How do I know if I have enough?”

Imagine you’re a freelancer. You get random contracts or gigs. How do you know if you “make enough”? Your tax return income history may go up and down like a heart rate monitor.

So, it’s hard to predict if the Embassy considers your income sufficient. Also, what if you don’t pay yourself a salary? Can you use the company’s income as your own?

.

❒  “I just got fired, demoted, laid off, etc. How does that affect me?” Well, it’s not good. The Embassy wants to know if you can financially support your fiance. They do this by looking at your CURRENT situation (with a basic understanding of your past years).

So, if you don’t currently have a job, that technically means you’re earning $0 income (unless of course, you have other sources of income). 

What if you recently re-joined the workforce or started earning after being unemployed for a long time? What if you were injured and are on workmen’s compensation? in which case you don’t actively work even though your last year’s tax returns were above minimum poverty limits. Unfortunately, you can’t be an acceptable sponsor even if it’s no fault of your own.

Read more here at (“Do I need a job for the fiance K-1 visa?”)

.

❒  I’m retired and living off of social security, pensions, veterans benefits, 401k, etc. How does all of that factor into your “income” for my I-134 form?
.

❒ Unstable income. Let’s add some complexity. Imagine you get child support in addition to your normal job. What if you only make the minimum (I-864p) limits with child support included? What if you get alimony (spousal support)?

Notice that child support is not a STABLE source of income. It may not even be acceptable at the K visa interview.

.

So… you see the issue of not making enough income is a lot more complicated than what’s written in your paystubs. A lot of things intermingle. However, for many of us the solutions are simply:

● To use a Joint sponsor
● To use assets to make up the difference.

.

Problem # 2: Can’t find a joint sponsor willing to help

Let’s say that the problem # 1 (from above) applies to you OR whatever the reason is and you decide to use a joint sponsor. Possibly if you don’t earn enough OR if you started working, got hired, fired, retired, etc. can you use a joint sponsor? 

Probably — but what if we can’t find a joint sponsor willing to help our K-1 fiance?

Sadly enough, many petitioners express disappointment when they tell me that they can’t find anyone willing to help. Even their family, parents, siblings abandon them for one reason or another.

I can see why family or friends (or coworkers) are hesitant to help. Think about it, they’re promising to financially care of the beneficiary if he/she ends up needing help.

It doesn’t mean you have to care for their day to day expenses. Instead, it means if push comes to shove, the government can sue you for any public assistance this beneficiary gets. That sounds like a scary deal to make.

Put yourself in a joint sponsor’s shoes. First, they give sensitive tax documents and trust it doesn’t get in the wrong hands. Second: they trust that everything will work out with your (US petitioner’s) job situation and you’ll care for your fiance in the future without putting them in the mix.

It’s true, they’re taking a risk on your behalf. Not to mention the scary things they see the government doing with immigration. There’s bound to be uneasiness.

Other times joint sponsors (usually parents) want to help but they can’t. Maybe they’re retired, living off of social security or barely making ends meet themselves.

The solution? Convince them to help — that is if the only thing stopping them is the discomfort of handing over their tax documents. 

Or use assets if this sponsor doesn’t make enough either for their household size.

Notice, you can’t combine incomes together (like you can with the I-864). Instead, with the I-134, the sponsor (either petitioner or a joint sponsor) must be able to fully care for the fiance on their own.

.

Problem # 3: Tax return issues / problems

This is probably the most common problem I see.

Most of us don’t understand the basics of tax returns. You know, stuff like W2 forms, 1099s, schedules is something we get in the mail and usually just hand to our CPA. He/she takes it and files our 1040 tax returns. So, most of it goes unnoticed.

But for the K-1 visa interview, your I-134 AOS depends a lot on what W2 forms you have, what they include, and other sources of income such as 1099s and schedules. The mix of these three make up your “total income” that goes in the I-134 (part 3 question 3, page 3)

.

it's important to accurately understand your tax returns 1040 so you can fill out the I-134 Affidavit of support

 .

It gets complex if you’re retired, have multiple income sources, or have unstable income.

The next problem we have is regarding work.

Take for example: if you (US petitioner) recently started working and have a tax return showing only half the income. Which is typical for recently graduated students.

And you don’t have to go too far to find a real example.

I, myself, had the same exact issue. I graduated and just started working full time when 6 months later I had to send my tax returns — which showed only half the income.

But, you see, this “problem” is solvable. Since I was currently employed and earning above the minimum, all I had to do was show them a letter of employment as proof. That did the trick.

In fact, by law the US Embassy may accept a letter of employment if the sponsor has newly joined a job (9 FAM 302.8-2(C)(4)). Read the full explanation here at tips for the I-134 AOS for the fiance visa.

.

If you haven't filed tax returns because you recently began working you can still get your I-134 approved

.

The next problem is not common but still exists. It’s if you didn’t file tax returns.

Many times you haven’t filed a tax return. For reasons such as you: didn’t make enough, you forgot, or you’re ethically opposed to paying taxes.

Other times, people don’t file tax returns for acceptable reasons: you may be retired and don’t have to file taxes on non-taxable income.

So, if you’re caught in this dilemma, what exactly do you do? Will they believe you earn enough? What’s the process for showing them you’ve got enough even though your taxes don’t present all income?

In rare cases, if you fall behind filing taxes, you may request an extension form 4868 – but how does that affect your case?

I mean, does it matter why you want an extension? Does it affect your fiance visa? Will they believe you make enough? Will they look at your past records or just make a snap judgement on your current situation?

Does it make it look like you’re stalling getting tax returns? Or does it make it look like you’re avoiding filing taxes because you don’t have enough to pay them?

There are even more head scratchers:

 

● I’m self employed, what if I don’t pay myself a salary — what does that mean for my I-134?

● Does it matter if I’ve got liens, freezes or arrears in my records?

● I’ve got a complicated tax return… I’ve got multiple sources of income, properties, stocks/bonds, Schedules, etc. How do I transform this complicated situation into something presentable at the K-1 visa interview?

Chances are if you’ve got multiple sources of income, you’re above the minimum poverty limits.

However, other times you may still not be making enough. But still, how do you take a complex situation and make it clear (and believable) for the US Embassy?

.

Problem # 4: Not correctly preparing and comparing their income/assets

Most of us don’t calculate our household size or income / assets the right way.

Take for instance: if you work a job and are right at the minimum limits – enough for yourself and your K-1 beneficiary. Now, let’s say you live with family, or friends, or anyone else in your home. Would they count as household? Who’s “partially” and who’s “wholly”?

 .

To correctly compare your income, you have to know who's "wholly" or "partially" dependent on your I-134

.

There’s a right way to figure out your household size and correctly compare income. Not everyone who lives with you qualifies as household. Some do. Some don’t. It depends on who is your dependent.

It would take me a different article to discuss all the variables you consider when coming up with your household size. It’s fairly involved.

For example: if you petitioned someone else with an I-130 in the past and submitted an I-864 on their behalf, then you may be on the hook for 10 years. In which case you have to count that person as a household member EVEN if they don’t currently live in your home or they’re not in your tax returns. Odd, isn’t it?

I’m kind of shocked that couples ignore this entire topic of “household size” and calculating income correctly. Instead, they just pray it magically works out. It’s almost like closing your eyes and hoping that your problems disappear. But that’s obviously not the way to handle problems, is it?

.

If you’ve got one of these four issues

So, those were the 4 typical problems we face with our I-134 Affidavit of Support in preparation for the fiance K-1 visa.

 

● What if we don’t make enough income?

● What if I can’t find a joint sponsor?

● Am I correctly calculating my income or assets?

● I’ve got tax return problems. What do I do?

 

Statistics show that “public charge” (INA 212(a)(4)) inadmissibility is one of the top reasons for denial. So, this I-134 is a big deal to get right. 

And I agree that much of the forms, supporting evidence, taxes, etc. can get a bit complicated. If you have these problems, you’re not alone. That’s why these are “common”.

Let’s talk about your situation.

I recommend you take my K-1 visa interview course to learn how to handle all these problems. All the topics we just talked about are covered within. Now, I admit that I can’t answer all your questions, but you’ll find the serious, complete answers that worked for others in the past.

Here's what you should read next...

Share on Facebook Share
Share on TwitterTweet
Share on Pinterest Share
Send email Mail
Print Print
  • Tagged: I-134 affidavit of Support, K-1 Visa denials
  • 11

There are 11 comments so far

  • ghazal
    8 months ago · Reply

    hi,

    i want to invite my sister ( visitor visa) but i did not have income during pandemic because i am hairstylist. the only income i had was unemployment insurance $15000. also i do not have anybody to help me as sponsor. i know the I 134 form is the important part to get visa. please guid me what i can do to fill the form with strong information. thank you

  • gina
    1 year ago · Reply

    Hi Prem,
    Thank you for all of your help. I used your I-129f information as a guide and we got approved. Now we are a few weeks away from the K1 visa interview and completing the I-134, which is confusing because I recently got laid off and have to include a co-sponsor (my mother agreed).

    The confusion is the part that ask about dependents. I’m not sure if I should put my stepdad , who she is married to and have petitioned and submitted an affidavit for. She doesn’t claim him on her taxes though, he files separately from her. Do I still have to put him?

  • Mabe Preston
    2 years ago · Reply

    Hi, how are you. Hope you are doing well. I really have a lot of questions!! ok the first is:
    – My boyfriends got his US citizenship, He obtained his citizenship through the CRBA but only has the American passport, his US ID and the social security card, it is necessary to send the certificate where it says he is a citizen??, because He does not remember that they have given him one.
    Or is it enough just with the passport copies and ID????

    Thank you ind advance.

  • Mich Hunt
    3 years ago · Reply

    Thank you so much for getting back to me a couple days ago Prem. I have some more questions if you could please help me out.

    So my retired uncle has agreed to be our new cosponsor, he has no dependents and no living spouse. What would household size be calculated as? It would be my uncle, and the beneficiary, correct? The US Embassy had told my fiancé at the interview that they need to see $33,000 from another cosponsor, but if this new cosponsor has a household size 1 + my fiancé, then the US Embassy should be looking for $21,137, or will they still want $33,000?

    Does the cosponsor have to be making this amount in Annual Income or do assets still count with cosponsors?

    My uncle in the past three years of tax returns has been making more than $60,000 but almost all of it from his taxed Individual Retirement Account. Does IRA count as annual income? This year is his first year receiving Social Security money, and it started in May. He has a document saying that every month he will receive $3,300 from SS. That would mean since may and until the end of this year, he will have gotten $26,000 from SS. Should THIS amount go in annual income instead of 2018 tax return amount?

    Prem, will this be ENOUGH for me and my fiancé to be together?? Should my uncle attach his assets?
    Thank you SO MUCH for any information you can help me with. I need my fiancé here ASAP to support me and our new baby.

  • Mich Hunt
    3 years ago · Reply

    Hi Prem,
    My fiance just went to his embassy interview. They told him a yes, but that we needed to submit a new I-134.
    The origional I-134 was by my mom, our cosponsor, who makes $27,000/year and has $80,000 in her bank account, and owns a house worth $300,000. We included all this information with documented proof. The embassy said that the new cosponsor needed to be making $33,000/year. Our household size includes my mom, me, my fiance, and i am currently pregnant with my due date in less than a week. The embassy decided to count baby as part of household size.
    Why was my moms added information about bank acc savings and realestate not sufficiant? If mom adds her IRA information and personal property (car) could this make a difference? Or do we need to find someone making $33,000/year? Like you said, finding cosponsors is difficult.

  • Moises
    3 years ago · Reply

    Hello Prem,
    Thanks for your web site it has been my tool guide in this process. Could you please help me whit this question?.
    Here is my situation:

    I am an American citizen through the naturalization of my mother; who married a US citizen; I do not have a citizenship certificate, only my American passport. In May 2019 I applied for K1 visa for my fiancée and USCIS approved my application on August 19. On October 1 NVC sent my application to the Nicaraguan embassy and assigned a case number, the Nicaraguan embassy wrote a mail on October 9 where they indicate to my fiancé that she has to send a series of documents including I-134 form. I am currently not working and I have never filed taxes because my parents (mother and step father) list me as their dependent. My step father earns enough to be my joint sponsor; he has his own company and earns good income every year. My fiancé and I have a daughter who was born in Nicaragua, the BB is an American citizen, and she already has her American passport.
    My questions are: Do I have to fill out I-134 too? I currently have a bank pay stubs of my last job, I have proof of the money that I sent to my fiancé. Can I send these documents as proof that I have worked?
    How do I prove my American citizenship if I don’t have a citizenship certificate? Is my American passport enough?
    In the citizen status part of I-134, they ask how I obtained my citizenship and put the certificate number, what should I do if I don’t have a certificate? Can I put my American passport number?

    Thank you for all the help you provide in this forum.

  • Crystal
    3 years ago · Reply

    Hi Prem,

    Thank you for these articles. They’ve been so useful in this process. I have just started a new job and will be earning enough to sponsor my beneficiary. However for the past few years I’ve lived abroad and have not made enough income to file taxes. My question is… are tax returns always required, or is a letter from my employer sufficient in this case? I know that the letter must state that my employment is permanent and state my income. Thank you for your help!

  • Zico
    3 years ago · Reply

    Hi Prem,
    I am filling out the affidavit of support form for my fiancee. My income is 1,000 above the HHS pOVERTY GUIDELINES.
    is this enough in your opinion. or do I need another sponsor.

  • Tonie
    3 years ago · Reply

    Hi Prem. I try to keep up with all the info that you provide us. You are my biggest source of valuable information. Someone mentioned in one of your posts about fiance’s family/parents involvement. It brought up a question in my mind because I have a similar question. My fiance’s parents & all family members live overseas. My family members also live overseas, in various countries & not in the same country as my fiance’s family. Our families will not be meeting each other face-to-face until we have our traditional wedding reception overseas which will be after our marriage in the US. We communicate via application chats & via telephone. How can my fiance handle this during his interview, if he is questioned about meeting my family or me meeting his family?

    I appreciate any help. Thank you.

  • Michael Crook
    3 years ago · Reply

    How much of a factor is family approval? The lady is 25, lives in Kiev, Ukraine. Her real father lives in Russia and cannot be contacted. Her Mother remarried has 2 children less than 10 yo and her step father helps her pay for her apartment but, they do not get along. Would this situation have an effect on the K-1 interview?

  • Tonie
    3 years ago · Reply

    Great topic Prem. Thank you. I am exactly at the process you just talked about with our K1. I-134 is a headache. I just completed mine & can only hope for the best. From following you & the information that you provided in the past, I managed to get all that I feel was needed to prove I am capable of sponsoring my beneficiary fiancé. I even included a cover letter breaking down my income into monthly, then yearly. I have 3 sources of income & hopefully this will make it easier for them to realize my income is sufficient. Since mine are 1099’s, I also included monthly deposits for all of them for 2018 year. The rest of this journey is up to my fiancé to convince the Consular that we have a real relationship. I will keep you informed on what happens at the consular interview stage. My fiancé is going to try & get an April interview, if one is available. Thank you so very much for your time & the valuable information that has helped thousands of people.

Leave a Comment

Don't worry. We never use your email for spam.

Don't worry. We never use your email for spam.


Hi, I’m Prem…

Let me show you how to confidently get the Fiance Visa on your own.

Please note: I’m not a lawyer and cannot provide legal help. For that, you must seek a licensed professional.

Read about me

Join 2,200+ active couples in my free email list already getting news and updates.

Visa Tutor LLC BBB Business Review

What Fiance visa couples have asked me recently…

⇩

  • R R January 28, 2022 at 11:04 pm on Steps after I-129F Fiance Visa petition approvalDo you know what USCIS processing center processes the F-1 visa? On their website, they...[click to read more]
  • kadri January 27, 2022 at 1:04 pm on K-1 Visa: Adjustment of Status Checklist (with assembly guide)Hello Prem, We have our green card approved for two (2) years. How do we...[click to read more]
  • Carly January 24, 2022 at 1:19 pm on K-1 Fiance(e) Visa – Affidavit of Support (form I-134)So if we qualify with just our income we can leave blank or put N/A...[click to read more]

Looking for something?


  • Facebook

  • Twitter

  • YouTube

  • Pinterest

Visa Tutor LLC (R) company is an accredited BBB and bonded Immigration Assistance Provider.

Visa Tutor LLC BBB Business Review

Disclaimer and Privacy Policy
Visa Tutor LLC provides information for entertainment and education only. It cannot be taken as legal advice nor guarantee results. Seek professionals for more information. See the full terms and Conditions.

Read full disclaimer, copyright, and privacy policy

Visa Tutor LLC
13201 Roosevelt Ave, PMB 818075
Flushing, New York 11354 USA

.

Disclaimer and Privacy Policy
Visa Tutor, LLC provides information for entertainment and education only. It cannot be taken as legal advice nor guarantee results. Seek professionals for more information. See the full terms and Conditions. Read full disclaimer ->

© 2019
Not legal advice...
Please note: Visa Tutor LLC is NOT a law firm and cannot provide Legal immigration advice. Everything on this website is our opinion. Please seek the help of a licensed professional if you need legal help. By continuing to use this website, you agree to the Disclaimer, Privacy Policy, and Cookies Policy. See here
Cookie settingsI Understand Visa Tutor Cannot Give Legal Advice
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT
  Fiance Visa 2021 Guide
Visa Tutor - Fiance visa Guide for 2021
  Get Free Guide (PDF)
Join 2,200+ active couples in our email group getting free news and updates
×