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?
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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.
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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:
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❒ 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?
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❒ “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?
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❒ “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?”)
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❒ 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?
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❒ 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.
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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.
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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 President Trump 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.
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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)
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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.
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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?
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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”?
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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?
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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. (read 2019 fiance visa statistics).
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.
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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.
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.
Hi Mich,
I’m not too surprised the consulate said they wanted to see $33k from your cosponsor. The totality of circumstances convinced them that your I-134 would need 4 members because you’re about to give birth soon. The dollar figure and the value they want to see really is up to their discretion in consideration of “public charge”.
The assets that you showed may not have been enough to convince them. Realize that assets must be “sellable” within 1 year and things like houses, personal property, etc. cause hardships if sold. Hence, sometimes consulates don’t consider them as assets.
Your option may be to get a different cosponsor who can accommodate your household size.
-Prem
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.
Hello Moises,
If your stepfather is going to be the sponsor, he’s the one filling out the form. Only one form is required: the one prepared by your stepfather.
Proving citizenship is done by various means. One is showing your passport copy.
You should also understand domicile requirements. This is going to help you:
https://www.visatutor.com/k-1-visa-i-134-domicile-requirements/
-Cris (Visa Tutor Team)
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!
Hello Crystal,
It’s advisable to present your tax return transcripts. However, if you can prove by other means that your income is enough, you’re good then.
You may visit some of the blog posts that cover this subject for more input.
-Cris (Visa Tutor Team)
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.
Hey Zico,
If you’ve compared the correct household size to the 100% limit, then you’re probably going to be accepted. However, keep in mind that the “totality of circumstances” may mean the officer wants to see some additional income. Is there anything you can think of that would require this — old age? retirement? disability? no prospect of stable income? etc. etc.
-Prem
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.
Hey Tonie,
That’s a very good question. And quite honestly, you’ve answered it yourself. The reason you’ve given for not being able to meet family is because they’re scattered all over the world and cannot meet at one point until the wedding. To me that’s a decent response to give to the officer in case he/she asks why you haven’t met the extended family (which may be crucial for your beneficiary’s culture).
To me, the officer isn’t looking for an extraordinary response. The truth is always the right answer.
You can compensate by saying that you’ve talked to them via phone, video calls, and texting.
-Prem
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?
Hey Mike,
Family involvement in your relationship is usually ideal. However, that’s not to say that you cannot be approved unless your family approves of your relationship. For particular cultures, it becomes an important component in the calculation. In others, it doesn’t. What makes the topic even more relevant is if your case has several red flags in addition.
I absolutely admit that in many interviews, the officer cares very little about any of this. And in these cases they only care about the genuineness of your own relationship. In other cases, it may be the biggest sticking point in the conversation as to WHY family isn’t involved/approved.
If you feel you have a good response to all these questions/concerns, then you mustn’t worry much about it. The ultimate deciding factor in all of this is present solid proof of a bona fide relationship.
-Prem
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.
Thanks for sharing Tonie. Indeed, it’s a big headache. The I-134 is a very involved form and bunch of documents. I think it’s similar to the I-129F (though not nearly as critical). I compare it to the I-129F because the I-134 itself is a form, supporting documents, bunch of requirements and so on. That’s just how the I-129F was.
Good luck with the interview. Keep in touch with the progress.
-Prem