Fiance(e) K-1 visa – Form I-134 Affidavit of Support
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The Affidavit of Support Form I-134 for the K-1 visa helps show how the US petitioner will financially support the foreign fiance(e). It’s submitted during the Fiance(e) K-1 visa interview by the applicant along with all supporting documents.
Not meeting/showing enough income (or proper financial paperwork) is one of the leading causes of denials at the K-1 visa interview. Make sure you don’t get denied or delayed. Read below to understand how to properly prepare it.
Do you know how to meet these income/financial requirements?
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There are generally three (3) ways to meet the minimum requirements in order to overcome the “public charge” criteria:
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- The US Petitioner has enough household income. The US Petitioner has enough annual income (as compared to the I-1864p) to sufficiently support the foreign fiance(e) and any children.1
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- The US Petitioner uses “assets” to make up the difference. The US Petitioner does NOT have enough annual income to sufficiently support the foreign fiance(e) and any children. You then have to use any assets to “make up the difference” between your income and the minimum.2
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- The US Petitioner uses a Joint Sponsor. The US Petitioner does not have enough income or assets to meet the minimum financial requirements. A Joint Sponsor who has enough income/financials will take responsibility and file the I-134 on the US petitioner’s behalf.3
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Why submit the I-134 at the K-1 interview?
The US government want’s to make sure that the foreign fiance(e) will not become a “public charge”. That means the US petitioner must make enough income (or have enough assets) to financially provide for his/her immigrating fiance(e).
Here is a list of the common reasons for denial at visa interviews. Notice that if you don’t “demonstrate proof of adequate financial support” you may be denied under 212(a)(4).
The US Embassies don’t specifically require you to submit form I-134 at the interview. However, you should consider the form I-134 (Affidavit of Support) a requirement. It’s the most common and practical way to prove your fiance(e) won’t become a “public charge”.
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Above is an example of instructions requesting a form I-134 from the United Kingdom (UK) Embassy. Notice it says that an I-134 is an “efficient way to provide” this information. It’s not necessarily the only way to.
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Form I-134 Affidavit of Support – Instructions
You can download the latest form I-134 and the I-134 instructions at the USCIS website. It briefly describes how and what to submit. It’s not necessary to notarize the I-134 Affidavit of Support in order to apply for a K-1 fiance(e) visa.
If you have questions on what you submit along with your I-134, review the I-864 instructions. The I-864 is the Affidavit of Support filed when a foreign fiance(e) applies for a Green Card after marriage (with I-485). Generally, similar requirements apply for both forms.
*Please note: although there are many similarities in the I-864 and I-134, there are some major differences as well. Not all requirements of the I-864 apply to the I-134 (for example: the 125% income versus 100%).
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Steps to file the Affidavit of Support (I-134)
Follow the steps below to properly prepare your Affidavit of Support for the K-1 fiance(e) visa. You will submit these documents in a package at your K-1 interview.
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- Download the latest forms + instructions. The US Petitioner (or joint sponsor) downloads the latest Form I-134 and I-134 Instructions from the USCIS website. Make sure not to have expired/outdated forms.1
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- Check Embassy’s website. Check the US Embassy’s website of the fiance(e)’s country on specific instructions for the I-134. Some Embassies may have specific requirements. For example, some Embassies prohibit using joint sponsors. While others require you to file the I-134 even if you’re using a joint sponsor.2
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- FIll out I-134. The US petitioner (or joint sponsor) fills out the form I-134 following instructions I-134. You may have to consult the I-864 if you’re unclear on the specific instructions.3
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- Gather supporting documents. The US Petitioner (or joint sponsor) gathers and attaches supporting evidence:4
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- – Bank Statements (typically 12 months)
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- – Tax forms (1040) or IRS transcripts (if possible bring 3 years worth)
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- – W2 forms or 1099 forms (if possible bring 3 years worth)
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- – Employment Paystubs (typically the most- recent 3 months)
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- – Job Letter (Verification of Employment) from Employer
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- – Savings, Stocks, Bonds accounts showing market value and proof of ownership (only if you’re using assets to meet the minimum).
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- – Real Estate market value and proof of ownership (only if you’re using assets to meet the minimum).
- – Identification and proof of legal status (US Passport, Green Card, etc.)
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- *Note these documents are not required. But they are highly recommended to help prove your financial standing
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- Finalize and submit I-134 Packet. The US petitioner (or joint sponsor) will send an original I-134 package to the foreign fiance(e) to submit at the K-1 visa interview. Make sure to sign everything and include clear, legible photocopies.5
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K-1 Minimum Income requirements (Form I-864p)
The US petitioner needs to have certain minimum income in order to sponsor someone with a fiance(e) K-1 visa. The Affidavit of Support (I-134) uses the Federal “minimum poverty guideline” Form I-864p chart to compare your financials.
This chart is updated yearly with new dollar amounts. Review the I-864p to compare your income to understand if you meet the minimum.
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How to read the I-864p chart:
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- Determine “total” income. First determine your “total” income. Generally, you can read your Tax returns or IRS transcripts to find your “total” income. However, If you’re newly hired with a different gross salary, you will use that figure (support with a “job letter”).1
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- Determine “household size”. Then determine your “household size” as instructed by the I-134 instructions. This generally includes yourself, your fiance(e), his/her children and any of your dependents.2
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- Compare your income to the 100%. Compare the latest I-864p poverty limits with your gross income and household size. Ideally you should meet the 125% federal poverty limit. More importantly, you shouldn’t be on tested public benefits.3
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- Use Assets or Joint Sponsor. Compare your income. If you do not meet the minimum requirements, then you must use assets to “make up the difference” or use a joint sponsor to file on your behalf.4
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Assets to meet Income requirements (Form I-134)
The US petitioner may not be able to meet the minimum financial requirements using income. So, if the tax returns (or IRS transcripts) do not show enough income, you may use assets to “make up the difference”.
Assets that may be considered in connection with your Affidavit of Support (I-134):
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- 1. Banks accounts (savings), stocks, bonds, other cash deposits.
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- 1. Banks accounts (savings), stocks, bonds, other cash deposits.
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- 2. Real Estate – such as homes, property, etc. You must be able to prove ownership and market value.
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- 2. Real Estate – such as homes, property, etc. You must be able to prove ownership and market value.
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- 3. More…
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Two rules generally apply to assets
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- 1. The asset must be able to be sold in (1) one year. If need be, you must be able to sell this asset in less than 1 year for market value. Things that are difficult to sell (such as 401k) are not allowed for use in the Affidavit of Support.
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- 1. The asset must be able to be sold in (1) one year. If need be, you must be able to sell this asset in less than 1 year for market value. Things that are difficult to sell (such as 401k) are not allowed for use in the Affidavit of Support.
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- 2. Assets are only 1/5 of Net Value. This means the market value of the asset is only one-fifth of what’s considered. For example, if your home is valued at $100,000 with a mortgage of $50,000 then the Net value is $100,000 – $50,000 = $50,000. The usable NET VALUE for the Affidavit of Support (I-134) is $50,000/5 = $10,000.
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You may use this $10,000 to add to your “gross” income to “make up the difference” to reach the minimum.
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Using a Joint Sponsor in Affidavit of Support (Form I-134)
The Fiance(e) K-1 US petitioner may not be able to meet the minimum financial requirements using gross income. If the tax returns (or IRS transcripts) do not show enough income, you may use a joint sponsor. The Joint Sponsor effectively replaces the US Petitioner as the support.
In order to qualify to be a joint sponsor, he/she:
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- (1) must be over 18 years old
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- (2) have legal status in the US (citizen, Permanent Resident, etc.)
(3) not necessarily be related to Petitioner or Beneficiary
- (2) have legal status in the US (citizen, Permanent Resident, etc.)
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- (4) live in the US or have “domicile” here.
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- (5) must meet 100% with their own “household size” + beneficiary.
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The joint sponsor must file a separate I-134 and provide his/her own supporting documents. Bank statements, Tax returns, etc must be provided just as the instructions state.
You cannot combine your income with a joint sponsor to meet the difference with household members. A joint sponsor must be fully capable of supporting the foreign fiance(e) and his/her own household.
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K-1 visa denials: Not enough financial support
One of the leading causes of K-1 Fiance(e) visa denials are not showing enough financials/income. The foreign fiance(e) must have someone (preferably the US Petitioner or a joint sponsor) to take responsibility for their welfare.
You should not take a risk with this form and documents. Make sure to have enough income/assets to comfortably meet the K-1 visa minimum requirements. See my K-1 visa interview preparation tutorial which shows all about the Affidavit of Support (i-134).
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Hello Prem
What are the steps after my fiance arrives in the US when do we apply for adjustment of status does it have to be during 90 day period or before our one year anniversary
Thank u
Hello Jefferson,
We appreciate your message. The AOS can be done as soon as you get the marriage certificate. If you are able to do that within the 90 days, it’s great.
You may find it helpful to read my article here regarding the steps after entry into the US:
https://www.visatutor.com/my-fiance-entered-the-us-with-a-k-1-visa-whats-next/
If you have further questions, feel free to post them here.
-Prem
Hi Prem,
Would like to thank you for a very helpful blog.
My fiancee is a retired military, what documents he needs to provide to support the “Form I-134 Affidavit of Support” other than the following:
1) Income Tax Return
2) Bank Certificate
Thank you in advance?
Sincerely,
Shirley
Hey Shirley,
Glad you contacted us. We appreciate your message. It’s always important to make sure you’re doing the right thing while you still have time to fix anything that may not be in compliance with what the USCIS wants. So, I don’t know if you had the chance to go through our step by step article on the I-134, here it is:
https://www.visatutor.com/k-1-fiancee-visa-affidavit-support-form-134/
By reading this, you’ll be able to learn not only all the documents you must forward with your packet, but also how to assemble it.
-Prem
HI Prem,
me and my fiance are going to apply K1-visa ,we already prepared a form I-129F, Proof of citizenship, intent to marry,proof of relationship,me and my fiancé’s passport style photo , but we have a question about form I-134, do we need to send form I-134 to USCIS ?
because you said It’s submitted during the Fiance(e) K-1 visa interview by the applicant along with all supporting documents. so I’m a little confusing about should we send form I-134 to USCIS or not?
Thank you in advance and have a good day!
Yi-Ru
Hello Yi-Ru,
The I-134 Affidavit of Support is not required with the I-129F petition packet. You only need the I-134 prepared for the K visa interview. I suggest you download our I-129F checklist to make sure you’ve got all the correct documents and details in the packet without having to spend time and energy collecting documents you don’t need. Here’s the checklist: I-129F Petition Package Checklist
-Prem
Hello,
My question is the Embassy only asking for I-134 form is it okay if i only send pass two years of my W2 and pass two years of IRS transcripts as well as 12 months of bank statement and i copy of my passport is that going to be enough as proof of my income? Or should i send more stuff with I-134
Hello Dzemal,
The I-134 requires you to prove that you can financially support your fiance. There’s no set requirement of how many years of tax returns you must have. We recommend 3 years as that’s a good, stable length of time to show income and assets. But if your particular circumstances differ in terms of how much you can provide, then you must make the best of it. Also, read the full I-134 instructions for compliance. You will need proof of US citizenship, employment information, and so on. Feel free to jump into our private forum / course for an in-depth look at what exactly you’ll need.
-Prem
Good night Prem! Correcting the question: How much time do I have to adjust my status after performing my
civil wedding in the state of Florida?
Hello Richard,
There’s no set required time period to file the AOS after marriage. However, the best answer is as soon as possible. You can read the full details here https://www.visatutor.com/my-fiance-entered-the-us-with-a-k-1-visa-whats-next/
in general, you want to file your I-485 as soon as possible to start receiving some benefits.
-Prem
Hello Prem! The i 134 form should i fill out as a petitioner or my joint sponsor.
Because am not sure my income meets the rewuirement. Or is there two i 134 required one for me one for joint sponsor?
Hello Rich,
If you’re using a joint sponsor, typically you won’t have to fill out the i-134 by yourself. Only the joint sponsor will have to fill it out and submit their documents. However, that’s not always the case as some Consulates prefer to see both the US petitioner and joint sponsor fill out their i-134 and submit it. You will have to contact the consulate and directly ask or check their website. Please come back and let us know what you find!
-Prem
Hi Prem,
I have a question regarding support documents for I-134. Back in August, I received a notification that case for my fiancée was being transferred to an embassy abroad. While waiting for the NVC documents to arrive at the embassy and eventually get the interview date. I organized and sent all of the support documents along with I-134 to my fiancée in Sept. The interview has been set for Dec. 1, but will I need to resend some of the documents again?
W-2 – no issues
Tax Returns – no issues
Employment letter – signed in mid-Sept.
Bank letters/statements- signed in mid-sept.
Pay Stubs – they are from July, August and Sept.
I-134 was filled out and signed in mid-Sept.
K1 visa application – filled out and submitted in mid-sept.
Are the documents from mid-Sept sufficient or do I need to resend any of these items again with a recent date? Is the k1 application still valid? I know the bank documents are only needed if income is low, but I’d still like to send them just in case.
Thanks for the help!
Thank you,
Amir
Hello Amir,
Thanks for getting in touch. I understand you sent paperwork to your fiance earlier and you’re fearing they might have “expired” to a certain extent. The consulates usually don’t say when documents like that “expire”. However, from experience and research, we found out that it’s usually best to have documents no older than 6 months unless the consulate specifically says otherwise. For those other documents which are not affected, like the W2 forms, you can keep the same. Hope this helps!
-Prem
Hi Prem,
We have two K2’s on our K1 Visa petition and are heading into our embassy interview next week. Do you know if we need a separate I-134F for each kid? There are spots on the form for the K2’s information, so it seems that would not be necessary, but I have heard recently that it is. We were also told only one year’s tax information if enough, 2018, but now I’m hearing three years transcripts, 1040’s, and W2’s should be included with the I-134F. True or not?
Thanks for help!!
Steve
Hey Steve,
looking through the I-134 AOS instructions, you see that they ask for separate forms for each applicant. However, children of the beneficiary can be put into one I-134.
In terms of the tax returns, 3 years worth aren’t required but they’re recommended. At least one year of tax returns is required.
The reason some people recommend 3 years worth is to show a “stable trend” of good income over the course of years. I explain all of this in detail in my K-1 visa interview course. You’re welcome to join our private forum + courses if you want to make sure you’re filling out the I-134 correctly.
-Prem
Hi Prem
My situation is a little bit complicated. I’m an US citizen, however i have never lived in the USA and never filled any taxes.I didn’t even have a SSN. I finally came to the US last month, to study and work. I have found a part-time job with around 17000$ annualy income. My questions are : Do i meet income requierements ? I don’t have any tax returns or tax transcripts, will that be a problem ? Should i file the petition for K-1 now, and submit at the interview my 8-9 months proof of income (i don’t know which documents i have to send), will that be enough ? I don’t have any valuable assets, but my father helped me and sent to me some money, can i use my bank statements to show that i’am able to support ?
Sorry for the many questions. I’m very lost with all these informations and i can’t find a joint sponsor.
Hi Anis,
Whether or not you have enough income depends on a number of things including your household size. So, we can’t just tell you off the bat whether or not you make enough to be eligible as a sponsor.
Most of the time, sponsors for the i-134 must show tax returns. If you haven’t filed any, you may show this year’s proof of income. See my other page regarding the problems of the I-134.
Your Affidavit of Support is required at the interview, not with the I-129F.
Regarding having a job or not, please read this in detail here: https://www.visatutor.com/do-i-need-a-job-to-file-for-a-k-1-visa/
I understand the confusion. Please try to read up on the material as much as possible. That’s the only way to make sure you’ll be prepared.
-Prem
Hi Prem!
My fiance has his own business for one year, he met the financial requirement but we still want his dad to show up as a joint sponsor (his Dad is a retired principal) since he has much more finance than us and we think this can strengthen our case with the new regulation related public charge. So this means we have to file 2 file of I134 (one for him and one for his dad)? Moreover, I have my own English classes at home and make good money, should I show ny income or financial situation together in the I134 Packet?
Thank you so much 😀
Hello Yen,
Generally the one who is the sponsor fills out the I-134. You don’t need to fill extra ones out.
As per your own income, that’s up to the discretion of the consular officer. As per the newer public charge rules (since October 15, 2019) the beneficiary may show assets or income to help with the finances. But this is an extremely uncertain time period. The rule has just been implemented and we have yet to see if the consulate will enforce these rules or stick with the older ones. Time will tell. But for now, assume that the beneficiary will not be able to contribute anything meaningful.
-Prem
Hello Prem,
Thanks for your web site it has been my tool guide in this process.
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 sent me an email on October 9 (1 day ago) 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 account, 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.
Sincerely,
Moises
Hello Moises,
if your stepfather is going to to be the sponsor, he’s the one filling out the form. Only one form is required (generally). Proving citizenship is done by various methods one of which is showing a copy of your US passport. You should, in addition, should understand the domicile requirements.
-Prem
Hi,
question.. for I-134 form, what should i write in the end about how I intend to be supporting my fiance? I plan on supporting him 100percent, I’m just wondering how to write it in a way so that my form meets all requirements.
Thank you
Amarjeet
Ms Amarjeet,
That’s a common question about the “intent to support”. As you may have seen in several previous comments, this question doesn’t apply to K visa applicants. You may choose either option without adverse effect on your I-134.
-Prem
Hello Prem,
first of all thanks for your responses. I have got my yellow visa packet. But i have one last question to you. i have submitted some of my original documents during my interview and they returned all my documents accept my original police clearance certificate. Now my question is it included in that yellow packet or is it lost in the embassy. i tried to contact embassy but i couldn’t. i have flight in few days. Pls response
Hey Samia,
Most of the time the documents aren’t returned to you. You did get your medical packet back, right? that’s the only document they should mail back along with your passport when you’re approved. They should’ve returned the originals back to you.
-Prem
Hey Prem,
My interview was yesterday and my application is Thankfully approved for k1 visa. i checked my visa status in http://www.ceac.state.gov and this is what i found
Application received: Your case is open and ready for your interview, fingerprints, and required documents. If you have already had your interview, please check your status after two business days. If no interview was required, please check back in two business days for the status of your application.
i dont understand this…is it gonna go through further administrative processing or gonna be issued in next 2 business days? this whole processing time for k1 visa been stressful for both my fiance and me and i was feeling relieved yesterday but saw this msg today and started panicking lol
can you help me what this message really mean?
Hello Samia,
Congratulations on the approval. When an applicant is approved, the CEAC status may take some before it’s updated. After all, the consulate has to update a bunch of other cases, too. So, you may not see a change (or accurate) status for some days after the interview. This is completely normal. I wouldn’t be concerned if I were you. It sounds like you’re approved without a problem and you will be contacted when they’re ready to place the visa and return the packet to you.
-Prem
Hello
My fiancé never worked before and now she have an income 31.200 $ / Years and she pay taxes now she have only one taxes return of january 2019 , she will have a bank account + credit card and she have tow old child living with her and they works , what must she do for she can apply for the fill out the I-134
Im Tunisian and i want know all the paperwork she need to send me before the interview , Thanks
Hello Manef,
It’s not mandatory to have tax returns or transcripts. If she recently started working she may present other evidence to show she earns enough to overcome the poverty limits. You’re free to browse my website on exactly how to do that. For faster and direct explanations on how this works, you two can join our K-1 visa interview course for preparation on the I-134.
-Prem
HI Prem! I am here to bother you again with my questions!! My fiancé is scheduled for an interview on October 4 but I was doing more research and read in some areas that a letter is required from your bank stating information about when the account was opened. Is this true? Also, I requested for my tax transcripts but it has been a few weeks and I have not gotten them and am worried I will not receive them on time for his interview. Are the tax transcripts and bank statements required if I send my W2 or bank statements from last month? Thank you in advance, as always!!!!!! 🙂
Hi Schweta,
A letter or statement from the bank is not absolutely required. In fact, you only need it if you’re using assets to make up the difference between your income and the household member minimum poverty limits (as per the I864p). But nonetheless, you can include the bank statements and it will not harm your K visa interview. In my experience, you don’t need a specific letter from the bank, as a simple statement printout will do if you’re not using bank statements as assets.
Regarding tax transcripts: you can get those easily online, download them, and print it out from the IRS website.
Also, your tax returns/transcripts are required even with w2 forms and bank statements. You can see my K visa interview preparation course for all the specifics on the questions you just asked.
-Prem
Hi Prem,
my fiance sent me his financial packet where he sent me 1040 of 2018, 2017 and 2016. but somehow he missed w2 of 2017. is it gonna be a problem for the interview? also he sent employment letter but no pay stubs
my interview is in a week…can he send missing documents via email? or if not necessary can i go with all the other documents i have in hand? i dont want to get denied 🙁
a prompt ans would be appreciated and thank you
Samia
Hi Samia,
I don’t know the specifics of your case so I cannot say whether or not your documents are enough. But to answer your question, yes, you may send your paperwork electronically to each other, then print it out for the interview.
-Prem
I am filling the I-134 form for K1 visa and am baffled by requirement to submit statement frommy banks as to when my account was opened and how many deposits were made during the last yeat. I have contacted my 4 major banks, Chase, Citi, Wells Fargo,and Bank of America.
ONLY Chase was able to print off dposits to my accounts, Wells Fargo and Bank America said they could do nothing for me, only print me last year full statements. Citi has an online tool but when I print, it does not give even the Bank name on top.
What shall I do ?
Hi Prem, thank you for putting this website together.
My question is: on the Immigration website, it says you must obtain a signature on your bank statements from a financial officer. Most of my assets are held with online-only financial institutions (i.e. Wealthfront, not sure if you’ve heard of it?). There are plenty of official looking statements I can obtain, but not so sure about a signature? Also, if it helps, my income is very comfortably above the poverty line, but just want to be extra thorough.
Hello Chris,
That’s a good observation that you’ve made. I know the I-134 instructions ask for signatures from the bank institutes to explain how much your balance is and all the details. However, in our experience, and our students’, officers generally don’t ask for that sort of stuff. It’s usually enough just to show a simple printout of your bank statements spanning several months. For help on the specifics on how to do that, you can look into our K visa preparation course.
-Prem
My fiance stated a new job last August but did work for 3 years and didn’t have any tax return and w2, right now she is working with just one one recent tax return. What should we do. Our joint sponsor pulled out. What do we do?
Hello Uonny,
You’re not required to have 3 years of tax returns. That’s only a recommended time limit, but it’s not a requirement. It makes sense because not everyone has 3 years worth of work history. So, you will submit as much as you can and it’s acceptable as long as you prepare your I-134 correctly.
-Prem
Hi Prem,
I am a USC who recently moved here in LA to start a new life. At the moment my partner and our 2 children are in the Philippines. I was able to have a regular job with benefits since June 2019.
I do intend of filing a K1 visa for her and K2 visas for our children.
I have also documented everything that the K1 visa application requires except for the affidavit of support.
I currently live with my sister, who has a very good source of income and will be my co sponsor because of my current situation.
Here are my questions:
1. Will me and my sister have to fill out the I-134 Form for each of my intended beneficiary that being my partner and our 2 children? Which means three I-134 forms prepared by me and my sister intended for my partner and 2 kids.
2. Considering I was only recently hired, can I just show bank statements, my pay stub, my offer letter regarding details of my job at work, in lieu of the W2, which I have yet to have because I only worked here in the US recently. I did get a considerable amount of money from my early retirement in government service in the Philippines and I have documents that indicates the amount of money I will be receiving. I also was able to purchase a car here, dunno if that could be used as a form of asset.
This is of course only on my end, my sister however can supply the requirements needed from her as a joint sponsor.
I did find out that the US embassy in Manila doesn’t accept join sponsorship for K1 visa, but I am hopeful that the consulate/immigration officer sees the totality of our situation.
Hi Prem!
First of all, I wanna thank you for the wealth of information you provide in your blog. I am in the process of filling out I-134 affidavit support for my fiancé and she is waiting for her interview date. The form asks if I submitted affidavit support and Visa Petition in the past. I had an .I-130 denial 10 years ago for my ex wife. Do I need to put her name on my K- 1 visa since I had previously filed I-130?
my ex was denied visa 10 years ago at the interview due to lack of proof to show bona fide relationship. once she got denied I appealed for her in U.S but still did not get approved. At that point, we both gave up due to frustration and the denial itself but did not file a divorce at the country we got married. Fast forward 10 yrs, I met my fiancé online, I applied K 1 visa a year ago after I finalized my divorce from the country I got marred to my ex.
How is this going to impact me and should I write a letter explain why it took me this long to file a divorce after 10 years has past since the denial for my ex.
The other question I have is , I claim my mom as a dependent but she also get some assistant from her siblings even though I support her for the majority. Can I fill out the affidavit as partially supporting her or it needs be fully since I claim her on my tax?
thank you and I appreciate all your help.
Hi Prem,
Thanks for the article! So I send my I-134 off with my fiance and he takes it to the interview. Do I also send him off with my pay stubs, W2s, IRS forms, etc.? Does any of this stuff need to be submitted anywhere online to the NVC, or does my fiance just need to take it in his hands into the interview? Thanks!
Hi Maddy,
Your fiance needs to physically bring the I-134 packet to the interview. He must also bring along the supporting documents you send him.
-Prem
Hello,
I received an email from NVC that my fiance’s paperwork is being sent to the UK for processing. In preparation, I am getting conflicting messages. Do I fill out the I-134 or I-864?
Hello Omobonike,
For the fiance visa, you complete the I-134 and have your fiance take it to the K-1 visa interview. The reason you’re being confused is because the spousal visa requires the I-864 during the NVC phase. Many Embassies join the instructions together for the K-1 and CR-1/IR-1 and it leads to confusion. In short, for fiance visas, you only need the I-134 for the K visa interview.
-Prem
Hi Prem! My Fiance’s k-1 visa was denied due to my income not meeting the requirement (the majority of my income isn’t taxable), she was asked to submit I-864 from a joint sponsor and I-1864a is also requested, but the instruction for I-1864a states that it’s only used if the income from I-864 is not sufficient, in this case, it definitely IS sufficient.
Do I still need to submit the I-864a??
Thank you in advance!!
JC
Hello JC,
Sorry to hear about the denial. It sounds like it was a 221(g) request for more evidence. However, why did they ask you for the I-864? they should’ve asked for the I-134. Are you sure you’re not misinterpreting their instructions?
-Prem
Hey! My US fiancé and i are buying a house. The sale will close a week after my interview. We haven’t included the house on the i134 form. Do we need to? He meets income requirements with his salary alone. Are we withholding information if we don’t disclose he will soon have a mortgage?
Hey Heather,
If his income is sufficient, there’s no need to include assets. Assets (such as homes) are only required if he doesn’t make enough with his income alone and needs to “make up the difference”. And, besides, the sale will be after the interview, so it won’t county anyway.
If you’d like to read more, see here: My Top 5 tips for the I-134 in your Fiance K-1 visa
-Prem
Hello Prem! First, congratulations to the site! My situation is as follows. My fiancee is in the United States, I have two daughters with her who are US citizens, she sent me the package a few days ago through correspondence. It did not arrive yet. But in the meantime, she was fired, we have no other person to be my Sponsor. Do you believe that if I submit the documents sent by her, is there any risk of my visa being denied? The documents are all shipped regarding i134, my interview will be in one month. Thank you very much in advance!
Ricardo,
The I-134 is meant for the most-current and up to date situation for the person who is sponsoring. You will find all the details spelled out here:
https://www.visatutor.com/do-i-need-a-job-to-file-for-a-k-1-visa/
Take a look here. It will discuss your options now that your fiance is currently out of work.
-Prem
Hello,
I hope you can help me…I’m filling out I-134 for my fiancé’s interview. Do I need to list my ex-husband on Part 3 22a (previously submitted affidavits of support) and 26a (submitted a visa petition on behalf of the following persons)? He also came here on a K1 visa 10 years ago and we are divorced.
Thank you!
Laurie
Hello Laurie,
For Part 3, question 22, it asks if you’ve “sponsored” anyone in the past. Sponsor, in terms of the USCIS, means submitting an affidavit of Support for someone. This means if you’ve submitted a previous I-134 or I-864, then it counts. However, there’s a limit for that: (1) if the beneficiary became a US citizen (2) has lost legal status in the US (3) has died (4) or if enough time has elapsed with qualifying work quarters (usually 10 years) since sponsoring.
You mention that your beneficiary (ex spouse) was sponsored more than 10 years ago. Keep in mind the “sponsorship” also applies to the I-864 as well during adjustment of status. So, you should answer accordingly.
Question 26a asks if you’ve “petitioned” for anyone. “Petitioned” means having sent an immigrant visa petition for someone. In this case, your ex spouse counts because you petitioned him for the K-1 visa. There’s no time limit on this question like there was for the previous one.
Hope this answers your question.
-Prem
Hello,
My Fiancee has her appointment on Monday, but when we submitted the I-129f, I did not complete I-134. Will she need that form when she is being interviewed, and also my Tax Transcripts? A prompt answer would be appreciated and thank you.
Juan,
yes the I-134 is required during the K visa interview. It is not required with the first I-129F petition.
Yes, part of the I-134 packet is to bring tax documents along with a list of other requirements.
-Prem
Hi Prem,
I am currently filling out the I-134 for my fiance who lives in Ireland. I am a little anxious about my situation and was wondering if you could answer a question for me. I just graduated from nursing school and passed my NCLEX, I do have a job that I will be starting in July. I currently (according to my tax return) do not make the income needed, but will once I start my job. I am going to get a letter from my job with the information on the USCIS website, but will this really be enough to prove my ability to support? Do I put the annual income that I made in 2018 according to my tax form or can I put the amount that is on the letter I get from my job?
Thanks!
Hello Haley,
Thanks for writing. Yes, it’s quite common for people to get hired, fired, promoted, retired, etc. while the process is going on. I also had the same situation you’ve got. I worked partially over the year while I sponsored my fiance with “half” my actual income. It was scary to go in with half the tax return and a employment verification letter. But it worked.
You’ll find that the US laws actually talk specifically about the situation where someone gets newly hired and what exactly is required from them to show enough to overcome public charge. You will find the answers here:
see # 3 here:
https://www.visatutor.com/my-top-5-tips-for-the-i-134-in-your-fiance-k-1-visa/
And also here:
https://www.visatutor.com/4-problems-of-the-i-134-aos-that-lead-to-k-1-visa-denials/
If you’d like more in-depth help and explanations including how to actually prepare the I-134 correctly for your particular situation so it doesn’t get your case in trouble, I suggest you take a look at my K-1 visa interview course. I’ve personally guided many students with the same exact situation as yours.
-Prem
Hello, I am a US citizen petitioning for my fiance that lives in Australia, we were recently approved for an interview. Now I am supposed to fill out the I134. I worked the years of 2012-2017 , I stopped working on 2018, and now on 2019 I am working again and making 19,200$ as gross. My question is, I am 1000$ under the 100% poverty line, but I have 3 cars under my name that have a value of about 30,000 and some personal belongings that value about 10,000$. Can I use these to make up the difference? Also , if I can not find a sponsor what are my options? And do USCIS strictly need 2018 tax return? Or do they take in consideration that I only stopped working for only one year and now I am working but part time because I am a student?
Hi, We are getting ready for the K-1 interview in Guangzhou. I am preparing the Form I-134 for her to take to the interview. I retired in June last year, and my W-2 only has 1/2 year of income. But even with that and Social Security I have enough income.
My income now is Social Security and monthly withdrawals from my 401-K accounts. Is that a problem? I have a very comfortable amount in my 401-K accounts, and one that is a guaranteed annuity that will start in 10 years. I was a little concerned about a previous comment about not considering 401-K.
Thanks!
Hello Doug,
Income that comes from SS and 401k are absolutely fine to use for your I-134. Do you have 1099D or another form to prove that you get this income? If so, that’s fine.
The concern you have regarding the 401K is only for those who aren’t retired but want to use the funds from the 401K as an asset in case the individual doesn’t make enough income. That’s if you’re younger than retirement age. For those over retirement age, the 401K and SS are obviously a source of income that don’t result in penalties. Hope this makes sense!
Your guaranteed annuity is good as a backup and probably can be used as an “asset” even though it’s not technically one.
-Prem
Thank you for your wonderfully helpful website. My fiance and I submitted the I-129F in February 2019; whilst waiting for it to be processed, I’m now getting up to speed on the eventual next steps.
In preparing for the interview, the only thing I’m really not clear on is the I-134 Affidavit of Support. My U.S. citizen fiance and I currently live in Asia and will be moving to the U.S. for her to study for 2 years, hence she will have no income and minimal assets. I meanwhile will have no income, but a sizable liquid asset base. Assuming this is a plentiful amount, do you have any thoughts on whether at the interview, I could simply show my assets (bank account balances and stocks) instead of the I-134?
I realize there may not be a clear cut answer but it’s good to get other another person’s opinion.
Hello Adam,
It’s tough to give an answer like that without deeply knowing your case. However, if you’re asking whether you can be approved by only showing assets on the I-134, then technically yes. In addition, are you the beneficiary? then it’s possible they may not even consider your assets usable for the I-134. The other thing you have to remember is about domicile requirements. You say your fiance and you are living outside the US, keep the domicile requirements in mind.
-Prem
Hello, I have a couple of questions about the k visa process at the embassy:
1. I sponsored someone 2 years ago with a I 134(100% of poverty guidelines), now if I wanna sponsor a second person requiring an I 134 (requiring 125% of poverty guidelines), how much should be my income for me to be able to sponsor that second person without any co-sponsor, help please. how will that be calculated?
Hey there! I am the petitioner for the K1 Visa. Does a joint sponsor have to submit any other forms besides the I-134? Also, even though I am using a joint sponsor, am I, the petitioner, still required to submit the I-134 as well?
Hey Devin,
if you’ve read the Joint sponsor (I-134) article, it explains how each sponsor (even a joint sponsor) is required to fill out the I-134 and submit their supporting documents.
In many situations, the US primary petitioner is required to submit the I-134 even if he/she isn’t the primary sponsor (I-134). That’s based on each Embassy’s policy. You will have to contact or email them to find out if it’s required for your particular case.
-Prem
The instructions for the I-134 form say I should “Submit in duplicate evidence of income and resources, as appropriate”. Does this mean two copies of everything? Or one copy of the originals? Is an original and a copy acceptable? I only got one Statement from an officer of my bank, and that took me a month to get from them.
Joshua,
That means a copy. Not original.
-Prem
Hello! I have a quick question. My fiance is from Jordan & we were recently approved. For the Affidavit of support, do we need to provide the bank statements if we meet the criteria for financial support? Or will the employment letter, tax transcripts, paytubs, & w-2s be sufficient? or what do you recommend?
Hey Crystal,
That’s a very common question. Most people only need the Tax returns and W2 forms. If you’re using assets to make up the minimum, then you use bank statements, etc. If you just newly joined a job, then you use an employment verification letter to show that you’re currently employed.
There’s a bunch of different scenarios of when the documents are required. However, as a general rule, I suggest people include the following: tax returns, w2 forms, 6 months bank statements, an employment letter, to show that you currently have good financials.
You can find more details by reading the different i-134 blog posts I have. https://www.visatutor.com/?s=I-134
-Prem
Hello Prem,
Is there a requirement on ideal amount of money saved for form I-134 if the sponsor makes 3 times or more the limit in income?
Hello Christina,
As long as you’re over the 100% (ideally over 125%) of the minimum, and you have the correct income for the # of household members, it doesn’t matter if you have 2x or 20x more than that. But yes, there is such a thing as “totality of circumstances” which is a law that says that the officer may see some issues in a case which may require some additional income / assets regardless of what the numbers show. That’s in rare cases where they think you have some major future expense that you may not be able to support.
-Prem
Thank you so much for your quick response always. I will take to your advice and go with the complete package of i-134 to the interview. God bless you
Thanks a lot for the clarification of the two affidavit of support. My question now is that will it be a problem if my fiance sent the i-134 directly to the embassy a week before my interview? Or is a must that I should go with it. Thank you for your time always.
Hi Eddy,
I’ve never heard of anyone sending the I-134 directly to the Embassy before the interview. I would advise you bring the I-134 complete packet to the K visa interview on the day. I’m not sure where she mailed a copy of it.
-Prem
Hello, thank you for your help always. Please to need to understand something clear here, my fiance is confusing the whole thing that we do not need to submit the form i-134 for fiance interview only during the adjustment of status we will be required to file form i-864. Please I hope it won’t be a problem if I don’t take it with me to the interview. Thank you always for your help
Hello Eddy,
The I-134 is required during the fiance visa interview. The I-864 is only required during the Adjustment of Status. It’s easy to confuse the two. Just be clear not to bring the wrong one to the interview.
-Prem
Hello!
So I will be petitioning for my fiance, however he is the one with the better income/savings. I am a student and am not even close to the requirements for income. Can the beneficiary prove they have enough savings to come over or should I look into a sponsor for when the interview comes around?
Hello Tatum,
The US Embassy technically allows the beneficiary to use assets to help with the I-134 Affidavit of Support. But this is all a gray area. The rules/regulations allow that Consular Officers can interpret the assets any way they want. They may accept your beneficiary as being a usable joint sponsor for assets. OR they may reject that your beneficiary can use his assets, however good the assets may be.
In my opinion, it’s best not to rely on the hopes that the officers will accept the beneficiary’s income, property, or assets. Instead, it’s usually better to have a joint sponsor. What do you think?
-Prem
Hi Prem,
My embassy is asking for following things along with the affidavit (I-134)from my fiancé for the interview:
– most recent tax returns with supporting W-2 form(s)
– IRS-issued proof of payment showing taxes were paid
– current employment letter(s)
– pay stubs
– and/or relevant bank statements
Shouldn’t copy of form 1040 filed be enough as a IRS issued proof?
Also, the embassy is asking for police certificate from Police certificates are required for “each country in which the applicant resided for one year or more (after the age of 16) and for the country in which the applicant resided for
the last six months (if it is not the country of the applicant’s nationality). Police certificates must cover the entire period of an applicant’s residence in each country and must show the applicant’s full record, including any/all arrests, the reasons for the arrests and the disposition of every case. ” I have already acquired it from my country of nationality, but do I need to get one from US as well since I have lived there for couple of years under H1-B visa? I am confused. Any suggestions will be helpful.
Hi Pem! Found your website very helpful, just need your advice!
My boyfriend is US citizen, but has dual citizenship here in the Philippines, which is where we both currently reside. He has never been in the US. He is currently processing his USMLE, in order to start his residency training as a physician in the US. Once he is “placed” (assigned to a hospital), he will start his residency training, which also includes income.
My questions are:
– How early can we file for the K-1 VISA? Will a few months’ worth of salary (although his salary will be relatively high — doctor’s rate without student loans) be sufficient?
– If it will take longer than a year, can I visit him on my B1/B2 visa? I intend to do this, maybe for a month, if this will be the case. I’m just worried that the immigration officer might think that I will overstay and wait for my k-1 visa to come out.
– And if we need to supply information about our assets, can we file them even if the assets are here in the Philippines? We intend to save cash (tentative date of residency is 2020/2021) for this purpose.
Thank you so much, would appreciate your reply!
Hi Prem, thank you for your helpful service! I have a couple of questions about filling out the I-134 for the K-1 visa. First, some quick background:
I was once married to a Brazilian and we went through the IR-1 process. She was approved and entered the US in 2015. I, of course, had to submit an Affidavit Of Support for her at that time. I understand that as the petitioner, we’re “on the hook” for 10 years unless they get citizenship or leave the country.
Fast forward to today. I’m filing out the I-134 and am wondering about a couple of things on there…
1. Dependent’s Information
Do I need to list my ex-wife here even though we’re obviously divorced, live apart and she’s working? Our divorce decree had no spousal support requirements/obligations and I do not support her financially.
2. I have previously submitted affidavit(s) of support for the following person(s)
I assume I need to list the ex-wife here?
3. I have submitted a visa petition to USCIS on behalf of the following persons.
Once again, I need to list the ex here?
4. Part 3, #38 – I intend/do not intend to make specific contributions to the support of the person named in Part 2.
Part 2 is naming my beneficiary fiance, so I’m confused about this question.
I hope my questions make sense, and if they don’t please let me know so I can help clarify. Any help is appreciated!
Hey Chris,
1. Dependents are not necessarily those people counted in your “household size”. Your ex spouse is part of your “household” size assuming she’s still within the 10-year limit, hasn’t become a US citizen yet, hasn’t left the country, or hasn’t been deceased. If these things apply to her then she’s part of your household size. She’s not a dependents unless she’s claimed on your tax returns. From what you’ve told me, she doesn’t need to be listed as a dependent.
2. YES, your ex spouse will be listed here.
3. YES, your ex spouse will be listed here.
4. Ignore this as it doesn’t apply to K visa applicants. You may choose either option and it’ll be acceptable.
-Prem
Hi Prem,
received USCIS approval and letter from NVC. Currently filling out the paperwork for the interview process but confused about the affidavit of support. One part of their site says it’s not needed for the K1 visa:
“If your relative is either a K-1 fiancé(e), a K-3 spouse, or a K-2 or K-4 child of fiancé(e) or spouse, you do not need to submit an affidavit of support at the time you file your Form I-129F petition. Instead, you should submit an affidavit of support at the time that your fiancé(e), spouse, or child adjusts status to permanent resident after coming to the United States.”
But you are saying it’s form I-134 and is required.
Hey Catriona,
It can get confusing easily. In short you only need the I-134 Affidavit of Support for the K-1 visa interview at the US Embassy. You do not need it with your I-129F or with adjustment of status. The “affidavit of support” the NVC instructions is referring to is the I-864 which is required once you marry and adjust status. It’s just a misunderstanding with the name of “affidavit of support”. Both forms i-134 and I-864 are called the same.
Remember, the I-134 is required for the interview. The I-864 is required for the adjustment of status.
-Prem
Hi there,
Your website is very useful! Keep up the good work..
My fiance the US citizen has filed a petition for the K-1 visa. We are on our third month mark since getting NOA1 and still waiting on NOA2. We would like to prepare ahead of time and have the I-134 form and all supporting documents ready.
Under the “Dependent’s Information” part in the I-134 Affidavit of Support form, does my fiance the sponsor (petitioner) has to list me (beneficiary) as his dependent at this point? Other than this he has no children or any other dependents.
Hello Raz,
The beneficiary is currently not a dependent on the petitioner. So, the fiance isn’t listed there under “dependents”. That’s because in order to be a dependent, you must either be listed on the tax return OR you must have submitted an I-864 on their behalf in the past. Neither are usually true for fiance visa applicants, therefore for most (and your) cases you will not list the beneficiary as a dependent.
More and full information can be found in my K-1 visa interview course. https://visatutor.thinkific.com/courses/k-1-visa-interview-course
-Prem
Hello!
I had a few questions.
For the part about my annual income should we include bonuses? I ask because the amount of money I made in 2018 includes bonuses from my job so my W-2 will have this information but I actually earn less than that.
For the part about “Value of my other personal property” does this mean what we think all of the property we own is worth?
After question 25 it says “I have submitted a visa petition(s) to U.S. Citizenship and Immigration Services on behalf o f the following persons. (If none, write “none” in the space for the name below.)” do I put my fiancees information there?
Thanks!
Hey Ben,
Bonuses may be included if they are repeating (roughly) every year. Do they show up in your W2 forms? In most cases you can use bonuses, in some cases you can’t. The big picture is about showing stability.
The “value of property” is only required if you’re using personal assets to make up the shortcoming between your income and the minimum required from the I-864p poverty limits. Are you planning on using assets? if so, then you may use this option. If not, then ignore this option.
All of this minute details and explanations are explained in depth in my K-1 visa interview course https://visatutor.thinkific.com/courses/k-1-visa-interview-course
In question 25, yes your fiance counts as someone you petitioned for a visa.
-Prem
Very helpful information! I do have a few questions though on sending the I-134 Affidavit of support to my fiancé, I have recently called the NVC and I was able to obtain A case number and an invoice receipt number. I already have obtained all the necessary documentation.
my questions are:
1. Can my 12 month printouts of my savings and checking accounts be enough to satisfy as supporting evidence? Instruction says to have “statement” from an officer of the bank or financial institution on the total amount deposited for the past year, my bank says all they can do is printout the last 12 months and that they do not specifically write a letter or statement stating the total amounts deposited.
2. Can I go ahead and send my fiancé the Affidavit of Support even though I have not received confirmation from the NVC that they have forwarded the Case to the Embassy? I worry about the timing of the documents, most documents like the current balances on my bank accounts and the certificate of employment have dates on them. I just wonder if that would be a problem? if the interview would be this February for example and my I134 is dated today, there is at least a month difference in dates.
I hope my questions are not too confusing. Thank you in advance.
Hello Leo,
1. the I-134 instructions say to bring a letter from a bank regarding the status of your account. Two things to note: bank statements are only required if you’re using bank accounts as assets to make up the difference. Two: banks seldom offer this kind of letter. So, in my experience a bank statement of the last two months usually works. You can find all this (and more information) on the k-1 visa interview course https://visatutor.thinkific.com/
2. It’s kind of too early to send your fiance the I-134 documents. They begin to expire by the time she has her interview. I suggest you wait until you’re about 2-3 weeks away. That should give you enough time. You can follow some of the tips here https://www.visatutor.com/my-top-5-tips-for-the-i-134-in-your-fiance-k-1-visa/
-Prem
Hello Prem,
First of all THANK you for all your help.
I am currently filling the I-134 and I have several questions:
1. Do I have to write “None” or “NA” on every single line item that it is not applicable to me? Or is it ok if I leave it blank? Same for the sections with numbers, should I put 0 or leave it blank?
2. This is a stupid question but I just want to confirm, what types of folders are ok to bring to the interview to show the support info? I saw your recommendation on using binders (which I loved) but I am scared that there will be an issue going into the embassy with it? Is it ok if the documents like the I-134 have holes?? Can we use regular clips? I want to make sure everything goes through security. Please advise, thanks!!!
Thank you so much!!
Hi Dani,
Thanks for sharing. I’ve answered you through email, but will still explain the answers so others can see.
1. I advise to keep the form clean and not write “n/a” or “none” all over the place. Other people have different philosophies. However, I haven’t seen a problem either way. So, it’s your choice.
2. I advise keeping the paperwork in a small folder. Binders are okay as long as you make everything neat and organized. There are no official guidelines from the US Dep’t of State on the matter. So, we do what seems right without going overboard.
-Prem
I see that I should be showing my 2018 tax returns, however I was unemployed for the last few years and started a new well-paying job today (January 1st, 2019).
Can I prove current income, despite not being able to prove last year’s income?
Thanks!
Hello Tom,
That’s a fairly common question. You can prove you have a current well-paying job using various other evidence. You can read # 3 here for a full explanation to your very question
https://www.visatutor.com/my-top-5-tips-for-the-i-134-in-your-fiance-k-1-visa/
-Prem
Hi Prem
Thank you for the very helpful advise. Two questions.
(1) How do you determine the household size? Who are the dependents? My fiance lives with his mother who is in her late 50’s and currently working with a less than minimum wage. Does she count as his dependent?
(2) We are quite confused as to how to answer the page 4 part 3 item 38 on the contributions part. Should we check yes or no? If we answer yes, then we have to detail what things to provide and the timeline. If we answer no, does that constitute to not supporting the beneficiary?
Thanks and looking forward to your reply!
Hey Piena,
(1) there’s a formula to figure out the household size. It’s all in the I-864 instructions packet (yes, the I-864, not the I-134 instructions). Dependents are those who are listed in the tax returns. If your fiance’s mother is listed as a dependent on his 1040 tax returns, then she counts as a dependent. But if she files her own separate taxes, then she won’t be a dependent.
(2) This question page 4 part 3, item # 38 doesn’t apply to fiance visa petitions because this form is used by other visa types. So, this question is irrelevant to the fiance visa. However, you can select “intend”. In my experience, this question is ignored by the Embassy officers during the adjudication for K visa applicants.
-Prem
Hi again, thanks for all your help with the Interview Appointment stuff! Any thoughts on how recent the documents need to be? ie if my fiancee goes to the embassy with a letter from my employer signed three months ago plus paychecks of mine from say, one month ago, will that be sufficient? Or should I really go out of my way and send THE most recent ones even just a few days before her interview? Also, should I be worried that, even though my yearly income does indeed meet the guidelines, my hourly job will not give me a paycheck during the week of Christmas/New Year?
Hey Alex,
it’s usually acceptable for documents to be a month old. The documents don’t have to be the very latest. You can lag behind 1-3 months depending on which document you’re referring to. However, try your best to have the most up to date as possible. There’s no official guideline on any of this. It’s a judgement call. But don’t drive yourself crazy searching for them. For stuff like paystubs, I think it’s fine if your most-recent was 4 weeks old.
-Prem
Hi Prem,
I have question to I-134 AOS Form,
Part 3 Income and Assets Information
#3 My Annual Income $_____
Is this pertaining to my total annual income through my job or my annual gross income through my Tax Return. I hope you don not confuse with my question as I do. Thanks
Hello Manuel,
The total income is the combination of your gross income from all different sources. If you have a simple job with no outside income (dividends, royalties, retirement, SS, business, etc.) then it’ll be the gross amount from your job tax returns. Does this help or do you have a more complicated tax structure?
-Prem
Hi Prem,
I have a question regarding sending original affidavit of support documents to the fiance living abroad, can we just scan and email all the documents for them to print and take to the interview? do you think that would be acceptable? or is a wet signature required on form I-134? thanks!
Hi Hana,
You can take a look at common question # 2 which is how can I send the I-134 documents to my fiance here
https://www.visatutor.com/my-top-5-tips-for-the-i-134-in-your-fiance-k-1-visa/
You’ll read that you’re allowed to digitally scan it and email documents, print it out and present it at the interview. According to the Dep’t of State, wet signatures are no longer required for the I-134 AOS.
-Prem
Dear Prem,
Thank you very much for your blog!
I do too have a couple of questions regarding I-134 affidavit for my fiancee.
1. Question 38 in the form looks like this:
I intend [ ] do not intend [ ] to make specific contributions to the support of the person(s) named in the Part 2.
(If you select “intend,” indicate the exact nature and duration of the contributions you intend to make in Part 7. Additional Information. For example, if you intend to furnish room and board, state for how long and, if money, state the amount in U.S. dollars and whether it is to be given in a lump sum, weekly or monthly, and for how long.)
I am not quite sure how to answer this one. I intend to marry my fiancee and have basically a joint household with her. This sounds to me as “general” support and not “specific”, but if I select “do not intend” it sound as if I am not going to support her at all. Or do they mean the period after entering the US but before marriage?
Maybe I am overthinking this, but I am confused.
2. The most current I-134 form I can download from USCIS web site states “Expires 11/30/2018”. It’s 12/4/2018 today, and the interview is coming just in a few days.
There is a note on USCIS website that states:
“A new edition of this form is coming soon. In the meantime, you may file using the 11/30/16 edition. You can find the edition date at the bottom of the page on the form and instructions”.
However, I’ve heard that some people had their visa denied because of the form expiration date.
I also worry that the new edition may come out right the day she has her interview.
Would it invalidate the affidavit?
Thanks a lot!
Hello Igor,
Thanks for reaching out. As per your questions
1. You can select either response because this question doesn’t apply to K visa applicant sponsors. You see, other visa types use the I-134 form and therefore some of the questions don’t apply. If you choose to check “intend” then be sure to clarify in Part 7 additional info that this is for a fiance visa “n/a”.
2. Ignore the expiration date. You must go with the “edition date”. If the USCIS says that’s the latest edition date, then we can still use it until they issue a new one. You will not be denied for something like not having the form when it’s not even available. Don’t worry about it. Just be sure that it’s the latest edition date that you bring to the consulate interview.
-Prem
Hi Prem. We are at our 4th month after having sent the I-129F form. Our timeline is changing to an earlier date, as to when we can expect an NOA2 or RFE. Right now, it has been changed from February 2019 to about the middle of January. Is it okay for me to use the I-130 form that expirers on 11/30 or will there be a new version in December for the upcoming year? I just want to start preparing. Thank you sir for your help.
Tonie
Hi Tonie,
It’s great you’re preparing. I suspect that by the time your interview rolls around (maybe in March) the I-134 will be updated with a newer version by then. So, I would suggest you wait to fill out the forms. However, in all likelihood the supporting documents (bank statements, tax returns) and all requirements will stay the same. Therefore you can probably start gathering those documents in the meantime.
-Prem
Hi! First I would like to thank you for all the support. I have been finding conflicting information about a specific field on the i-134 form: Part 1 Number 12 (I am __ years of age and I have resided in the US since _______). Do American Citizens (born in the US) have to fill it out at all?
Hi Cynthia,
There’s no official instruction from the USCIS on how to fill it out for American-born citizens. In addition, this question has several problems which I’ve picked up over the years. First of all, what defines “resided”? Does it mean continuous stay in the US? does it mean only legal stay in the US? Secondly how does it apply to American-born citizens. To me, the simple answer is you put the year you started to call the US “home”. For born citizens, this is your birthday. For those not born citizens, it’s when you got legal status in the US.
You picked an interesting question because this is one of the ones I’m addressing in my new course for the K-1 visa interview.
-Prem
Hi! My fiance only started working this year, 2018. He just graduated from Med school. How do we go about the tax forms and w2? Hope you can help us! Thank you!
hey Steph,
That’s a fairly common situation (about just starting to work). You should read my top 5 tips for the I-134 Affidavit of support
In particular, read # 3 where I’ll explain how to do this with a employer verification letter + recent paystubs.
-Prem
Hi,
I can thank you enough for the blog. I didn’t know about it before my first visit. I found out after and there is a huge difference between the USCIS website and your blog. So I visited my fiancee for the second time then submitted my I-129F. It’s approved and we are just waiting for an interview date.
When submitting tax return 1040, do we submit the whole copies or specifics? Cause mine more than 20 pages for a year. Would a W2 be enough?
Thank you again for your insights
Hi Joe,
You’re welcome for the information, I’m glad it’s useful to you.
As per your question regarding your tax return: yes, you should send it all if you’re using the tax returns (1040). However, I suggest you consider using a tax transcript because it’s much more concise (typically less than 5 pages) and perfectly acceptable as a replacement for the full-fledged tax returns 1040s. If you use the 1040, you must accompany it with appropriate W2 forms. They must be together. Let me know if you have further questions. You can also see more I-134 tips here https://www.visatutor.com/my-top-5-tips-for-the-i-134-in-your-fiance-k-1-visa/
-Prem
hello , thanks for your help
if The Fiance(e) K-1 US petitioner has not enough income and want Joint Sponsor but Sponsor has not enough income but has assets to meet the minimum financial requirements. can take responsibility and file the I-134 on the US petitioner’s behalf ?
Hi Mina,
Yes, if the joint sponsor has enough assets to qualify above the minimum, then you can use that option.
Can I use my house as assets. My home is valued at $1400,000 on Zillow and no mortgage.
I have $60k gross self employment income but after expenses it was minimally. I will start a job that will pay me $21k per year on 11/24/2018. I am sponsoring one beneficiary. Will home asset be sufficient?
Hey Melissa,
You’re allowed to use your house as an asset if your income/financials are not enough for the year to meet the 100% limit. If you want to use your home as an asset, it’ll take more than just a zillow printout of the value. You will have to get the home appraised and get an actual value of the home in order for it to qualify as an asset. Even then, Embassies have the discretion whether or not to allow your home as an asset. So, it’s a bit risky in a sense.
Secondly your gross income is counted as income. And the household count is based on several things than just the person who’s emigrating. You can find additional resources at my other post. https://www.visatutor.com/my-top-5-tips-for-the-i-134-in-your-fiance-k-1-visa/
-Prem
Hi. A couple of questions. I will be using a co-sponsor. They will be providing an I-134 and I will as well. When it comes to documentation:
1) Will we each have to provide a letter from our bank?
2) I did not file taxes in 2015. If my interview is early 2019 will I have to provide 3 years of taxes: 2015, 2016, 2017? Will my co-sponsor need to provide 3 years of taxes?
Hi Linda,
1. If you provide your own I-134, then a bank letter is only required if you’re using your bank balance as an asset to make up the difference. If your income is enough to overcome the 100% of poverty limits, then there’s no need for additional assets. I suggest you read the tips here https://www.visatutor.com/my-top-5-tips-for-the-i-134-in-your-fiance-k-1-visa/
2. That’s fine. In general, the Embassy’s policy regarding tax returns before April 15 (tax day) is that they accept it considering how close you are from having filed. If you haven’t filed and it’s past tax day, then you must show some sort of extension request.
Your joint sponsor should be able to produce some tax history. It doesn’t necessarily have to be 3 years. However, 3 years is a good length of history.
-Prem
Dear Prem,
if my fiancé and I are using a joint sponson (his dad), does my fiancé still have to fill his own affidavit of support form? Thank you!!!
Hello Francesca,
Even if you’re using a joint sponsor, many Embassies may still ask you to submit the US Petitioner’s I-134. It doesn’t happen everywhere but many do ask. So, I suggest you email the Embassy or check their website and ask them.
According to the DOS laws, the US Petitioner is always considered the primary sponsor, so regardless of what happens, they always have the option to ask your fiance to submit it. That’s even if your fiance doesn’t work or earn.
-Prem
Hello
My fiance is an American but i am a South african lady with a 12 year son. We are planning to get married next year. My worries is that my american fiancee live on disability grant. Will his situation allow me to apply for k1 visa?. I myself work for the government in my country and i have enough funds to take care of myself and my son even if we manage to come to USA.
Hello there,
Any person who has an income and pays taxes can file the I-134 as long as they meet eligibility and are above the minimum requirements. Assuming that your fiance receives above the minimum requirements even with disability, they can file the I-134. You have to find out if your fiance pays taxes on that disability and whether it’s above the minimum 100% required. You can find out more tips from here https://www.visatutor.com/my-top-5-tips-for-the-i-134-in-your-fiance-k-1-visa/
-Prem
Hello,
I have a few questions. I have been with my fiancee for almost years now and we have been travelling South America the whole time. I have came back to the states during the summers but only make around $5000 in those 3 months that I work. We are artists we really dont have any formal documentation on our income. My fiancee is from Venezuela and is currently trying to claim refuge in Spain. So here are my questions:
1. Do I have to show 6 months if income before we go to the interview?
2. Can I apply for an American job online or an American business internationally here in Spain and still be able to prove my income?
3. My parents are retired but own have serveral assets.. would that be enough for a joint sponsor?
4. Can we file here in Spain if my fiancee has been allowed refuge or does he have to return to Venezuela?
Honestly it is torture to be away from him for so long and 8 to 10 months min. sounds almost impossible. We want to start our family. I have a Bachelors in Spanish and International Studies and make good money I just dont have proof.. Can you give us some advice?
Thank you!
Stacy
Hi Stacy,
thanks for getting in touch, I’ll try to provide my opinions on your questions.
1. No, you’re not required to show any amount of time. The requirement is that you must be able to prove that you can financially support your fiance when he/she moves to the US. I think you’ll benefit from reading my top I-134 Affidavit of support questions
2. As long as you work and you pay taxes, that’s how the Embassy will accept that you have enough income. Otherwise, if you do not work, they will allow you to use assets to help. Keep in mind that you’re not required to be working in order to file the fiance visa (https://www.visatutor.com/do-i-need-a-job-to-file-for-a-k-1-visa/)
3. You may use joint sponsors if the Embassy allows it for your case. Assets are acceptable.
4. I’m not 100% confident in this answer, but in my opinion if he’s been granted asylum by the time he has the interview, then he can interview in Spain. Otherwise, he may have to return to his nationality. I’m not sure about this. You should research and find out. And let us know what you discover, as I’m sure lots of us have similar questions.
I can imagine how tough it is being away from your fiance. We all go through the same exact emotional and psychological issues. My advice is to start the process and try to lock down a job. In addition, you should seriously consider keeping track of the taxes paid so that you can present a tax return to the Embassy when it’s time for the I-134. Or look into your parent’s assets. If you’re curious, shoot me an email and we’ll talk offline.
-Prem
Sorry for bothering you, but in here I really need your help. I want to ask you about several questions:
1) Actually what things that should be send in one package of K1 Visa form beside I-129F form?
2) When we have to bring Affidavit Support form (I-134)? Is it on the interview so we don’t need to include the form with I-129F form? or we have to include in together with I-129F when we want to send it?
3) And then for I-134 form in stock things especially about evidence, what’s the name of the report stock that showing the market value?
4) And then related to the signature, what form that should be wet ink signed from beneficiary side? Is there any possibility to signing in scan form and then print it? is it to risky or we still have to signed in wet ink?
Looking forward for your answer, Thanks!
Hello Shahnaz,
1. For the I-129F, you should sign up for my checklist for all the things you need to include https://www.visatutor.com/i-129f-petition-checklist/
2. The I-134 is only due at the interview.
3. in the I-134, if you wish to include stocks as assets, you can get a report from your stock broker.
4. scanned signatures are allowed from now on for all Department of State petitions. So, yes, you can scan them.
Hope this helps
-Prem
Thanks for the help!
We just applyed, the interview proably will be next year. We are trying to figure out upcoming docs now.
Our question now is my fiance had claimed about 2 months of unemployment benefits this year, does that count as income? Can he add that amount to I-134 income?
Thanks alot!
Hello Suki,
Unemployment benefits count as income. He will be able to add this income to the I-134 total. However, note that since it’s “temporary” income, the officers will factor that income into your overall “totality of circumstances”. Meaning it may help or harm some cases.
-Prem
Me and my fiance have been over 7 years relationship and times I have sent some money to his bank for buying a house toegther and for fixing house stuff. He does pay for the house too…
I didn’t noted that I-134 is asked for his bank saving amount…The problem is I just sent around 8k to him but my fiance salary shouldnt have this much…will this be a red flag? and get denial for the k1 visa?
Thanks your website have helped us alot.
Hello Suki,
You don’t have to show a bank balance. Bank balances are only required if you’re using them as assets to make up the difference. You can see the answer to this question #5 here: https://www.visatutor.com/my-top-5-tips-for-the-i-134-in-your-fiance-k-1-visa/
-Prem