Top I-134 questions and answers in the fiance K-1 visa process
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There’s one thing that I’m glad of — and that’s this: most fiance visa applicants are aware that the I-134 form is a big deal.
You know I always encourage you to dive deep to learn all you can about the fiance K-1 visa process, right?
One reason is because many K-1 visa denials are due to “public charge” — which is because of a bad I-134 Affidavit of Support packet.
Meaning, having solid proof financial support is critical to approval. But there are also some I-134 tips that help improve your chances of K-1 visa approval.
I looked through all the questions people sent me over the years and put together the top 5 questions about the I-134.
Interestingly, I found out that most of us aren’t confused about instructions as much as we’re left scratching our heads about what’s left unexplained.
Curious? Let’s read about the top 5 tips for your I-134 affidavit of Support.
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The top 5 Questions, Answers, and tips
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Question # 1 – Do I send the I-134 with my I-129F form? Does it help make my case stronger?
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To this day, I don’t know how the rumors started. Some think it’s a good idea to include an I-134 in your I-129F petition. That’s a big misconception.
Here’s what the question looks like:
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It’s a simple question with a simple answer. They won’t check your financial stability at the I-129F stage. The I-134 is not required before the interview.
But if you follow bad advice, you end up wasting time. It slows your case if the USCIS has to shuffle through useless stuff to get to your important documents. Not to mention that everything will expire by the time you go to the K-1 visa interview, anyway.
I-134 tip: So, avoid the temptation and don’t submit the I-134 with your I-129F petition. It won’t make your case stronger or quicker — in fact, it’ll do just the opposite.
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Question # 2 – How do I send the I-134 packet to my fiance? By mail or is a scanned copy acceptable? Notarized?
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Good question. Let’s say you, the US Petitioner or a joint sponsor, get everything ready — what happens next? How does the beneficiary actually get it?
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- ● Do you mail it internationally?
- ● Hand deliver it?
- ● Send it by email?
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What’s allowed?– Well, all of the above are allowed.
The entire (yes, entire) I-134 packet can be printed from scans, copies, or emails. No wet “ink signature” is required according to the Department of State.
So, it’s your choice — documents don’t have to be originals. You can send electronically it to your fiance in any way for the visa interview.
But personally, I don’t see why anyone would spend money on international mail when it’s much easier to send them by email. Wouldn’t you agree?
The same goes for notarization: nothing has to be notarized unless they specifically ask for it.
I-134 tip: So — sign your I-134, scan it, and email it to your fiance. Then take your supporting documents and scan and email them to your fiance, and have him/her print it out and staple them together. That’s a perfectly fine way to prepare for the K visa interview.
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Question # 3 – I recently began working and my tax returns don’t show my full income. What can I do?
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If you fell in love right after graduating college (just like I did) then you know this question is important: What if you recently began working but your most-recent tax returns don’t show your full current income?
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I had the same question and so do many of my readers. In fact, it’s so common that the US Department of State themselves have an actual LAW to address it. Surprised?
Yes, it’s the 9 FAM 302.8-2(C)(4) which says that as long as the I-134 sponsor can show that he/she is currently employed and earning an income, their financials should be acceptable. That means a letter of employment and pay stubs should theoretically be a good starting point.
But for marginal cases sometimes using a joint sponsor is a better move.
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Question # 4 – I’m going to use a joint sponsor. Is that a reason for them to deny me?
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Imagine you’re like one of my readers whose a college student graduating next year and wants to use a family member as a joint sponsor:
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Is anything from his situation a reason for denial?
Well, normally it won’t be. Joint sponsors are allowed on a country-by-country and case-by-case basis. You have to find out if your Embassy allows it.
Most do allow joint sponsors. Some don’t. But the mere fact that he’s using a joint sponsor will not be a public charge.
However, I do suggest you be more mindful in selecting a joint sponsor. You see, there are important things that affect whom the Officer considers to be an acceptable joint sponsor…
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■ Their legal status (either US Citizen or Legal permanent Resident – Green card)
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■Their relationship to the beneficiary. The likelihood that they will fulfill their obligation to financially support the beneficiary
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■ Their household size
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■ Their income / future prospects of income
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■ And a few more things within the “totality of circumstances”
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Form I-134 tip: So — do the following: check out the USEmbassy.gov website to see if they allow joint sponsors for that particular embassy. If it doesn’t say it, then simply ask the US embassy by email.
But one way or the other, make sure the joint sponsor will be accepted. You don’t want to be turned back after the interview and asked to provide another joint sponsor.
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Question # 5 – Do I need to show a big bank balance to be approved?
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No, bank balances don’t have to show that you’re an ultra-rich businessperson before you’re approved.
In reality, you may not even need a bank statement. Here’s what you must consider:
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❒ Do you even need to show a bank balance?
Bank statements only apply if you’re using a savings as an asset to make up the difference between your income and the minimum poverty limits (I-864p).
If you’re not using them as an asset, then you don’t need to include bank statements.
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❒ How much do you need to make up the difference?
If you do need assets, then how much you need is different for all of us.
You don’t need a million dollars. You only need enough to make up the difference between your tax income and the minimum poverty limits times 5.
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I-134 form tip: Also, don’t make large, unusual deposits to your bank account to inflate your financials. The officers quickly catch on to that. They may deny you for misrepresentation or at the very least, you will lose credibility.
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I-134 tips for approval
The I-134 Affidavit of support is extremely important for a perfect K-1 visa approval. To get a good, solid approval, you should follow these tips to improve your experience.
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Once again, the top 5 questions are…
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1. Do I send the I-134 with my I-129F to the USCIS?
(Quick answer: no it’s not required and it doesn’t help)
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2. How can I send my I-134 to my fiance?
(Quick answer: all I-134 documents can be sent by any means)
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3. What if my tax returns don’t show my actual current income?
(Quick answer: use other evidence to show that you’re currently making more)
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4. Will I be denied if I use a joint sponsor?
(Quick answer: no, but be careful selecting them)
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5. Do I need a big bank balance to be approved?
(Quick answer: no, only show bank statements if using them as assets)
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These were just 5 questions & tips. I’ve got 20+ more — including questions that you didn’t even know to ask.
To get more tips and guides for your fiance visa process, join my email. But first…
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What questions do you have with your I-134?
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August 2, 2020 at 12:42 am on Fiance Visa affected by the Public Charge InjunctionFor applications and petitions that USCIS adjudicates on or after July 29, 2020, pursuant to...[click to read more]- August 2, 2020 at 12:32 am on Fiance Visa affected by the Public Charge InjunctionForm I-944, Declaration of self-sufficiency, is NOT REQUIRED??? Please where exactly did you get this...[click to read more]
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Hi Prem,
I am Canadian and my US fiance is sponsoring me, he just recently moved to a different state and got a new job and although he has an offer letter stating his hourly rate, I am not sure he would be comfortable asking his boss for a signed letter stating his income. Would his past tax returns, recent paystubs, and a copy of his current job offer suffice? He makes well over the poverty minimum.
Hello Jana,
When it comes to documents that will be an important part of any process, we usually do our best to comply with the instructions.
And there, it’s said that the date and nature of employment, the salary paid and whether it is a temporary or permanent position is advisable to be part of your I-134 packet.
A copy of last income tax return filed is of a great importance too.
Avoid being put in AP and follow those instructions closely, ok?
-Cris (Visa Tutor Team)
Hi Prem,
You had sent an email a while back, but I can’t find it now. It was about question 38 on the I-134 – about intent to make specific contributions to the support of the person(s) names in Part 2. I believe that you said that question does not apply to those going through the fiance visa process?
If I already have an apartment that he will live in, plan to put my fiance (once he’s my spouse) on my health insurance and car insurance, etc. should I note those things?
Can you clarify please!
Thanks,
Sam
Hello Samantha,
The best option for item 38 must be “I do not intend to make specific contributions”.
Question 38 is for different visa types. It doesn’t apply to fiance visa at all.
You don’t have to write any extra documents for question 38.
Stick to the i-134 requirements.
As long as you have all the listed documents in the instructions to prove your income source, the car and health insurance and the apartment must be left out.
-Cris (Visa Tutor Team)
Hi Prem, I had a quick question for you! I received my NOA2 close to about 3 weeks ago and am now waiting to hear back from the NVC. I have not worked for the past 3 months due to my mother being ill but I am returning back to work next week. When my fiance goes for his interview, he will just need my last year W2 forms, correct? My income for the past 3 months shouldn’t be an issue with the interview or Affidavit of Support form? Should I include pay stubs upon returning to work as well? Thank you so very much, as always!!
Hello Schweta,
You can use your I-134 as long as you honestly disclose your situation.
In order to learn more about this topic, I’d suggest that you read Prem’s article on “is a job required for my k visa?”
https://www.visatutor.com/do-i-need-a-job-to-file-for-a-k-1-visa/
-Cris (Visa Tutor Team)
Hello,Prem,thank you so much for providing us so many useful informations,I really appreciate it.But I’m still curious about the original/ink/wet signature of I-134,because according to https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visas-news-archive/20161228_ink-signature-no-longer-required-on-affidavits-of-support.html it’s not required to I-864 and related forms any more, but it has never mentioned that the original/ink/wet is unnecessary for I-134,so I’m still trying to figure it out whether we are allowed to use a scanned signature which is obviously more convenient. Could you please explain your idea and conclusion better?Any reply and explanation would be appropriated, thank you very much!
Hello Vanjie,
Thanks for sharing your question. Yes, indeed the DOS policy is directed toward I-864 and the reason I say that it applies to the I-134 is for several reasons even though it’s not explicitly stated
1. The I-864 is required at the interview for other immigrant visas (but not the fiance). It’s the affidavit of support for immigrant visas.
2. The K visa is considered by most to be an immigrant visa, hence many consulates treat it like such.
3. The I-134 is usually shadowed into the same requirements that the I-864 has (although not all)
4. The I-864 (stricter) has the same function as the I-134 and if the US Consulate allows the I-864 to be a copy, then it most definitely allows the I-134.
Since the US Dept of State hasn’t elaborated on the I-134 (and I doubt they will), you can consider that what applies to the I-864 will apply to the I-134 for fiance visas.
-Prem
Hi! I have a question. This is kinda frustrating because my fiance (petitioner) just got out of the military and we are just waiting for the NVC letter to start my medical and interview. That means he is currently unemployed and we don’t know until when coz he just got out of the military. What should we do? What documents do we need to submit as proof that he can support me? Also, he’s planning to study and the military will pay for it so he’s still going to receive allowance from them but still he’s unemployed. We’re kinda confused what to do because the embassy in country doesn’t accept co sponsor.
Hello Gracie,
Thanks for reaching out. Hmm, the way I see it, you have two options:
1. Contact the US Embassy and inform them of your fiance’s temporary unemployment and ask whether you can have a joint sponsor. Many times they make an exception.
2. Wait until your fiance is employed before going to the interview. Remember you don’t HAVE to have the interview right away, you’re given time to work on your case before you schedule an interview.
I’m sure you’ve read the part about not needing a job for the visa interview.
-Prem
Hello! Thank you so much for your knowledge. My fiancé is from Morocco and our package was forwarded to the us embassy consulate at the end of January. We still have not got our email for his interview. Do all USCIS embassies accept none original signed documents (scanned and emailed) or do I have to send it to him in the us mail? I’m just nervous and don’t want wait to long and we get the interview date and he doesn’t have all the documents for the I-134 form. Also what is the average time period for dates documents? I appreciate your response and information .. thank you
Hello Jennifer,
If your case has reached the US Embassy in Casablanca, you should check the CEAC status to see what the “status” is. If it says “ready”, then you’re ready to begin the process.
As you have read in this article, the US Department of State allows you to bring copies of your I-134 documents.
I didn’t quite get your question regarding the “Dates” of documents?
-Prem
Hello Prem,
Just a quick clarifying question – if my salary is sufficient to meet the requirement, does this mean that I don’t need to provide any bank statements at all (maybe it’s helpful just to be extra thorough)? And should I still list the amount of assets included in my bank accounts in the I-134, in order to submit a completed form? Lastly, if I’m only using my salary, which tax documents should I provide? Are W-2s still required or recommended?
Just to be clear, part of my confusion comes from the fact that you seem to say that bank statements and certain other proof documents are not required if I’m only using my salary to meet the requirement, but then the I-134 site (https://www.uscis.gov/i-134) includes a checklist of what one should include, and does NOT state that any of those documents are optional.
Thank you so much for all your assistance!
Best wishes,
Alison
Hello Alison,
If your salary is sufficient, then you don’t need assets to “make up the difference” between your income and the minimum poverty limits as set in the I-864p.
Bank statements, home ownership, etc. etc. are considered assets. They’re only required if you income isn’t sufficient.
To show proof that your income is sufficient, you include tax returns/transcripts, your W2 forms, etc.
However, the confusion arises because many applicants don’t understand when they need to bring different documents and they end up bringing all of them. I can see why it gets confusing. The I-134 instructions are very brief and don’t do justice to the requirements.
-Prem
Hi Prem
I’d like to clarify something that’s been a little bit of a concern, my fiance lives on her own renting the place she’s in, however, she earns more than the $16500 US Minimum income but less than the 125% mark above that, she has a chunk of savings as well. would it be a cause for concern when submitting the I-134 that she’s has only been earning this for the last 6 months of so? and to include the savings… would this suffice or would we need to get a joint sponsor to file with?
Thanks!
Hello Kyle,
from the sound of it, your fiance can use the current income as proof of an annual income. Does she have paystubs or other proof of income to show for it? it sounds like the situation from question # 3 on this page…
-Prem
Hello Prem,
Thanks for all the Great work you are doing on here for each and everyone to get united with their Love one like you did.More Blessings to your wife who is the Unsung Hero here for letting you stay pass bed time in order to be of help to millions of people following your great work.I just have one question.I was recently talking to a friend who’s K1 got approved.He told me its necessary to mail double of everything.Because the NVC will then mail it to the embassy over where the other partner will have an interview.Whats your take about this? Thanks Again.More Grace to you and your Household.
Hello Jordan,
It’s a good idea to send a copy of your complete I-129F petition to your fiance just in case he/she or even the Embassy loses your petition. But it’s not required. It’s usually suggested to do this so your fiance can review the paperwork, and also in the rare chance that the Embassy loses your petition, you have a copy handy. Otherwise, it’s your option.
-Prem
My Fiancé went to her interview and was denied because I had not given her my 2017 tax returns she had my extension form from my accountant. She interviewed on the 5th of November and I had filed on October 15th. They said they were sending the case back to UCIS. What do I do now? I have my current tax returns for 2017.
Hey Jeff,
Sorry to hear about the denial. But it’s kind of strange. Generally, when the shortcoming is only the affidavit of Support they will allow you to submit additional evidence and hand you the 221(g) denial pending your documents. Why did they flat out deny the case and send it back for revocation? were your past tax returns way below the minimum required and they felt you weren’t going to be able to meet minimum even with the 2017 returns? let me know exactly what the denial was so we can figure this out.
-Prem
Hi Prem,
I know you say we do not need bank statements, however the USCIS site states: “A signed statement from an officer of the bank or other financial institution that states when you opened an account, the total amount deposited for the past year, and the present balance of such account.” It doesn’t indicate whether that is if you are using your assets to qualify. Can you clarify? I am using a co-sponsor and I was told we should both get the bank statements and letters. Will you weigh in on this? I don’t see any information about whether the letter from your employer needs to be within a certain time frame either. Do you think that should also fall within the 6 months from interview date?
Thanks!
Linda,
Showing bank statements and financial assets are only required if you’re using assets to make up the difference between your income and the minimum poverty limits. The USCIS is suggesting these particular evidence as examples.
If you’re using a joint sponsor, you’re still only required to submit bank statements if you’re using your joint sponsor’s cash assets (bank account) as an asset to make up the difference.
That being said, I still suggest everyone to submit bank statements to help “tip” the scales in your favor if in case the officer has a bit of doubt regarding whether the sponsor can meet the minimum.
For the employment verification letter, there is no official expiration date indicated from the Department of State, however general practice shows that up to 6 months is the maximum you’d want to go.
Hope this helps. What do you plan to bring to the interview?
-Prem
Hi Prem,
Is it necessary to submit an original copy of the letter of intent to marry or a scanned copy will do?
Thanks!
Hi Jackielou,
The Letter of intent to marry for the I-129F doesn’t have to be original. As you’ll read in my guide, a scanned & signed version is acceptable to the USCIS as per their signature policy.
-Prem
Hi Prem,
At what point in time should I begin to collect the necessary bank data for the I-134? Should I wait until I receive the NOA2 or should I start collecting the information sooner? I expect that the USCIS would prefer the information to be as recent as possible in regards to bank statements. Would you know what the guidelines are in this respect?
Thanks for your help!
Hi Terrance,
I suggest you start collecting the supporting documents after getting your NOA2. That way your documents won’t expire (or be too old) by the time the interview rolls around. For example, if you get your bank statements too early, then you’ll have to go back and get fresh (more recent) ones for your fiance’s interview. There are no guidelines for the I-134 documentation. The general understanding is that 6 months is the farthest you want to go back. Hope this helps!
-Prem
Prem,
thanks so much for your help, this has been the best. I have only one question – as my primary income is military retirement, do I just list my current employer as “Military Retirement Pay” as listed on my tax form?
thanks again!
Hi Jesse,
If you’re retired and not actively working, then you are technically not employed. You will indicate “not employed”. Also it’s not necessary to have an employer (or be employed) in order to earn income. As your case exemplifies. Many of us earn dividends, interest, rental income, etc. without actually working. So, it’s perfectly fine to be retired, on SS, on VA or other benefits.
-Prem
Hi!thanks for the info
I have a question
is there any exception or its easier for a couple that one (the usa citizen) has a chronic illness and cant travel/needs a close relative in this case his spouse (soon to be) thank u
Hi Andrea,
I’m afraid I don’t quite understand your question. I believe you’re asking whether any relative can be a joint sponsor? If so, then yes. Any relative can be a joint sponsor if the US petitioner isn’t working due to an illness.
If you clarify your question, I may be able to better assist.
-Prem
Thank you so much for responding quickly to my concern about proof of income to submit. I, like everyone else who follows you, can’t thank you enough for all that you do. In today’s world, there aren’t too many people such as yourself who are willing to help complete strangers. So much of what you provide to us is free. May God continue to bless you as you continue to help others. It is much appreciated. Please thank your lovely wife for allowing you to help all of us in need.
Hi Tonie,
Thanks for the compliments and kind words. It’s an immense quantity of hard work that goes behind this site. And you’re right, the unsung hero is my wife, who is kind to allow me to help everyone in this process because we vividly remember how tough it was for us. I’m also glad to have followers like yourself who appreciate it. Keep in touch
-Prem
Thank you so much Prem. These are non taxable & I don’t have to file yearly taxes. I am still a little bit confused. Should I get someone to prepare tax for me although it’s not taxable? Thanks for your help. I want to make sure that I have all the financial proof I will need tp be presented to the Consular when it’s time for my beneficiary to have his interview. Thank you.
Hey Tonie,
If you haven’t filed taxes because you’re not required to, then I don’t believe you need to file taxes now. Showing proof of tax returns is not required for most situations (only required if you are self-employed). Thus, if you have other proof (such as your 1099s) where you earn non-taxable income, then you can simply include these extra 1099 supplements in addition to your I-134 to show income.
-Prem
Hey there,
I got your I-129f course and have been following your emails and let me first say thank you SO much for all that you do!! You are a godsend!
So, the I-134:
If I’ve been at my current job for 3 years and make well over the minimum income, what exactly do I need to to have?
I’ve been told 3 years of official tax records and 3 years of tax returns and a company letter and pay stubs.
That seem like overkill to me so I just want to know what I need and not what people “think” you need.
Thanks so much!
Chris
Hey Chris,
Thanks for signing up and I’m glad it’s helping you.
For your I-134:
1. If you’ve working in your current job for over 3 years are you’re above the minimum, then there’s nothing you do now. When it’s time to file the I-134 at the K visa interview, you will gather up all your documents, fill out the I-134 and hand it to your fiance to take along. The requirements for which documents you bring, you can see those at the I-134 section
2. The official rule is not 3 years. The official guideline is “as much as you need to prove that you have a stable income”. In most cases, 3 years worth of tax returns or IRS transcripts are recommended. If you don’t have all the way back 3 years, then even 1 year is acceptable. It actually depends on how well your current tax return shows your income (and stability) above the minimum required. That’s really the whole point behind tax returns (“totality of circumstances”). Currently, seeing how your income is above the minimum, you’re not required to go back all three years. In the end, it’s your choice.
-Prem
I make a little over the 100% poverty line since I’m a student and do that full time. Since I’m over the 100% poverty line do you think it’s better to get a joint sponsor for the I-134 or is it okay for me to do it myself. Thank You
Hi Linda,
That really depends on your own situation. Even with 100% poverty limits being met, you may or may not have some situation where the “totality of circumstances” persuades the officer one way or the other. For this instance, I advise you have a back up joint sponsor in case. Just take the extra paperwork with you to the interview in case they object to your own.
-Prem
Prem,
Great article. Most people get the advice to include their Affidavit of Support (I-134) with supporting financial and supporting documents with their I-129F packet because they think it will speed up the process.
The misconception is that some people believe that if you have all this in the I-129F packet, USCIS will send the packet directly to the embassy and skip the National Visa Center (NVC). Therefore, they believe that you can skip a few weeks in doing so.
That was true in some cases in the past. However, now it just does not happen anymore. For the most part, all cases go through NVC. Therefore, this old shortcut of front loading I-129F petitions to get to the embassy faster does not work anymore.As a result, you are right by saying that it does not help.
Therefore, I totally agree with your answer to Question #1.
Kevin, hey bud,
Thanks for clarifying the issue there. The NVC handles many more functions for other visa types (such as spousal) and asks for the Affidavit of Support at this stage. However, for the K-1 visa application, this route doesn’t apply.
Perhaps it’s a bit of confusion with this as well as the other fact you’ve brought up now, is the reason some of us are confused on question # 1.
In any case, your wisdom and expertise is always welcome here. And I recommend my readers visit your site for help regarding the CR1, IR1 and K1 visa information. Keep up the good work!
-Prem
Thank you for all the information received so far which has been extremely helpful. I submitted the I-129f to the California office and received the NOA-1 on 3rd January. The NOA-2 was received 8-21-18, and is now en route to NVC. I am told that it takes up to 6 weeks for NVC to receive this. So we continue to wait.
Hi Jean,
Thanks for updating us on your situation. Yes, you’re right the NVC typically takes anywhere from 4-6 weeks for K visa applications. You’re in the home stretch now, as the Embassy phase usually takes anywhere from 2-3 months. So hopefully, you two will be approved and together before the end of the year. Please keep us posted on the developments and drop by if you have any questions.
-Prem
Hi & thank you so much for all the valuable information. I am retired, however my income is sufficient. I get 2 pensions plus social security. What should I sent to be used to prove my income? January of each year, I get form 1099-R which shows my yearly income for each pension and Social Security gives me form SSA-1099 to show my yearly income from that. Is this okay to use to send as proof? Do I need more documents than that? My total income is above what is required.
Thank you for your help.
Hey Tonie,
Great question. Your tax returns or tax transcript may or may not show your 1099-R (from an IRA). Your tax returns may not show the SSA-1099 from social security. Do you file taxes on this income? if so, then they should appear on your tax returns. In which case, you will add your 1099-R and your SSA-1099 with your tax returns to show that you have ample income.
If these incomes don’t show up on your tax returns (perhaps if they’re non-taxable), then you will still attach these supplemental documents behind your tax returns and your I-134 to show that the combination of all these is enough. I know for some individuals, these incomes may not be taxable (and thus not appear on the returns). let us know otherwise.
Let me know if this helps, Tonie.
-Prem
–Disclaimer: No legal advice given. All information provided by Visatutor is opinion used for educational and entertainment only.