Top I-134 questions and answers in the fiance K-1 visa process
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.
The top 5 Questions, Answers, and tips
Question # 1 – Do I send the I-134 with my I-129F form? Does it help make my case stronger?
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:
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.
Question # 2 – How do I send the I-134 packet to my fiance? By mail or is a scanned copy acceptable? Notarized?
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?
● Do you mail it internationally?
● Hand deliver it?
● Send it by email?
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.
Question # 3 – I recently began working and my tax returns don’t show my full income. What can I do?
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?
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.
Question # 4 – I’m going to use a joint sponsor. Is that a reason for them to deny me?
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:
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…
■ Their legal status (either US Citizen or Legal permanent Resident – Green card)
■Their relationship to the beneficiary. The likelihood that they will fulfill their obligation to financially support the beneficiary
■ Their household size
■ Their income / future prospects of income
■ And a few more things within the “totality of circumstances”
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.
Question # 5 – Do I need to show a big bank balance to be approved?
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:
❒ 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.
❒ 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.
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.
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.
Once again, the top 5 questions are…
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)
2. How can I send my I-134 to my fiance?
(Quick answer: all I-134 documents can be sent by any means)
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)
4. Will I be denied if I use a joint sponsor?
(Quick answer: no, but be careful selecting them)
5. Do I need a big bank balance to be approved?
(Quick answer: no, only show bank statements if using them as assets)
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…
What questions do you have with your I-134?
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Recent Comments from readers…
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.