Form I-134 Affidavit of Support Questions

[MasonTwo]

So I'm trying to decide when to begin the process to bring my Chinese fiancee to the United States. My main concern is with the Affidavit of Support. I just graduated from university in December, and recently started a job at the beginning of April.

My current income would meet the guidelines for supporting my fiancee. However, I don't have any W-2's that show this job's income. It wouldn't be a problem to get my employer to verify my income level, but I don't feel comfortable filing the affidavit without tax documentation.

Should I look to get a co-sponsor, or would the letter of employment be sufficient? Thanks for the help!

[Whsia]

have an accountant make up a 1040 for you? Thats what i did and my fiance is coming here in two weeks.

[nichole]

The instructions for the I-134 Affidavit of Support do not say you have to submit an income tax return. Read the instructions for the I-864 Affidavit of Support also as they are more detailed. That's the document used when she is in the US and applies for Adjustment of Status to get the green card.

While most people have a tax return, there are other ways to show you can support your fiance/wife. A letter from an employer (on letterhead) stating that you are employed full time, for how long, and your annual salary is one good proof. Send 3-6 of your current pay stubs. You don't need these things until after your I-129 petition is approved and it's at the embassy stage overseas. If you have any savings or investments, you can show statements from those accounts.

The requirement is your current status, not what was on your 2009 tax return. Take your current monthly salary x 12 to determine what to put on the form asking your income. I am not familiar with what the "tradition" is at your fiances consulate as far as proof of income. Each consulate has their own way of processing forms and trends in what they like to see, but what I have stated should meet the US governments rules.

You can start the paperwork for the I-129 now because it takes a while to gather things, make copies, and get signed papers from China. By the time you've actually applied, then waited for the approval, then waited for the case to transfer to China and an interview to be scheduled, you should have a number of pay stubs to submit (photocopies.)

When it comes time for the I-864 Affidavit of Support, if you filed a tax return, even with low income because of a part time job while in school, then you send it. If you didn't file at all for 2009, then you write a statement saying that you weren't required to file because your income was $x.xx. Your current employer letter and pay stubs should be sufficient to meet the requirements.