K1 Visa FAQs: Affidavits of Support (IV)

THE K PACKET

I only have copies of my petitioner’s Affidavit of Support and income tax return: will you accept these?

A Form I-134 bearing the original signature of the petitioner should be submitted. Photocopies will not be accepted.  However, transcripts and photocopies of the Form 1040 and W2 will be accepted.

My mother agreed to be my joint sponsor.  I will be submitting a Form I-134 from her.

Please be aware that joint sponsors in K nonimmigrant visa cases are not legally bound to address the financial needs of the applicant.  The simple submission of a Form I-134 by a joint sponsor is, therefore, not always sufficiently credible to overcome the public charge provisions of the law.  Petitioners in K visa cases should be able to demonstrate their ability to maintain an income at or above the prescribed federal poverty guidelines for their prospective household sizes.

See more “K1 Visa FAQs.”  Read more about affidavits of support in this Bong Voyage post.

18 thoughts on “K1 Visa FAQs: Affidavits of Support (IV)

  1. Hello visatisfied, i just have a question, this confuses me so much, i’am divorsed with the japanese, and all i have in my possession is a Report of Divorce from the Embassy of the Philippines in Japan, and thats the paper works i submitted in the USCIS and now they approved our I 797. My question is, is my Report of Divorce from the Philippine embassy in Tokyo acceptable in my interview here in the American Embassy?

    • If your previous marriage ended by divorce, legal and/or civil documentation must be presented attesting to the termination of the marriage (e.g. a foreign divorce decree). For information on how to obtain a copy of the divorce decree from Japan, we suggest you visit this website: http://travel.state.gov/visa/fees/fees_5455.html?cid=8982. You may also wish to contact the Embassy of Japan in the Philippines for assistance regarding this matter at telephone numbers (02) 551-5710 and (02) 834-7514.

      • Thankyou very much. Now, i also have the koseki tohon ( Japanese Registry) of my ex-husband, where our divorce is recorded, is it alright to submit it in my interview insted of the divorce decree it self?
        Hope for your kind understanding.

        • You may present this document during your interview as proof of termination of your prior marriage. The consular officer will determine if any additional or updated documents are needed as the application is processed.

          • hello i just wanted to know how to overcome the public charge? i got refused last august 13, 2013 coz my fiance insufficient income tax. i send last august 14, 2013 his employment record for 2013, pay stubs in 2013 and employment letter from his boss stating his hourly income and annual. does this all enough to overcome? i trying to contact the us embassy manila but they did not back to me yet. i dont know if all the additional papers i send is a help or they need more papers. please help me. thank you!

          • Thank you for your interest in VISAtisfied Voyager. For specific information regarding your visa case, please send an email to IVManilaReplies@state.gov, with your complete name, 10-digit visa case number, and current contact information clearly indicated.

  2. Hello Visatisfied, Pls confirm if my fiancee got his own business does he needs W2 ? We got I134 , I864, Form 1040.
    Thank you

    • Liezel, if your fiance has his own business, he will probably not have a W2 form. You will need to present evidence to the Consular Officer of your fiance’s income by submitting the I-134, Form 1040, and any other documentation you have regarding his income.

  3. Hello VISAtisfied, I was asked to submit W2s, 1099 and Tax schedule from my joint sponsor for his most recent tax return. I only have is Form 1040 right now, is that enough? and will W2 and 1040 work?

  4. Hello Admin,

    I have a question about the Proverty Guidelines. I have seen the table and already know how to read it. My question is, the amount thats indicated on the Proverty Guideline, is it gross or net income? what should we indicate on the Affidavit of Support, the income before or after taxes?

    Thanks again for all your help on answering questions.

    • Thank you for posting a comment on VISAtisfied Voyager, U.S. Embassy Manila’s visa blog.

      The consular officer will review the petitioner’s gross income for a given year, as reported on his her latest tax return.
      For detailed information about the Affidavit of Support requirement and financial sponsorship guidelines, you may visit the U.S. Citizenship and Immigration Services (USCIS) website at: http://www.uscis.gov/portal/site/uscis.

  5. Hello ViSatisfied Voyager, my US citizen husband filed an I-130 to petition me. I will probably be invited for an interview at the Embassy two months from now. My husband does not meet the financial qualifications but he has relatives who are willing to sponsor me, can another person complete a separate affidavit of support to become a joint financial sponsor?

    • A petitioner of a family-based immigrant visa petition is legally required to file a Form I-864 as sponsor of the visa applicant. If the petitioner’s income is not sufficient to meet financial support guidelines, the applicant may provide the same set of documents from a joint sponsor. Although other family members may assume joint legal responsibility with the petitioner as co-sponsors of the intending immigrant, an Affidavit of Support from the petitioner must still be submitted on behalf of the applicant. Joint sponsors should also submit a Form I-864 and their most recent Federal income tax return.

  6. good day. may i aske where will i sent the documents after noa2 (affidavit of support, w2, paystubs etc) to the NVC or directly to my fiancee?

    thank you

    • Jeff, all case processing for Manila is generally done at the State Department’s National Visa Center (NVC). The NVC is responsible for the collection of visa processing fees and documentation including interview scheduling.
      You should contact NVC to ascertain the status of the petition. NVC’s mailing address is 32 Rochester Avenue, Portsmouth, New Hampshire 03801-2909, telephone number (603) 334-0700. Public inquiries can also be sent by email atNVCInquiry@state.gov.

  7. Hi,
    I would like to ask some questions regarding the I-134. I will have my interview on the 11th. We are worried because my fiance is unemployed right now but he’s working hard to find a job.

    He was receiving $685/week of unemployment for the first 6 months of being unemployed and it dropped to $587/week now. By the way he is 63.

    Our concern is, will the Embassy accept that my fiance doesn’t have a job right now but has assets that can be sold in one year ans is collecting unemployment? He doesn’t to retire either coz he wants to continue working until 72 or so,he just loves to work. Last year,he made over $50k working as an Occupational Health Nurse.

    He doesn’t want to have a family or friend to sponsor coz he believes that his assets,savings and stocks investment is enough to support our paperwork.

    I hope you can give me a good answer. Thank you so much.

    • Petitioners in fiancé(e) (K1) cases are generally expected to provide the adequacy of their own financial resources to ensure that an alien, after admission into the United States, will not become primarily dependent on the U.S. Government for subsistence.

      Joint sponsors in nonimmigrant visa cases are not legally bound to address the financial needs of the applicant. The simple submission of Form I-134 by a joint sponsor is, therefore, not always sufficiently credible to overcome the public charge provisions of Section 212(a)(4) of the Immigration and Nationality Act (INA).

      We may consider the petitioner’s assets to make up for any shortfall in his income. The assets may include, but are not limited to: (1) bank accounts showing sustained balance over time, (2) stocks and bonds indicating present cash value or expected earnings, and (3) personal property ownership and real estate investments in the form of a title deed or equivalent or certified copies. The assets must be available in the United States and must be readily convertible to cash within one year. However, if the income from these assets is derived from sources outside of the United States, a statement must be provided as to how the income is to be transferred to the U.S.

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