1. What is Form I-134 – Affidavit of Support?
Form I-134, Affidavit of Support, is a legal document used in immigration cases to show that a U.S. sponsor is willing and able to financially support a foreign national intending to visit the United States. By completing this form, the sponsor accepts responsibility for the visitor’s financial well-being during their stay in the U.S. The form serves as a promise to provide financial support if the visitor is unable to support themselves during their visit. It is often required for visa applications, especially for tourists and family visitors, to demonstrate that the visitor will not become a public charge while in the U.S. This form helps ensure that the visitor has the means to support themselves without needing government assistance while in the country.
2. Who is eligible to submit Form I-134?
Individuals who are petitioning for a family-based immigrant visa or a diversity visa can submit Form I-134 as a way to demonstrate that they will have the financial support necessary during their stay in the United States. Specifically, the following individuals are eligible to submit Form I-134:
1. U.S. citizens or lawful permanent residents who are sponsoring a family member for immigration.
2. U.S. citizens or lawful permanent residents who are sponsoring a fiance(e) for a K-1 visa.
3. U.S. citizens who are sponsoring a relative for a diversity visa.
It is important for the sponsor to meet the income requirements outlined in Form I-864P to ensure that they can financially support the immigrant during their time in the United States.
3. What documents are required to accompany Form I-134?
When submitting Form I-134, several documents are required to accompany the form to support the information provided. These documents include:
1. Proof of income: A copy of the sponsor’s most recent federal income tax return (Form 1040), W-2s, and other relevant income documentation should be included to demonstrate the sponsor’s financial ability to support the intending immigrant.
2. Employment verification: Supporting documents such as a letter from the sponsor’s employer, recent pay stubs, or a job offer letter may be required to verify the sponsor’s current employment status and income.
3. Financial statements: Bank statements, investment account statements, or other financial documents can be submitted to further substantiate the sponsor’s financial stability and ability to meet the financial obligations of the sponsored immigrant.
4. Proof of assets: If applicable, documents showing the value of the sponsor’s assets, such as property deeds, vehicle titles, or stock certificates, can be included to demonstrate additional financial resources.
5. Identity verification: A copy of the sponsor’s government-issued identification, such as a driver’s license or passport, is typically required to confirm the sponsor’s identity.
6. Any other relevant supporting documentation: Depending on the circumstances, additional documentation may be requested to strengthen the sponsor’s case and provide a comprehensive overview of the sponsor’s financial situation.
4. How long is Form I-134 valid for?
Form I-134, the Affidavit of Support for the United States, is typically valid for one year from the date of signing. This means that the Form I-134 is considered a current financial sponsorship commitment for a period of one year from the date it was signed by the sponsor. It is important for sponsors to ensure that the information provided on the Form I-134 remains accurate and up-to-date throughout this validity period in case it is requested by the U.S. authorities at any point during that year. It is also advisable for sponsors to keep a copy of the signed Form I-134 for their records, as well as any supporting documentation, to demonstrate their financial ability to support the sponsored individual if necessary.
5. Can a joint sponsor submit Form I-134?
Yes, a joint sponsor can submit Form I-134 as part of the sponsorship process for an intending immigrant to the United States. A joint sponsor is someone who is willing to also take financial responsibility for the immigrant along with the primary sponsor. Here are some key points to know about joint sponsors submitting Form I-134:
1. Joint sponsors must meet the same eligibility requirements as primary sponsors, including demonstrating sufficient income to support the immigrant.
2. Both the primary sponsor and the joint sponsor will need to fill out separate Form I-134s and provide their own financial documents to support the immigrant’s application.
3. By having a joint sponsor, the financial burden is spread between two sponsors, which can strengthen the overall sponsorship application.
4. Joint sponsors are typically used in situations where the primary sponsor’s income or financial situation alone may not meet the required thresholds for sponsorship.
In summary, a joint sponsor can indeed submit Form I-134 to help support an immigrant’s application for entry into the United States, provided they meet the necessary criteria and provide the required documentation.
6. What are the income requirements for the sponsor on Form I-134?
The income requirements for the sponsor on Form I-134 are set at 100% of the U.S. Department of Health and Human Services (HHS) Poverty Guidelines for the sponsor’s household size. The sponsor must demonstrate that their income is at least 100% of the poverty guidelines in order to be able to financially support the intending immigrant. It is important to note that if the sponsor’s income falls below this threshold, they may still be able to submit additional evidence such as assets, property, or a joint sponsor to meet the financial requirements of the form. Additionally, the sponsor must also provide proof of income in the form of pay stubs, tax returns, and employment verification letters to support the income amount stated on Form I-134.
7. Can assets be used to meet the income requirements on Form I-134?
Yes, assets can be used to help meet the income requirements on Form I-134. When the sponsor’s income alone does not meet the required threshold to sponsor a foreign national, assets can be utilized to supplement their income. This can include bank accounts, stocks, bonds, real estate, or any other tangible assets that hold value. However, it’s important to note the following considerations:
1. The assets must be easily convertible into cash within the U.S. or legally accessible assets within the U.S.
2. An asset valuation (such as a bank statement or appraisal) will be required to prove the value of the assets.
3. The assets must cover the difference between the sponsor’s income and the required amount to sponsor the individual.
4. The sponsor may need to provide evidence to demonstrate their ownership and accessibility to the assets.
8. What are the responsibilities of a sponsor who submits Form I-134?
When a sponsor submits Form I-134, they are taking on various responsibilities, including but not limited to:
1. Financial Support: The sponsor agrees to provide financial support to the sponsored individual to ensure they do not become a public charge in the United States.
2. Maintaining Contact Information: The sponsor must maintain a valid address and contact information on file with the U.S. Citizenship and Immigration Services (USCIS) in case any information or updates are required.
3. Notification of Changes: The sponsor is responsible for notifying USCIS of any changes in their circumstances that may affect their ability to support the sponsored individual, such as changes in income or employment.
4. Repayment Obligations: If the sponsored individual receives public benefits while the affidavit of support is in effect, the sponsor may be required to repay the cost of those benefits to the government.
Overall, submitting Form I-134 is a serious commitment, and sponsors must be aware of and fulfill their obligations to support the sponsored individual financially during their stay in the United States.
9. Can a sponsor withdraw Form I-134 after submission?
A sponsor can withdraw Form I-134 after submission under certain circumstances. Here is a detailed response to the question:
Once a sponsor submits Form I-134 to the U.S. Citizenship and Immigration Services (USCIS) or presents it to a consular officer during a visa interview, the sponsor may not be able to officially withdraw the form. However, there are considerations to keep in mind:
1. Notification: The sponsor should inform the intending immigrant and any relevant authorities promptly if there is a significant change in circumstances or if the support offered in the I-134 cannot be fulfilled as originally promised. This demonstrates transparency and allows the applicant to make alternative arrangements if needed.
2. Effectiveness: Withdrawing Form I-134 may not necessarily have a legal impact on a pending immigration application or visa, as the form is part of the supporting documentation submitted for consideration. However, failing to meet the obligations outlined in the affidavit of support could have consequences for the sponsor’s reputation and future sponsorship abilities.
3. Alternatives: If a sponsor wishes to no longer be financially responsible, they should seek legal advice on the appropriate steps to take and potentially explore the option of a joint sponsor or a substitute sponsor, depending on the specific circumstances of the case.
In conclusion, although formally withdrawing Form I-134 may not be possible, sponsors should communicate any changes in their ability to fulfill the obligations stated in the form and seek guidance on potential alternatives to mitigate any negative repercussions.
10. Can a permanent resident be a sponsor on Form I-134?
No, a permanent resident cannot be a sponsor on Form I-134. The Form I-134, Affidavit of Support, is specifically used for non-immigrant visa applicants to show they have financial support during their temporary stay in the United States. Permanent residents, also known as green card holders, do not have the ability to sponsor individuals for temporary visits under Form I-134. Permanent residents can, however, be sponsors for family members or individuals seeking to immigrate to the United States through other forms, such as the Form I-864 Affidavit of Support for family-based immigration applications.
11. Can a sponsor revoke their support on Form I-134?
Yes, a sponsor can revoke their support on Form I-134 under certain circumstances. Here are some key points to consider:
1. Change in Sponsor’s Circumstances: If the sponsor’s financial situation changes significantly after signing the Form I-134, such as losing a job or facing unexpected financial hardship, they may need to revoke their support.
2. Death of Sponsor or Beneficiary: If either the sponsor or the beneficiary of the Form I-134 passes away, the support can be revoked.
3. Termination of Sponsorship Agreement: In some cases, the sponsor and the beneficiary may mutually agree to terminate the sponsorship arrangement, in which case the support provided through Form I-134 can be revoked.
It is important for sponsors to carefully review the terms and conditions of the Form I-134 and consult with legal counsel if they are considering revoking their support to ensure compliance with applicable laws and regulations.
12. Can a sponsor provide support to multiple immigrants on Form I-134?
Yes, a sponsor can provide support to multiple immigrants on Form I-134. Here are some important points to consider:
1. Each immigrant must have their individual Form I-134 filled out and signed by the sponsor.
2. The sponsor’s financial ability to support each immigrant must meet the required income thresholds as set by the U.S. government.
3. It is important for the sponsor to ensure they can financially support each immigrant without causing themselves financial hardship.
4. The sponsor will be legally obligated to provide financial support to all immigrants listed on the Form I-134 if they become a public charge during their stay in the United States.
5. Providing support to multiple immigrants may increase the sponsor’s financial responsibilities and may require careful consideration of their ability to meet those obligations.
In summary, while a sponsor can provide support to multiple immigrants on Form I-134, they must ensure they can fulfill their financial obligations to all immigrants listed on the form.
13. What if the sponsor’s income does not meet the required threshold on Form I-134?
If the sponsor’s income does not meet the required threshold on Form I-134, there are a few options available:
1. Joint Sponsorship: The sponsor can seek assistance from a joint sponsor who meets the income requirements. The joint sponsor will need to complete a separate Form I-134 and provide their own financial documentation to supplement the main sponsor’s income.
2. Assets Verification: If the sponsor has significant assets such as savings, investments, or property, they can include documentation of these assets to demonstrate their ability to support the intending immigrant.
3. Debt-to-Income Ratio: Sometimes, if the sponsor has a high debt-to-income ratio, they can explain this in a separate letter and provide additional documentation to demonstrate their financial stability.
It’s crucial to provide as much information and evidence as possible to support the Form I-134 to maximize the chances of approval. If the sponsor’s income does not meet the required threshold, it’s essential to explore these alternatives to ensure the application is strong and convincing.
14. What if the sponsor has a co-sponsor on Form I-134?
When a sponsor has a co-sponsor on Form I-134, it means that there is another individual who is also willing to take financial responsibility for the sponsored immigrant. In this case:
1. Both the sponsor and the co-sponsor must each complete a separate Form I-134.
2. Each Form I-134 must clearly indicate who the sponsor and who the co-sponsor is.
3. The combined income and assets of the sponsor and co-sponsor will be considered when evaluating whether the financial requirements of Form I-134 are met.
4. It is important for both the sponsor and the co-sponsor to provide accurate and truthful information on their respective Form I-134s to avoid any issues or delays in the immigration process.
Having a co-sponsor can strengthen the overall financial support for the sponsored immigrant and increase the chances of the Form I-134 being approved.
15. Can a sponsor be held financially responsible beyond what is stated on Form I-134?
1. The sponsor of a visa applicant who has submitted Form I-134 – Affidavit of Support for the United States can potentially be held financially responsible beyond what is specifically stated on the form. While the Form I-134 is a legally binding contract between the sponsor and the U.S. government, it is not the only factor that is considered when determining financial responsibility.
2. In certain circumstances, the U.S. government may look beyond the information provided on the Form I-134 to assess whether the sponsor can truly support the visa applicant financially. Factors such as changes in the sponsor’s financial situation, the visa applicant’s actual financial needs, and the sponsor’s legal obligations in the U.S. can all influence the sponsor’s financial responsibility.
3. It is essential for sponsors to understand that submitting Form I-134 is a serious commitment, and they should be prepared to provide financial support to the visa applicant if necessary. Failure to fulfill this financial obligation can have legal consequences for the sponsor, so it is crucial to fully understand and comply with all the requirements outlined in the Affidavit of Support.
16. Can a sponsor’s spouse be included on Form I-134?
Yes, a sponsor’s spouse can be included on Form I-134 as a co-sponsor or as a household member. Including a spouse on the form can help strengthen the overall financial support being provided to the intending immigrant. When including a spouse on the form, certain criteria must be met:
1. The spouse’s income and assets can be included in the total household income to meet the minimum income requirement.
2. Both the sponsor and their spouse must sign the Form I-134 to indicate joint responsibility for the intending immigrant.
3. It is important to provide accurate and up-to-date information about the spouse’s financial situation to ensure that the affidavit of support is deemed credible by the U.S. authorities.
Overall, including a sponsor’s spouse on Form I-134 can enhance the chances of the form being accepted and can demonstrate a stronger financial commitment to the intending immigrant.
17. Are there specific guidelines for completing Form I-134?
Yes, there are specific guidelines for completing Form I-134, which is used as an affidavit of support for individuals seeking to come to the United States. Here are some key guidelines to keep in mind when filling out the form:
1. Ensure you are using the most current version of Form I-134, which can be found on the U.S. Citizenship and Immigration Services (USCIS) website.
2. Fill out all sections of the form accurately and completely. Any missing information or errors could lead to delays or denials in the processing of the application.
3. Be truthful and provide all necessary supporting documents as requested, such as proof of income, employment, and assets.
4. Sign and date the form where required. Unsigned forms will not be accepted.
5. Remember that by signing Form I-134, you are legally agreeing to financially support the individual coming to the U.S. if necessary.
Adhering to these guidelines will help ensure a smooth and successful submission of Form I-134.
18. Is Form I-134 required for all types of immigrant visas?
Form I-134, Affidavit of Support, is not required for all types of immigrant visas. It is typically required for nonimmigrant visa applicants who are seeking to enter the United States temporarily and need a sponsor to demonstrate that they will not become a public charge while in the country. However, for certain immigrant visa categories, such as immediate relative visas (spouse, child, parent of a U.S. citizen), the sponsor may need to submit Form I-864, Affidavit of Support, instead of Form I-134. The specific requirements for each visa category can vary, so it is essential to consult the U.S. Citizenship and Immigration Services (USCIS) website or seek legal advice to determine the appropriate form to submit for a particular immigration case.
19. Can Form I-864 be used instead of Form I-134?
1. Yes, Form I-864 can be used instead of Form I-134 in certain circumstances. Form I-864, also known as the Affidavit of Support Under Section 213A of the INA, is typically used in the context of family-based immigration petitions, such as when a U.S. citizen or permanent resident is sponsoring a family member for a green card. This form is a legally binding contract in which the sponsor agrees to provide financial support to the immigrant beneficiary, ensuring they will not become a public charge.
2. Form I-134, on the other hand, is often used in non-immigrant visa applications, such as visitor visas or certain employment-based visas, to demonstrate that the applicant has financial support while in the U.S. The key difference between the two forms is that Form I-864 is a more detailed and comprehensive document that carries greater legal obligations for the sponsor.
3. While Form I-864 is generally considered a stronger form of financial support for immigration purposes, there are instances where Form I-134 may still be acceptable or required depending on the specific visa category or consulate requirements. It’s important to carefully review the instructions and guidelines provided by U.S. Citizenship and Immigration Services (USCIS) or the U.S. Department of State to determine which form is appropriate for your situation.
20. Can Form I-134 be submitted electronically or does it have to be a physical copy?
Form I-134, Affidavit of Support, cannot be submitted electronically. It must be signed with wet ink and submitted as a physical copy. The original signature is required on the form, making it necessary to send it by mail or in person. It is important to follow the instructions provided by the U.S. Citizenship and Immigration Services (USCIS) on how to properly complete, sign, and submit the Form I-134. Make sure to double-check all information and include any necessary supporting documentation before sending the form to the designated address.