Form I-134, Affidavit of Support

October 12, 2015 by Yuri Sincero Leave a Comment

When coming to America under a “K” visa, your petitioner must complete an affidavit of support.

There are two kinds of affidavits of support for a k1 visa applicant:  I-134 and I-864.  I-134 is for k1/k3 going to the US Embassy.  I-864 is for k1/k3 visa holders who are IN the United States going for permanent residency.  Here is a breakdown of the I-134, Affidavit of Support.

Form I-134, Affidavit of Support is required for certain visas:

(1) Returning resident aliens (SBs);

(2) Diversity visa applicants (DVs);

(3) Fiancé(e)s (K1s or K3s)

The purpose of i134 is to show that visa applicants have sponsorship and will not become public charges while in the United States.  “Public Charge”  means that an alien, after admission into the United States, is likely to become primarily dependent on the U.S. Government for subsistence.  Specific examples would be receipt of public cash assistance for income maintenance:

(1) Supplemental security income (SSI);

(2) Cash temporary assistance for needy families (TANF), but not including supplemental cash benefits or any non-cash benefits provided under TANF

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(3) State and local cash assistance programs that provide for income maintenance (often called “general assistance”).

These types of income are also known as “means tested”.  A means test is a determination of whether an individual or family is eligible for government assistance, based upon whether the individual or family possesses the means to do without that help.  This type of income cannot be counted toward a petitioners income for caring for an alien beneficiary.

The simple submission of Form I-134, Affidavit of Support, however, is not sufficient to establish that the beneficiary is not likely to become a public charge. Although the minimum income requirements of Form I-864, do not apply in such cases (e.g., the 125 percent minimum income amount which is only required by the I-864), you must make a thorough evaluation of other factors, such as:

(1) The sponsor’s motives in submitting the affidavit;

(2) The sponsor’s relationship to the applicant (e.g., relative by blood or marriage, former employer or employee, schoolmates, or business associates);

(3) The length of time the sponsor and applicant have known each other;

(4) The sponsor’s financial resources;

(5) Other responsibilities of the sponsor

The sponsor must file a separate affidavit for each applicant.