For anyone coming to the U.S. on a nonimmigrant visa, you must fill out form I-134 affidavit of support. The sponsor completes this form to guarantee their income to be available to the intending immigrant. In this post, we’ll learn exactly how to fill out form I-134 affidavit of support.
One reason an immigrant can be found inadmissible is if they are at risk of becoming a public charge. So, what does this mean exactly? It means if there is a possibility of you needing government welfare, your visa may be denied under the public charge grounds of inadmissibility.
But, here’s the catch…
When you fill out form I-134, is not legally binding which means that the U.S. government can’t actually enforce this in court. So, technically you are guaranteeing your income but there really isn’t any consequences if the beneficiary gets public assistance.
The I-134 is an 8 page form that will ask for the sponsor and beneficiary information as well as details on your dependents and household size. You’ll need to have all your financial information available such as your annual income, checking/savings amount, investments, real estate, etc.
If your income is enough to meet 125% of the poverty guidelines, then you wont need to include the sum of cash and assets on this form.
Difference Between Form I-1344 and I-864?
Both the I-134 and I-864 affidavit of support are a contract between the sponsor and the U.S. government to guarantee that the beneficiary will be financial supported in the United States.
One major difference between the two form is the income requirement.
- To fill out form I-134 requires that you meet 100% of the poverty guideline.
- To fill out form I-864 requires that you meed 125% of the poverty guideline.
A sponsor is usually the main petitioner on the visa application but a joint sponsor can also be used if the sponsor’s income isn’t enough to meet the requirements above.
- Sponsor must be the person who filed the visa petition for the intending immigrant.
- If the sponsor can’t meet income requirement, they can include income from a joint sponsor.
- If sponsor dies, a substitute sponsor may sign this form.
- If using a joint sponsor, the joint sponsor may sign this form.
- By signing this form, the sponsor agrees to financially support the beneficiary.
- The sponsor needs to submit taxes and W2’s or provide a reason for not filing taxes.
2017 USCIS Income Requirements
Before you fill out form I-134, you’ll need to know whether you meet the income requirements to sponsor your the beneficiary. If you do then, you can fill it out alone but if your income is short then you’ll need to find a joint sponsor.
Note: not all consulates allow joint sponsors for nonimmigrant visas such as the K1 fiance visa.
In some cases, you can also use the beneficiary’s income to help you meet the requirement but there are restrictions. Another option when you don’t make enough is using assets instead of income. Assets must be liquid (easily convertible to cash) and can include investments, rental properties and cash in the bank.
|100% Poverty Guideline
Active duty in the U.S. Armed Forces
|125% Poverty Guideline
For all other sponsors
How To Fill Out Form I-134 Affidavit of Support
It’s important to know exactly how to fill out form I-134 so that it’s not rejected by the National Visa Center. All questions must be answered even ones that don’t apply to you. If there is a question that doesn’t apply, be sure to type “NA” where you can.
This tells the USCIS that you didn’t simply forget to asnwer the question but instead, it didn’t apply to your situation.
Part 1. Information About You
Questions 1a – 1c: Enter the petitioner’s full name.
Questions 2a – 2c: If you (petitioner) have ever changed your name, enter the name you used to go by.
Questions 3a – 3i: Type the petitioner’s current mailing address. This can be an address used just to receive your mail.
Question 4: If your mailing address is the same as your physical address such as your home, select Yes. If not, select NO and complete question 5.
Questions 5a – 5h: Type the petitioner’s physical address if it’s different than question 4.
Question 6. Enter the petitioner’s date of birth.
Questions 7a – 7b: Enter the city and country where the petitioner was born.
Question 8. If the petitioner as previously immigrated to the US and has an alien registration number, enter it here. Otherwise leave this blank.
Questions 9. Enter the petitioner’s social security number.
Question 10. If the petitioner has created an account on uscis.gov to make payment on their previous visa. Enter the account number here, otherwise leave this blank.
Question 11: If the petitioner is NOT a US born citizen, complete this section by checking the box that describes how you became a US citizen.
Part 1. Information About You
Questions 11c – 11e: If the petitioner is NOT a US born citizen, complete this section by checking the box that describes how you became a US citizen.
Questions 12: Enter the petitioner’s age in the box provided and the date they have lived in the US continuously.
Part 2. Information About The Beneficiary
Questions 1a – 1c: Type the beneficiary’s full name.
Question 2. Enter the beneficiary’s date of birth.
Questions 3: Select the beneficiary’s gender.
Question 4. Enter the beneficiary’s Alien Registration number. You can find this on any letters that USCIS has sent you regarding the visa petition you submitted.
Questions 5. Enter the country of citizenship of the beneficiary.
Question 6. Select the marital status of the beneficiary. If you are applying for the K1 fiance visa, remember to select “single” since you are not married yet. For all other types of visa, select any one the status below.
Question 7: Enter the relationship the beneficiary has to the petitioner. In the example below, the I-134 is being filled out for the fiance of a US citizen.
Questions 8a – 8h: Enter the beneficiary’s physical address abroad or in the US if there are here.
Questions 9a – 11: If you’re filling out this form for the K1 visa, put “NA” for the question on current spouse. You (the sponsor) completing this affidavit is considered the spouse but you don’t need to include yourself here. Remember, the I-134 is also used to sponsor someone on other nonimmigrant visas such as a tourist visa.
Questions 12a – 17: Enter the names of the beneficiary’s children. It doesn’t matter whether they will also be coming to the US. You must include all of their biological and adopted children.
Part 3. Other Information About The Sponsor
Questions 1a – 1b: Enter your job title, name of employer or whether you are self-0employed. If you are unemployed you can simply put “unemployed” for question 1a. and leave the employer name blank. If you are a student, enter “student” and the name of the school.
Question 2a – 2h: Enter the address of the place that you currently work. If you are unemployed or a student simply put “NA”.
Questions 3: Enter your current annual income. If you are an hourly employee, be sure to calculate what you would make before tax for an entire year. If you are self-employed you must also send in last years tax return (preferably tax transcripts from the IRS).
Question 4 – 7b: Answer these questions if you don’t make enough to meet the income requirement and will be using assets to make up the shortfall. These are voluntary questions so even if you’re using a joint sponsor, you are not required to include the value of your assets on this form.
Questions 8a – 9d: This questions is also voluntary if you’d like to use assets to meet the income requirement. Enter the current value of your real estate. If you own more than one property, include the total value for all of them as well as the debt against them. Then use the additional space on page 8 for all of the addresses.
Question 10a – 15: You must include all dependents in your household as well as children that do not live with you but are dependent on your income. To be sure you include everyone, make sure that you add all dependents that are on your tax return.
Alright, we are now half way to fill out form I-134 and the rest of the form is pretty straight forward. Click on the link below to be taken to part 2 of the affidavit.