Evidence of financial sufficiency during a foreigner’s stay in the United States is required for the visa application to be approved.
During the visa application, the U.S. Citizenship and Immigration Services (USCIS) is the government agency that confirms if the foreign national will be a financial burden (Public Charge) to the U.S. and if the alien is likely to become primarily dependent on the federal government for subsistence.
For this reason, the Foreign Fiancé(e) may be required to show evidence that they have enough money to support themselves or that the U.S. citizen can provide support.
Hence, the filing of a Form I-134 Affidavit. This form is one of the immigration forms that can be presented as proof of financial capacity at the visa interview. Form I-134 is submitted by the U.S. citizens willing to financially support foreign visitors to enter the U.S. on a nonimmigrant visa (K-1 or K-2).
Form I-134, “Declaration of Financial Support,” was previously known as Form I-134, “Affidavit of Support.”
What is Form I-134?
Form 134 is an Affidavit of Support required when sponsoring visa applicants (temporary visitors or K1-K2) to demonstrate their refusal to become government public charges.
In that case, the I-134 form shows that the visa applicant is being sponsored and financially supported by a U.S. citizen, removing the risk of them becoming a public charge that is a financial burden to the U.S. government.
A separate form will be submitted on behalf of each beneficiary if the sponsor supports more than one.
Tell me the purpose of a Form I-134
The form’s sole purpose is to allow U.S. Citizenship and Immigration Services (USCIS) to determine whether the applicant or, in this case, the foreign fiancé(e) visa applicant has sufficient financial resources or financial support to cover expenses during the temporary stay.
The U.S. citizen petitioner, who in most cases is the sponsor, must demonstrate that they have adequate financial resources and access to those funds to support the foreign visitor listed on Form I-134 for the duration of the beneficiary’s stay in the U.S.
Types of Evidence to Provide
Evidence that U.S. citizens meet the financial requirements to sponsor a foreign national is required. Failure to provide evidence demonstrating this will result in the affidavit of support being denied or rejected; proof of sufficient income is germane. The following documents are acceptable:
1. Bank accounts statement with the account’s opening date, total amount deposited in the past year, and present balance.
2. An employer letter from the sponsor’s employer indicates claimed income, length of employment, and whether it is a temporary or permanent post.
3. Alternatively, the last federal income tax return could serve as proof for self-employed individuals.
4. A list of bonds’ serial numbers, denominations, and record owner names (s).
The evidence must demonstrate that the sponsor’s earnings exceed 100 percent of the federal poverty line.
Unless the instructions specifically state that an original document must be submitted, only photocopies of these documents should be submitted to the USCIS.
Requirements of an Eligible Sponsor
The following are the requirements for becoming a Form I-134 sponsor:
- Must be a U.S. citizen or a holder of a green card
- You must earn at least 100 percent of the Federal Poverty Level for your household size, which is the minimum income requirement in the federal poverty guidelines.
- Must be willing to support the person or people being sponsored financially
- Be willing to provide USCIS with proof of financial income.
It should be noted that signing the form binds the sponsor, and the U.S. government can enforce it in court if need be.
Step-by-Step Instructions: Form I-134 Affidavit of Support
The I-134 form is a critical determinant factor in admitting the foreign visitor to the United States and counts during the adjustment of status to permanent resident. As earlier stated, this form clearly shows the sponsor’s/US citizen’s ability to support the foreign national.
There is a requirement to be well-versed in how to complete the form in its entirety.
However, the I-134 form and instructions are available online on the USCIS page.
Part 1: Basis for Filing
If the form is filled out by the beneficiary or on their behalf, it should be stated in this section.
Part 2: Information about the Beneficiary
The beneficiary’s information is requested in the second section of the form. The beneficiary’s name, mailing and physical address, birth date, nationality, marital status, income, length of stay, and every asset are included in part 2.
Regardless of whether the assets are held in or outside the U.S., the approximate total value of all investments should be listed in U.S. dollars. Also, only assets, including personal property that can be converted into cash within 12 months and that will be used to support the beneficiary while the beneficiary is in the United States, should be listed.
Part 3: Sponsor’s Statement, Contact Information, Certification, and Signature
Part 3 of the form should include information about the sponsor agreeing to support the beneficiary named in Part 1 financially.
The name, physical address, immigration status, employment information, financial information of the sponsor, assets, financial responsibility for other beneficiaries, if any, and intent to provide specific contributions to the beneficiary are all required.
The asset to be listed includes money in banks and checking accounts with investment companies holding. Listing the asset can help strengthen the income requirement. as well.
Part 4: The Statement, Contact Information, Certification, and Signature of the Beneficiary
Part 4 of the Form is only available to the beneficiary who fills out Form I-134. The beneficiary statement, certification, and signature are all included.
It is essential to read the penalties section of Form I-134 before signing this section.
Part 5: Contact Information, Statement, Declaration, and Signature of the Person Preparing this Affidavit, if Other Than the Sponsor
Part 5 must be completed by someone filling out the form on behalf of the beneficiary. The information of the individual agreeing to financially support the beneficiary statement, as well as contact information, certification, and signature, should be filled out.
Part 6: Interpreter’s Contact Information, Certification, and Signature
Part 6 requests the interpreter’s information if any was used during the form’s completion. The full name, mailing address, contact information, certification, and signature of the interpreter should be provided.
Part 7: Contact Information, Declaration, and Signature of the Person Preparing this Declaration
Part 7 requests for the preparer’s information if it was prepared by someone other than the individual agreeing to support the beneficiary financially.
Part 8: Additional Information
Part 8 includes more columns to accommodate the inclusion of more data.
An extra sheet can also be attached with the alien registration number at the top of the sheet.
Note: Before deciding on an application or petition, the USCIS may request an interview or biometric data at any time to confirm identity, gather more information, and carry out background and security checks, including a review of criminal history records kept by the Federal Bureau of Investigation (FBI).
Documents containing information in a foreign language must be presented with a complete English translation. The translator must certify in writing that the translation was done accurately and that they are qualified to do so. The translator’s signature, printed name, signature date, and contact information should all be included on the certificate.
The U.S. Citizenship and Immigration Services will confirm the form’s completeness after submission. Then the USCIS or the Department of State may request additional information or evidence to support the declaration.
Original copies of the evidence may be ordered, and the same will be returned once the USCIS no longer requires it. The decision will be communicated to you in writing by (USCIS) while the sensitive or confidential information will be kept.
Frequently Asked Questions
#Does a K-1 visa need an Affidavit of support?
In general, no one in the K Nonimmigrant visa category is required to submit an Affidavit of Support. There is no need to present an affidavit of support for a K-1 fiancé(e) visa when filing Form I-129F.
The form will be filed when the fiancé(e)/ spouse or child adjusts his status as a lawful permanent resident after arriving in the United States.
#What is the difference between Form I-134 and I-864?
Both are affidavits of support, but they are not the same. Form I-134 is a declaration of financial support form commonly used in nonimmigrant visa cases to demonstrate that the visa applicant will not become a public charge and can obtain financial support from the sponsor in the United States. The sponsor of I-134 must have a minimum income of 100% of the U.S. poverty level.
Form I-864, on the other hand, Most family- and employment-based immigrants use this form to demonstrate that they have adequate financial support and are unlikely to rely on government assistance. When sponsoring a green card applicant, the I-864 sponsor must have a 125 percent minimum income requirement of the Federal Poverty Guidelines.
#Who can fill out Form I-134?
U.S. citizens and lawful permanent residents can sign Form I-134 (green card holder). Additionally, one must be prepared to meet the demands of a sponsor.
#How much is the application fee?
Form I-134 does require an application fee.
#Is there a penalty for falsifying information?
If information is knowingly and willfully misrepresented or concealed, or a false document is submitted with Form I-134, USCIS will deny the application.
Furthermore, legal penalties will be enforced, and criminal prosecution may be pursued. Any other immigration benefit sought by the beneficiary may be denied.
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