Whenever a friend or family member who does not have a multiple-use visitor visa is planning to visit the United States, sometimes you may have to help provide the financial guarantee necessary for the tourist visa. This article describes how to complete Form I-134, Affidavit of Support to apply for tourist or other non-immigrant visas when an alien wants to prove to the officers of the consulate of the United States or Customs and Border Protection that they can finance their trip and will not look for work in the United States.
The Importance
U.S. immigration law requires non-citizens seeking entry to the United States to prove they will not become a public charge, meaning they have sufficient funds to cover their expenses while in the country, including food, lodging, transportation, and emergency medical treatment and failure to do so can lead to visa denials or entry refusals.
To address this, citizens or lawful residents can vouch for the financial support of their foreign guests. This form can be presented at visa interviews or to CBP officials upon entry, assuring the visitor will not rely on public assistance during their stay.
Understanding the Risks and Enforceability
By signing this affidavit, you assure the U.S. government that the sponsored individual will not require public assistance, such as Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), or food stamps. Suppose the sponsored individual does receive such assistance. In that case, the government can consider your income and assets when determining eligibility and may pursue legal action to recover costs. Still, it is often considered “unenforceable” compared to Form I-864 for several reasons:
- Visitors to the U.S. are generally ineligible for most government-sponsored public assistance programs.
- Government agencies typically lack the resources and inclination to enforce the terms of Form I-134.
- The sponsor’s financial responsibility under Form I-134 is limited to the planned duration of the visit.
In essence, Form I-134 demonstrates to immigration officials that the sponsored noncitizen has a supportive friend or family member in the U.S. with a stable income willing to ensure their well-being during their stay.
Filling Out Form I-134: A Step-by-Step Guide
These instructions are based on the 10/18/2022 version of the form.
Part 1: Basis for Filing
Check the second box, indicating that you are sponsoring someone else.
Part 2: Information About the Beneficiary
Could you provide personal information about the noncitizen you are sponsoring? Most questions in this section are self-explanatory.
- For Question 5 (A-number), complete only if the visitor has been in the U.S., received a work permit, or been in deportation proceedings. If not, leave it blank.
- For Question 16 (anticipated length of stay), please make sure it doesn’t exceed six months to avoid raising questions.
- For Question 17 (income), enter “$0” unless the visitor has legitimate income sources in the U.S.
- For Question 18 (assets), enter details if required.
Part 3: Information About the Sponsor
As the sponsor, provide various details:
- Personal information, including your name, prior names (if applicable), mailing and physical address, and date and place of birth.
- Alien registration number (“A number”) if you are a green card holder.
- USCIS online account number, if applicable.
- Briefly explain your relationship with the visitor (e.g., friend or family).
- Provide additional information if you are not a U.S. citizen by birth or if you are a lawful permanent resident or nonimmigrant.
Part 3: Information About the Sponsor (Continued)
- Your job position, place of employment, and other employment-related information.
- Details about your income and assets. Ensure your income is at least 100% of the federal Poverty Guidelines for your family size and state of residence.
Part 4: Sponsor’s Statement, Contact Information, Certification, and Signature
This section outlines your responsibilities as the sponsor.
Document Checklist
Gather the necessary documents to support your affidavit of support:
Most recent federal income tax return, preferably an IRS tax transcript.
An employer letter on official company letterhead, including your date of hire, position, and salary.
Letters from financial institutions confirm your accounts.
Deeds or receipts for any assets you’ve listed.
Submission Process
Form I-134 should not be mailed to USCIS or any other government agency. Instead, send the original form to the sponsored noncitizen for inclusion with their visa application or to present at the U.S. consulate when applying for a B-2 visitor visa. Make sure the version you send contains your ink signature, as consulates may reject forms sent by fax or email.
After submitting Form I-134, await the approval of your friend or relative’s U.S. visitor visa or their entry into the U.S. under the Visa Waiver Program.
Completing Form I-134 can be a pivotal step in facilitating your foreign visitors’ trips to the United States. It demonstrates your commitment to their financial well-being and helps them navigate the visa application process more smoothly. By following these guidelines, you can ensure that your Form I-134 is accurate and effective, increasing the likelihood of a successful visa application for your guests. Remember, immigration matters can be complex, and seeking legal advice may be beneficial for specific situations.
