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 need public assistance, such as SSI, TANF, or food stamps. If the individual does receive assistance, the government may consider your income and assets for eligibility and could take legal action to recover costs. However, this affidavit is generally seen as “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.
Main differences between Form I-134 and Form I-864
The main differences between Form I-134 and Form I-864 revolve around their purpose, legal obligations, and the types of visas they support. Here’s a detailed comparison:
Purpose and Usage
- Form I-134: This form, known as the Affidavit of Support for Nonimmigrant Visa Applicants, is primarily used for individuals applying for nonimmigrant visas, such as tourist visas, fiancé(e) visas (K-1), or other temporary visitor statuses. It serves to demonstrate that the applicant has sufficient financial support during their stay in the U.S. without becoming a public charge.
- Form I-864: In contrast, the Affidavit of Support Under Section 213A of the INA is required for most family-based immigrants and some employment-based immigrants seeking permanent residency (green cards). This form is intended to ensure that the immigrant will not rely on government assistance and has adequate financial backing from the sponsor.
Legal Obligations
- Form I-134: This affidavit is not legally binding. It represents a statement of intent by the sponsor to provide financial support but does not create enforceable obligations under U.S. law.
- Form I-864: This form is a legally enforceable contract between the sponsor and the U.S. government. The sponsor is obligated to support the immigrant financially until they become a U.S. citizen, can be credited with 40 quarters of work (approximately 10 years), or leave the country permanently.
Financial Requirements
- Form I-134: The sponsor must demonstrate financial capability by showing that their income meets at least 100% of the Federal Poverty Guidelines for their household size. The requirements are less stringent compared to Form I-864.
- Form I-864: The sponsor must prove they can maintain an income of at least 125% of the Federal Poverty Guidelines. This higher threshold is designed to ensure that immigrants do not become dependent on public assistance.
Validity Period
- Form I-134: Validity is typically limited to the duration of the visa holder’s stay in the U.S., meaning it does not impose long-term obligations on the sponsor once the visitor leaves.
- Form I-864: This affidavit remains in effect until certain conditions are met, such as the immigrant becoming a citizen or accumulating enough work credits. The commitment is long-term and legally binding
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.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for a B-1 Business Visitor Visa or F-1 Student Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
