Navigating the U.S. immigration process can be daunting, particularly when it comes to providing financial support for a visa application. One critical aspect of this process is selecting the appropriate financial affidavit of support, which demonstrates a sponsor’s ability to support the immigrant financially. The two primary forms used for this purpose are the I-134 and the I-864. Understanding the differences between these forms is essential for a successful visa application.
In this comprehensive guide, we will delve into the specifics of the I-134 and I-864 affidavits of support, helping you make an informed decision when sponsoring an immigrant’s visa application.
I-134 Affidavit of Support Overview
The I-134, also known as the Declaration of Financial Support, is typically used for non-immigrant visa applications. This form is suitable for visas such as fiancé visas (K-1), visitor visas (B-1/B-2), student visas (F-1), or exchange visitor visas (J-1). The primary purpose of the I-134 is to assure the U.S. government that the visa applicant will not become a public charge during their stay in the United States.
Key Features of I-134:
Non-binding Agreement The I-134 is a non-binding declaration, meaning that while it demonstrates the sponsor’s intent and ability to support the visa applicant, it is not legally enforceable. This makes it less stringent compared to the I-864.
Duration of Support The financial responsibility under the I-134 is limited to the duration of the applicant’s stay in the U.S. Once the visa holder completes their visit or program, the obligations of the sponsor end.
Financial Evidence Sponsors must show proof of their financial capability to support the applicant. This includes providing evidence such as employment letters, bank statements, and asset documentation. There are no specific income thresholds, but sponsors must prove they have sufficient resources to support the visa applicant.
I-864 Affidavit of Support Overview
The I-864, or Affidavit of Support Under Section 213A of the Immigration and Nationality Act, is required for most family-based and some employment-based immigrant visa applications. This form is a legally binding contract between the sponsor and the U.S. government, ensuring that the immigrant will not rely on public assistance.
Key Features of I-864:
Legal Obligation By signing the I-864, the sponsor commits to supporting the immigrant financially at a level above 125% of the federal poverty guidelines. This obligation continues until the immigrant becomes a U.S. citizen, works for 40 quarters (approximately 10 years), or leaves the U.S. permanently. The commitment is legally enforceable, meaning the sponsor can be held accountable if the immigrant receives means-tested public benefits.
Income Requirements The I-864 has strict income requirements. Sponsors must demonstrate their income meets or exceeds 125% of the federal poverty guidelines based on household size. If the sponsor’s income is insufficient, they can use assets or the income of a joint sponsor to meet the requirements. This ensures that the sponsored immigrant has adequate financial support and will not depend on public welfare programs.
Joint Sponsorship If a single sponsor does not meet the income requirements, they can enlist the help of a joint sponsor. Both sponsors’ incomes can be combined to meet the financial thresholds, but both are equally liable for the support obligations.
Detailed Comparison: I-134 vs. I-864
Understanding the nuances between the I-134 and I-864 is crucial for choosing the right form for your sponsorship needs. Here are the primary differences and considerations:
Purpose and Use
- I-134: Used for non-immigrant visas (temporary stay), such as fiancé, visitor, student, and exchange visas.
- I-864: Used for immigrant visas (permanent residence), primarily family-based and some employment-based visas.
Legal Enforcement
- I-134: Non-binding; serves as a good faith promise of financial support.
- I-864: Legally binding; enforceable by the U.S. government to ensure the immigrant does not become a public charge.
Duration of Obligation
- I-134: Limited to the duration of the applicant’s stay.
- I-864: Until the immigrant becomes a U.S. citizen, works for 40 quarters, or permanently leaves the U.S.
Income Requirements
- I-134: No specific income threshold; sponsors must demonstrate sufficient financial resources.
- I-864: Must meet 125% of federal poverty guidelines; allows for joint sponsors if the primary sponsor’s income is insufficient.
Documentation and Process
- I-134: Requires basic financial documentation, such as bank statements and employment verification.
- I-864: Requires detailed financial documentation, including tax returns, pay stubs, and proof of assets.
Choosing the Right Affidavit of Support
Selecting the appropriate affidavit of support depends on several factors, including the type of visa, the sponsor’s financial situation, and the level of commitment the sponsor is willing to undertake.
Visa Type
Determine the visa category you are sponsoring. Non-immigrant visa applications, such as those for fiancés, visitors, or students, typically require the I-134. Immigrant visa applications for family members or certain employment categories require the I-864.
Legal and Financial Commitment
Consider your willingness to assume a legally binding financial responsibility. The I-134 is suitable for those preferring a non-binding commitment limited to the applicant’s stay. The I-864 is for those ready to undertake a longer-term, enforceable financial obligation.
Meeting Income Requirements
Assess whether your income meets the necessary thresholds. If sponsoring an immigrant visa and you do not meet the income requirements for the I-864, you may need a joint sponsor or to supplement your income with assets.
Conclusion: Ensuring Successful Sponsorship
Choosing the right financial affidavit of support is a critical step in the visa sponsorship process. Understanding the differences between the I-134 and I-864 forms, and evaluating your financial eligibility and willingness to commit, will help ensure a smooth and successful sponsorship.
Frequently Asked Questions
Can I switch from an I-134 to an I-864 if my visa category changes?
Yes, if your visa category changes from a non-immigrant to an immigrant visa, you will need to switch from an I-134 to an I-864 affidavit of support.
What happens if my financial situation changes after submitting the I-864?
If your financial situation changes significantly after submitting the I-864, you may need to provide updated financial information to USCIS, and you might consider adding a joint sponsor to meet the income requirements.
Can multiple sponsors sign the I-134 or I-864 for the same applicant?
Yes, multiple sponsors can sign the I-864 if needed, but only one sponsor typically signs the I-134. However, a co-sponsor can provide additional financial support if required.
How long does the financial responsibility last under the I-864?
The financial responsibility under the I-864 lasts until the immigrant becomes a U.S. citizen, works for 40 quarters (10 years), or leaves the U.S. permanently.
Are there any penalties for not fulfilling the obligations under the I-864?
Yes, there can be legal consequences, including being sued by the U.S. government or the sponsored immigrant, for failing to fulfill the financial obligations under the I-864.
Do I need to notarize the I-134 or I-864 forms?
No, the I-134 and I-864 forms do not require notarization but must be signed and submitted with supporting documentation.