Affidavit Of Support I 134 Template for the United States
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What is a Affidavit Of Support I 134?
The Affidavit of Support I-134 is required when a foreign national seeks temporary admission to the United States and needs to prove they won't become a public charge. This document is commonly used for tourist visas, student visas, and certain exchange programs. The affidavit requires detailed financial information from the sponsor, including income, assets, and tax information, and creates a legally binding obligation. Unlike its counterpart Form I-864, the I-134 is specifically designed for temporary stays rather than permanent immigration. The document must comply with USCIS requirements and federal immigration regulations, and sponsors must meet specific income thresholds based on current Federal Poverty Guidelines.
Frequently Asked Questions
Is Form I-134 Affidavit of Support legally binding in the United States?
Yes, Form I-134 creates a legally binding obligation under federal immigration law, specifically Section 213A of the Immigration and Nationality Act. Once signed, you are legally responsible for financially supporting the foreign national and preventing them from becoming a public charge. This obligation remains enforceable even if your relationship with the beneficiary changes.
How long does Form I-134 Affidavit of Support remain valid?
Form I-134 does not have a specific expiration date, but it should be as current as possible when submitted with the visa application. USCIS generally expects the financial information to be recent, typically within six months of filing. The sponsor's financial obligations continue throughout the beneficiary's authorized stay in the United States.
Can USCIS deny a visa application if Form I-134 is missing or incomplete?
Yes, missing or incomplete Form I-134 documentation frequently results in visa denials under the public charge provisions of immigration law. Consular officers require complete financial evidence to determine if the foreign national will likely become a public charge. Insufficient documentation often leads to requests for additional evidence or outright denial of the visa application.
How does Form I-134 differ from Form I-864 Affidavit of Support?
Form I-134 is used for temporary visitors (tourists, students, exchange visitors) and creates a moral obligation, while Form I-864 is required for permanent residence applications and creates a legally enforceable contract with stronger financial penalties. Form I-864 involves longer-term obligations and potential government reimbursement requirements that Form I-134 does not impose.
How much income must I show on Form I-134 to meet federal requirements?
Federal guidelines require sponsors to demonstrate income at least 125% of the Federal Poverty Guidelines for their household size, including the beneficiary. The exact amount varies by household size and is updated annually by the Department of Health and Human Services. Additional assets can substitute for income using a 5-to-1 ratio under federal regulations.
Can I be held financially responsible if the person I sponsor overstays their visa?
While Form I-134 creates financial responsibility during authorized stay, enforcement becomes complex if the beneficiary overstays their visa and loses legal status. The sponsor's legal obligations under the affidavit technically continue, but practical enforcement by government agencies varies. Overstaying can also affect future immigration applications for both parties.
Should I include joint bank accounts when calculating assets on Form I-134?
You should only include your ownership share of joint accounts when calculating assets, and you must be able to prove your portion through bank statements or other documentation. Federal regulations require clear evidence of asset ownership and availability. Include documentation showing you have legal access to withdraw funds and that they're not encumbered by other obligations.
About the Affidavit Of Support I 134
The Affidavit of Support I-134 is a critical immigration document that creates a legally binding financial commitment when you sponsor a foreign national's temporary visit to the United States. This form demonstrates to USCIS that your sponsored visitor has adequate financial support and will not rely on government assistance during their stay. Understanding the proper completion and legal implications of this document is essential for successful sponsorship.
When do you need this document?
You need an Affidavit of Support I-134 when sponsoring foreign nationals applying for temporary visas to the United States. This includes B-2 tourist visas where consular officers require proof of financial support, F-1 student visas when the applicant lacks sufficient personal funds, J-1 exchange visitor programs requiring sponsor documentation, and K-1 fiancé visas during the initial application process. The document is also required when embassy or consulate requests additional evidence of financial support during visa interviews, or when the intended visitor's personal financial resources appear insufficient to cover their planned stay.
Key legal considerations
Signing the I-134 creates significant legal obligations under federal immigration law that extend beyond simple financial assistance. You become legally responsible for reimbursing government agencies if your beneficiary receives means-tested public benefits, though this obligation is generally not enforceable through court action for temporary visitors. The document requires accurate disclosure of your income, assets, and household size, with false statements constituting perjury under federal law. Your financial commitment continues until the beneficiary departs the United States, changes status, or becomes a U.S. citizen. Additionally, you must meet specific income requirements typically set at 125% of the Federal Poverty Guidelines, and the affidavit may affect future immigration sponsorships if your financial circumstances change.
Legal requirements in United States
Under the Immigration and Nationality Act Section 213A and 8 CFR 213a regulations, sponsors must be U.S. citizens or lawful permanent residents who meet minimum income thresholds based on current Federal Poverty Guidelines. You must provide comprehensive financial documentation including recent tax returns, W-2 forms, pay stubs, and bank statements to verify your ability to support the beneficiary. The completed I-134 must include your sworn declaration under penalty of perjury, proper notarization in some jurisdictions, and submission within the validity period specified by the requesting agency. USCIS Policy Manual Chapter 6 governs processing requirements, and consular officers evaluate the totality of circumstances including your relationship to the beneficiary, previous sponsorship history, and overall credibility of the financial support commitment.
GOVERNING LAW
Applicable law
This Affidavit Of Support I 134 is drafted to comply with United States law. Key legislation includes:
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