Form I-134 is the form for an Affidavit of Support. This form is required with all K nonimmigrant visa applications. K visas are for the fiancé(e)s (K-1), children of fiancé(e)s (K-2), and spouses (K-3) of U.S. citizens when the applicant intends to travel to the United States and adjust status to green card holder (or permanent residence).
Affidavit of Support
United States immigration law denies any visa or green card applications where the applicant may become a public charge (become financially incapable of supporting oneself so that he/she becomes dependent on government assistance). Because of this, it is required that most visa or green card applicants have a U.S. citizen or permanent resident sponsor.
The sponsor, who is usually the petitioning relative of the applicant, must file an Affidavit of Support for the visa or green card applicant. The document signifies that the sponsor is financially responsible for the applicant. It is legally enforceable and valid until the applicant either becomes a U.S. citizen or can be credited with 40 quarters of work (approx. 10 years).
Affidavit of Support Form
The I-134 Affidavit of Support form is required only for K visa applicants. K visa applications include:
- K-1: Visa for Fiancé(e)
- K-2: Visa for children of K-1 Visa holder
- K-3: Visa for Spouse
The I-864 Affidavit of Support is required for the following immigration visa applications:
- Family-based Immigrant Visas:
- IR-1: Spouse of a U.S. Citizen
- IR-2*: Unmarried Child under 21 years of age of a U.S. Citizen
- IR-3*: Orphan Adopted Abroad by a U.S. Citizen
- IR-4: Orphan to be Adopted in the United States by a U.S. Citizen
- IR-5: Parent of a U.S. Citizen who is at least 21 years old
- (F1) Family First Preference: Unmarried sons and daughters of U.S. citizens and their minor children.
- (F2) Family Second Preference: Spouses, minor children, and unmarried sons and daughters (age 21 and over) of U.S. permanent residents.
- (F3) Family Third Preference: Married sons and daughters of U.S. citizens, and their spouses and minor children, provided the U.S. citizens are at least 21 years of age.
- Employment-based Visas only when a relative files the immigrant visa petition or when the relative has a 5 percent or greater ownership interest in the business that filed the petition
*The only immigrant visa applications that do not require an I-864 Affidavit of Support are:
- IR-3, provided the child will be admitted to the United States while still under the age of 18 and will reside in the United States in custody of the adoptive U.S. citizen parent.
- IR-2, provided the child will be admitted to the United States while still under the age of 18 and will reside in the United States in custody of the adoptive U.S. citizen parent.
- IR-2, a child born to a parent who is now a U.S. citizen, provided the child will be admitted to the United States while still under the age of 18 and will reside in the United States in custody of the adoptive U.S. citizen parent.
What is an affidavit of support?
An Affidavit of Support is a document signed by an individual stating that he/she accepts financial responsibility for another person. In the case of U.S. immigration, an Affidavit of Support is often signed by the U.S. citizen or permanent resident who is sponsoring his/her relative to come to the United States.
Affidavits of Support are legally enforceable and are usually valid until the petitioned is naturalized as a U.S. citizen or can be credited with 40 quarters of work (approx. 10 years).
What is a public charge?
For the purposes of immigration, a public charge means that the person is primarily dependent on the government for subsistence. This includes welfare assistance such as Supplemental Security Income (SSI), Medicaid, or Temporary Assistance for Needy Families (TANF). This may also include long term government institutionalization such as for mental illness.
The likelihood of an immigrant becoming a public charge is determined with each visa application. Factors such as age, health, family status, assets and resources are used to make this determination. Affidavits of Support are important determining factors as well. They are often required as a part of the visa or green card application.
What is Form I-864?
Form I-864 is also an Affidavit of Support Form. It is the form required by the Department of State in all family-based immigration petitions and some employment-based immigration petitions. It is only required for employment-based immigration petitions when a relative files the immigrant visa petition or when the relative has a 5 percent or greater ownership interest in the business that filed the petition.
I-864 or I-134?
Form I-134 is the Affidavit of Support form used only for K nonimmigrant applications when the beneficiary will be coming to the United States permanently and will adjust status to permanent resident once in the United States. The I-134 Affidavit of Support requires the U.S. sponsor's income be 100 percent of the federal poverty guideline.
Form I-864 is the Affidavit of Support form used for all family-based immigrant applications and some employment based immigrant applications. The I-864 is used for both domestic adjustment of status applications and consular processing (permanent resident applications filed abroad).The I-864 Affidavit of Support requires the U.S. sponsor's income be 125 percent of the federal poverty guideline and the most recent year's tax return.