When a non-US citizen applies for a tourist visa, K-1 fiancé visa, or another type of visitor visa, they must prove they have the funds to sustain themselves during their stay. Otherwise, they require proof of financial support from a current citizen or legal resident.
If this is your situation, you can have your US sponsor fill out Form I-134 Affidavit of Support to confirm their commitment to offering this support during your stay. If you have questions regarding your Form I-134, you can hire an immigration attorney at New Frontier Immigration Law to discuss your concerns in greater detail.
US citizens or lawful permanent residents—also known as green card holders— submit Form I-134 to show that their income is a minimum of 100% of the income level for their household family size based on the US federal poverty guidelines.
Note that this is not the document for sponsoring green card applicants. In that case, you would need Form I-864. Form I-134 is a more complex version of the Form I-864 Affidavit of Support, which will require the sponsor to show they have an income of at least 125% of the amount listed per household under the federal US poverty guidelines.
If you have concerns that these income limits may not be met in your case, you may be able to combine the income of other family members living in the same household by submitting Form I-864EZ.
Many sponsors wonder whether they will really have to pay money for those they sponsor after filling out Form I-134. In fact, the US consulate does have the authority to ask a sponsor to post a bond guaranteeing the immigrant will comply with the terms of their visa. This includes departing at the required time. At that point, the sponsor would receive their bond back.
It is important to note that the US consulate will only do so in cases where it deems such action necessary. If the person being sponsored receives government assistance of any kind in the United States, the US consulate or respective government agency can sue the sponsor for reimbursement of these funds. While enforcing this provision is far less common than you might think, that does not mean you should not take the risk seriously.
There are specific details and information you may need to know based on the type of visa application you need to file. Here’s more information based on whether you are a visitor visa applicant, a fiancé visa applicant, or a diversity visa applicant:
Visitor Visa Applicants
Be prepared to prove that you are not hiding your intent to remain in the United States beyond the time allowed based on your visa. You must also prove that you have enough money to cover your entire stay in the United States without working. If you were able to approve this, filling out Form I-134 may not be necessary.
If you have friends or family in the United States, these individuals can prepare Form I-134 and send it to you for presentation at your visa interview with the US consulate. Although it will not be accepted automatically, it will serve as proof that you are less likely to become a public charge.
Fiancé Visa Applicants
K-1 visas, also commonly referred to as fiancé visa applications, may require a Form I-134 by the US citizen petitioner. Be prepared to provide proof that the immigrant fiancé will not require government assistance or welfare programs during their initial 90-day stay on a fiancé visa.
Diversity Visa Applicants
Diversity visa applicants will need to prove that they are not inadmissible. Inadmissibility for US entry could be in regard to a criminal record, health concerns, or other types of records. You are more likely to be denied if you are considered a public charge or may require government financial assistance.
You may be able to overcome being deemed inadmissible if you have one or more of the following:
However, in the event you were deemed inadmissible, you may need to find a relative, family member, or friend who is a permanent resident or US citizen and is prepared to file a Form I-134 on your behalf.
If you have additional questions regarding what to expect from your visa application, you can discuss your concerns with your immigration attorney.
When your sponsor is filling out Form I-134 Affidavit of Support, there is specific information and documentation they should include, such as:
Form I-134 Affidavit of Support is an important supporting document for your non-US immigrant visa request. It’s critical that your sponsor completes these forms accurately and in full to avoid having your visa request denied.
Call to request a strategic session with our team at New Frontier Immigration Law. Our immigration attorneys can provide valuable legal guidance and support. You can reach us by phone or through our convenient contact form to get started.
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