Form I-134, officially known as the Affidavit of Support, is a document used in United States immigration law to demonstrate that a person will not become a public charge. This form is typically filed by a U.S. citizen or lawful permanent resident who wishes to sponsor a foreign national for a visa or adjustment of status. The affidavit establishes a financial commitment, indicating that the sponsor will provide necessary support for the intending immigrant should they require it.
Understanding the Purpose of Form I-134
U.S. immigration authorities require proof that a sponsored individual will maintain financial stability. The primary function of the I-134 is to alleviate this concern by holding the sponsor legally responsible for the immigrant's well-being. This responsibility generally lasts until the immigrant becomes a U.S. citizen, accumests 40 qualifying work credits, or leaves the United States permanently.
Who Can File This Affidavit
Not every individual is eligible to complete this form. Only specific sponsors are permitted to file an I-134. These sponsors include:
U.S. Citizens
Lawful Permanent Residents (Green Card holders)
Furthermore, the sponsor must generally prove they have sufficient income or assets to support the household size listed on the form, including the sponsored immigrant.
Common Scenarios for Submission
You will often encounter this document in family-based immigration cases. It is frequently used when a U.S. citizen petitions for a spouse, parent, or child. Additionally, it plays a role in certain employment-based petitions where a company requires a financial guarantee. The form helps ensure the sponsored individual has a financial safety net upon arrival.
Financial Requirements and Evidence
Meeting the financial threshold is a critical step in the process. Sponsors must provide recent tax returns, pay stubs, or bank statements to verify their ability to support the household. The income must be at least 125% of the Federal Poverty Guidelines for the specific state of residence. Acceptable evidence is key to preventing delays in the application.
Legal Consequences and Responsibilities
Signing the I-134 is a serious legal obligation. If the sponsored immigrant receives certain means-tested public benefits, the sponsor may be required to reimburse the government. This reimbursement obligation, known as the "sponsor's lien," underscores the long-term financial responsibility assumed by signing this affidavit.
Difference Between I-134 and I-864
While serving the same purpose, these forms are used for different immigration processes. The I-134 is the historical form used for non-immigrant visas and some adjustment of status cases. The I-864 is the current form used specifically for immigrant visa applications processed through the National Visa Center. Both establish an Affidavit of Support, but the context of the application determines which one is required.
Filing the Form and Processing
Applicants usually submit this form at a U.S. embassy or consulate during the visa interview stage or alongside an application for adjustment of status. Processing times vary depending on the service center or embassy handling the case. It is essential to submit the most recent version of the form to avoid rejection due to procedural errors.
