Affidavit of Support: Form I-134 or Form I-864

Which Affidavit of Support Do You Need?

Affidavit of Support Form I-134 is used for Affidavit of Support Form I-864 is used for
  • Sponsoring an Immigrant Applying for U.S. Visa
  • Sponsoring K-1 Visa (Fiancée Visa)
  • Sponsoring K-3 Visa (Spousal Visa)
  • Sponsoring Family Based Green Cards
  • Sponsoring Employment Based Green Cards

About Affidavit of Support

Affidavit of Support Form I-134 Affidavit of Support Form I-864

Form I-134 is for individuals seeking to "sponsor" an immigrant applying for a U.S. visa. This form shows that individuals applying for a visa have an adequate amount of sponsorship and will refrain from becoming "public charges" if approved to reside in the U.S. This form is filled out and filed at the start of the visa application process. It should be noted that a sponsor must fill out a separate form each person applying for a visa.

The form requires proof of financial ability to sponsor an immigrant, including copies of bank statement, paycheck stubs, income tax returns, investment or bond information or any other financial resources to show an ability to assist the person being sponsored via this form.

There is no filing fee for Form I-134; however, without a signature, the form will summarily be rejected and rendered invalid, so it is important to sign this form upon submission. Also note that the USCIS may request additional information and/or an interview pertaining to the information on the form. This form is used for class K-1 (fiancée visa) and K-3 (spousal visa) cases for non-immigrants that plan to reside in the U.S. permanently. Form I-134 spans two pages and is not legally binding.

Form I-864 is also geared towards sponsors willing to claim financial support for immigrants entering the country, with the intent of keeping immigrants from utilize the public assistance programs available in the U.S. This is the form of use for family-based immigrants as well as immigrants seeking visas for employment purposes.

Another key difference between this form and I-134 is that this one is a legally-binding contract between the sponsor and the U.S. government to provide a certain level of financial support for an immigrant. It is filled out and submitted during the status adjustment portion of the process.

This form is more enforceable by the U.S.government; in fact, it should be noted that if the immigrant ends up in need of public assistance, the agency forced to render said assistance may have the right to sue the person stipulated on this sponsor form as a result because the lack of support will be considered a breach in contract. Form I-864 spans several pages and requires greater detail in terms of proof of financial stability.

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