Affadavit of Support

Persons in the United States who desire to furnish sponsorship for an applicant in the form of an affidavit of support should use Form I-134, Affadavit of Support, available from the Immigration and Naturalization Service.
Sponsors may also elect to furnish a statement in the form of an affidavit sworn to before a notary public or other official competent to administer an oath, setting forth his or her willingness and financial ability to contribute to the applicant's support and reasons, in detail, for sponsoring the applicant.

The sponsor's affidavit should include:

1. Information regarding his or her annual income;
   
2. Where material, information regarding his or her other resources;
   
3. Obligations for the support of members of his or her own family and other persons, if any;
   
4. Other obligations and expenses;
   
5. Plans and arrangements made for the applicant's reception and support;
   
6. An expression of willingness to deposit a bond, if necessary, with the Immigration and Naturalization Service to guarantee that the applicant will not become a public charge in the United States; and
   
7. An acknowledgement that the sponsor is aware of his or her responsibilities under the Social Security Act, as amended, and the Food Stamp Act, as amended; that the affidavit will be binding upon to sponsor for three (3) years after entry of the named persons; and that the affidavit and supporting documentation may be made available to a public assistance agency. (The provisions of the above laws are contained in form DS-1858, Sponsor's Financial Responsibility Under the Social Security Act, and printed in Part III of the instructions for Form I-134).

The sponsor should include in the affidavit a statement concerning his or her status in the United States. If the sponsor is an American citizen the affidavit should include a statement about how United States citizenship was acquired. If naturalized, the affidavit should indicate the date of naturalization, the name and location of the court, and the number of the sponsor's certificate of naturalization. If the sponsor is an alien who has been lawfully admitted into the United States for permanent residence, he or she should state in the affidavit the date and place of admission for permanent residence and the alien registration number which appears on his or her Alien Registration Receipt Card.

To substantiate the information regarding income and resources the sponsor should attach two or more of the following items to the affidavit:

1. Notarized copies of his or her latest federal income tax return;
   
2. A statement from his or her employer showing salary and the length and permanency of employment;
   
3. A statement from an officer of a bank regarding his or her account, the date the account was opened, and the present balance;
   
4. Any other evidence adequate to establish financial ability to carry out his or her undertaking toward the applicant for what might be an indefinite period of time.

If the sponsor is well established in business, he or she may submit a rating from a recognized business rating organization in lieu of the foregoing. If the sponsor is married, the affidavit should be signed jointly by both husband and wife. Affidavits of support should be of recent date when presented to the consular officer. They are unacceptable if more than one year has elapsed from the date of execution. A sponsor may prefer to forward his or her affidavit of support directly to the consular office where the visa application will be made, in which event the contents will not be divulged to the applicant.

Instructions for the I-134

Execution of Affadavit
A seperate affidavit must be submitted for each person. You, as the sponsor, must sign the affidavit in your full, true and correct name and affirm or make it under oath. If you are in the United States, the affidavit may be sworn to or affirmed before an immigration officer without the payment of fee, or before a notary public or other officer authorized to administer oaths for general purposes, in which case the offical seal or certificate of authority to administer oaths must be affixed.
If you are outside the United States the affidavit must be sworn to or affirmed before a United States consular or immigration officer.

Supporting evidence
The sponsor must submit, in duplicate, evidence of income and resources, as appropriate.

A. Statement from an officer of the bank or other financial institution in which you have deposits giving the following details regarding your account:

1. date account opened
2. total amount deposited for the past year
3. present balance

B. Statement of your employer on business stationery, showing:

1. date and nature of employment
2. salary paid
3. whether position is temporary or permanent

C. If self-employed:

1. copy of last income tax return filed, or
2. report of commercial rating concern

D. List containing serial numbers and denominations of bonds and name of record owner(s).

I'm a part-time employee at a university as a student worker and I don't derive an annual income of a certain amount, I'm just an hourly worker. Should I simply put in response to question 7 "I derive an annual income of" the amount I earned last year?

How does a bond to do I-135 work? I have been sorta retired the last few years I have some assets. I show some income. What is that 125% income. I have a high credit rating. No liabilities. My family members all have a lot of assets but I hate to ask them for anything because this is my third marriage.

I got a question about this form.

Depending if my place of employment figures in my shift pay and normal over time pay (it's consistant each month... unless I take a vacation)... I'm going to be close, probably slightly, under the 125% poverty line.

Would they take into consideration child support? I get $550.00 a month in child support from the egg donor of my two kids. Would I put on the form that the kids are paritially dependent on me? Likewise, I believe Jay will be recieving child support for her daughter as well... would that be considered as well?

Anyone got thoughts on this one? Pretty please?

Darn it, I think I remember reading on an OLD archived thread that child support income can be used. I am using my child support, and that coupled with both my jobs and my savings puts me way over the 125% level. I'm trying to remember where I read that at....I know I did a search....I know I read somewhere that someone used theirs and they got their visa.

I'll keep searching...if I find it again I'll post the link to the thread.

I don't know how many will read this but I didn't think this little tidbit was worthy of it's own topic that might get lost soon I just thought it was interesting....I got it off of the London Embassy webpage (it applies only to London!!). This is regarding the submission of the I-134 for a K1 visa in London and the accompanying evidence to support it.

[You may submit] a statement from an officer of a bank regarding his or her account, the date the account was opened and the present balance.

I just thought this was interesting because it does not mention providing information on total amount deposited for the past year as is asked for on the I-134 itself. I only bring this up because my bank would not provide that information, I would have had to paid for statements for the past year and added up the numbers myself and I elected to not do this. I was worried this might hurt my application but obviously it did not because we got approved So, in the future if anyone going through London has a similar worry it seems that London does not ask for total amount deposited for the past year according to their webpage (but if you can get it easily I would say still do so just in case!).

Where I got the information: http://www.usembassy.org.uk/cons_new/visa/iv/faffidavit.html

The consulate in Vietnam requires the amount deposited for the last year. Some require it and some do not. My problem is trying to find out what the HCMC consulate in Vietnam requires for other I-134 evidence. It's impossible to get a clear picture.

Ok I need help... My joint-sponsor has lots of money in funds with Pacific Life for retirement, and she called and they say that she must use her statements, because they don't write up letters that are described above from Ewok. Are these acceptable or no? The statements will show the date that the accounts were opened, it will show all deposits/withdrawls and it will show a present balance. Please advise.

Thank you

I also got an e-mail from the consulate at Algiers...

Hi,



We accept Tax transcript from IRS. You should send your 2005 tax forms.



Sincerely,



Consular Assistant


I wonder if that means, they'll accept ALL 3 years as transcripts, or if it's ok for 2003 and 2004 to be transcripts, but for 2005 I have to have original forms...

i have a question about the notary portion of the form... it says sworn to me (AT) with a line to fill in.... is that to mean (AT) the county the notary is in???? i am trying to send it off this weekend to my husband and i need to have it notarized today before i leave work. thanks

I am on Social Security Disability due to a severe back injury. When I first sent in the petition I was worried about the I -134 and my ability to be a sponsor by myself. I could not find much information about this on Visa Journey or anywhere else. For those that are on SS Disability it can be used for basis of support for the I-134 affidavit of Support, if it is above the required amount set by the poverty guidelines. My son also gets benefits from social security because he is a minor living in my household, I was able to include this income also. Also I get child support which is court ordered with a withholding order signed by a judge. The money is taken by my ex's employer and payed to me. I was able to use this also. Ok, for the interview I used the original benefit award statements for mine and my son's benefits. I also used the new benefit statements we received in January 2006. I dont have to pay income tax on these benefits so I did not have tax returns. I emailed the embassy about this and they said to write a statement that explains why I do not have to file income tax. I wrote the statement and quoted some information from the Soc. Sec. website that explains why I do not have to file. I included a copy of the withholding order for child support. I had my bank letter with my deposits for one year. I included the last 12 bank statements that showed my benefits direct deposited into my account. It was all accepted by the embassy and we got our visa without a co-sponsor.

Meriem

I understand ans have all the documentation you have documented, but my question is on question 11 which reads;
That I intend do not intend to make specific contributuions to the support of the person(s) named in item 3. ( If you check "imtend", indicate the exact nature of the contributions. For example, if you intend to furnish room and board, state for how long and, if money, state the amount in United States dollars and state wether it is to be given in a lump sum, weekly or monthly, oor for how long)
Ok I am marrying the person(s) named in item 3, as in K-1 Visa. But I am not sure how long I will live to support her. So how do I answer this one Obi One, you are my only hope.

Check the example form: http://www.visajourney.com/examples/I-134-exp-04-30-07.pdf

I just did and it said this for question 11: N/A ( K1 visa process for permanent residence )

I'm not sure about that answer, this is what I put for mine: I checked intend and wrote: Room and board and living expenses for three years. My lawyer said that was acceptable. But now I'm starting to wonder about that. I have read many times through this site and have seen this particular advice given many times: Never use the answer NA so I wonder why it is used in the example form?

There's been a thread on which Yodrak and other VJers debated about it. Some people thought "No" was the best answer to be given, but Yodrak used a convincing argument so that the N/A answer would be a better one: http://www.visajourney.com/forums/index.ph...ibutions+I-134#

The I-134 was often used for those travelling to the US on a temporary basis, hence why that particular question when support was required to be shown for the temporary stay in the US. It is now often used in K visa nonimmigrant cases....the difference being that K visas are processed in much the same way as an immigrant visa as those entering on a K visa will be seeking immigrant status. The I-134 is also not legally binding. By the fact that an I-864 will be required when adjusting status, answering N/A (K1 visa process) for question 11 of the I-134 is acceptable.

Thank you for the clarification.

I don't dispute that I-134 may not be legally binding as the State Department themselves, through the FAM, state as much. Yet, if it's being interpreted as being not legally binding, then why do they continue to accept I-134's at all? Why not abolish it outright? Before some of you answer that it has been, that appears to be only at certain Consulates, other Consulates still readily accept them

I don't understand why they would accept an I-134 if it's been deemed not legally binding.

SirLancelot,

I-864 was created in the late 1990s by legislation to address the identified problem of immigrants not having a sponsor who could be compellled to provide support for the immigrant. The legislation did not address non-immigrants - they aren't going to be in the country for long, so not a major problem - so nothing changed for them.

Note that an I-134 is not a requirement for non-immigrant visas. It is optional at the discretion of the consular officer who is processing the visa application should the consular officer decide that it would be useful. In the case of K visa applicants who need a sponsor, which is most of them, it is (almost?) always asked for.

Yodrak

Yodrak.

Right. That makes sense. I-134 is not required is the key factor. That's why it's not binding.

Yodrak you're a pitbull but a pitbull with good logic.

Regards!

Hello everyone,
Our case has been reapproved after the IMBRA RFE. So, now I am trying to finish up the I-134 form to give to my fiance when I visit him in England next week.
I apologize if this has been asked and answered before but I have a couple questions..
First, I know I'm supposed to write a statement acknowledging that I am required to support him for 3 years, etc, etc, but are there any better guidelines/examples of that? I'm not quite sure what to write for it..
Second, for the question on the form that asks you to put monitary value to your assets.. what is it like a best guess of all your major possesions? like car, etc? I am not yet a homeowner so that question doesn't apply, what things should I count for my value of assets?
Thank you all in advance!

-Margot

Mew,

For the avoidance of confusion, while 'N/A' is better than 'No' (and appears to be acceptable, perhaps for historical reasons), Yodrak's feeling is that the best answer to the question is 'Yes'.

Yodrak

Okay, Yodrak. Let's keep this for further reference.

edited - found answer on another thread

i put N/A ( K1 visa process for permanent residence ) i haven't printed it out yet.... but i am thinking others have done it this way... ???? all we can say is HELP!!!!!

Michelle/Otman


1. Appointment letter.
2. Passport (valid till
3. Birth certificate (Original in Latvian and notarized translation)
4. 2 Photos
5. Police certificate
6. Affidavit of Support (see petitioners supplement package)
7. Form DS-230 Part I and II
8. Form DS-156 (2 copies)
9. Form DS-156K
10. Fee payment for a fiancée visa application $100
11. Proof of relationship with my fiancée:
- Petitioner and beneficiary letters of intent
- Proof from my fiancé latest visit 10.28.2006-10.03.2006 (airline tickets, cheks)
- Confirmation from hotel we stay
- Our photos together
- Fragments from chat history
- I-129F (see supplement - copy of full petitioners package)
12. Results of the medical examination

Michelle

As per the example form it is accepted to put N/A (K-1 visa process) or something similar. Read my post above for why it is acceptable.

What if you dont have a bank account? I don't have any insurance, health or life, I just started a new job in 8/2006? Will that matter? It pays about 35,000 annually. I just spent a lot of what I had saved on some crazy debt I had, cuz Idont wna tmy husband to have to worrry about that when he gets here. That all he talks about. but anyway, what to do?

No bank account? How are you paid? In Cash?

No I get paid with checks. I dont trust them. Had bad experiences with money disappearing, purchases from christian books stores and Im muslim, stuff like that. About 13 years ago, there was actually a large deposit made INTO my account. Do I need to mention how tempted I was to go make a withdrawl???? So I keep cash all the time, well credit cards and stuff like that.....

I have a quick question...
If my parents are the co-sponsors, where do I put their names? I fill out the I-134 form with my name? Where would I indicate that the income info belongs to a parent? We have different last names so it's not obvious or anything. Just a little confused as to who needs to fill out this form, me or a parent?
Many thanks in advance to anyone who can help!

They need to fill a seperate I-134 form. You will fill out one. They will fill out one. You'll be giving your SO TWO I-134 forms.

Oh, I see, two forms, thanks!!!
So on mine when it asks for employer info and money info, I would put n/a? and fill in zero's when it asks for bonds, bank account, etc?

Yes, if you don't have any of those, then that's what you'd fill in.

a million thanks!

Yodrak,

In a case such as this, does the petitioner even have to submit a I-134 at all? He essentially has nothing to submit via the I-134. Is it enough simply for his co-sponsors to submit the I-134? Thus his SO would only bring ONE I-134 (that of the co-sponsors) to the visa interview. OR, should the petitioner of the I-129F still submit one I-134 for himself, even though he essentially has nothing to show for on the I-134?

Thanks.

SirLancelot

This may assist in anwering the above question as well as others you may have.

9 FAM 40.41 N4.6-3 Use of Form I-134, Affidavit of
Support Under INA 213A
(CT:VISA-823; 07-14-2006)
a. With the required use of Form I-864, Affidavit of Support Under Section
213A of the Act, under INA 212(a)(4)© and INA 213A for so many
classes of immigrants, the use of Form I-134, Affidavit of Support, has
been reduced considerably. Nevertheless, there still are circumstances
when Form I-134 will be beneficial. This affidavit, submitted by the
applicant at your request, is not legally binding on the sponsor and should
not be accorded the same weight as Form I-864. Form I-134 should be
given consideration as one form of evidence, however, in conjunction with
the other forms of evidence mentioned below.
b. If any of the following applicants need an Affidavit of Support to meet the
public charge requirement, they must use Form I-134, as they are not
authorized to use Form I-864:
(1) The self-petitioning spouse of a deceased U.S. citizen, and any
children there from (see INA 204(a)(1)(A)(ii));
(2) The self-petitioning spouse of a U.S. citizen, and any children there
from, who has been battered by or subjected to extreme cruelty
perpetrated by the spouse (see INA 204(a)(1)(A)(iii) and (iv));
(3) Returning resident aliens;
(4) Diversity visa applicants; and
(5) Fiancé(e)s.
c. The simple submission of Form I-134, Affidavit of Support, however, is
not sufficient to establish that the beneficiary is not likely to become a
public charge. Although the income requirements of Form I-864, Affidavit
of Support Under Section 213A of the Act, do not apply in such cases
(i.e., the 125 percent minimum income, the need for three years income
tax returns), you must make a thorough evaluation of other factors, such
as:
(1) The sponsor's motives in submitting the affidavit;
(2) The sponsor's relationship to the applicant, (e.g., relative by blood
or marriage, former employer or employee, schoolmates, or
business associates);
(3) The length of time the sponsor and applicant have known each
other;
(4) The sponsor's financial resources; and
(5) Other responsibilities of the sponsor.
NOTE: When there are compelling or forceful ties between the applicant
and the sponsor, such as a close family relationship or friendship of long
standing, you may favorably consider the affidavit. On the other hand, an
affidavit submitted by a casual friend or distant relative who has little or no
personal knowledge of the applicant has more limited value. If the sponsor
is not a U.S. citizen or lawful permanent resident (LPR), the likelihood of the
sponsor's support of an immigrant visa applicant until the applicant can
become self-supporting is a particularly important consideration.
d. The degree of corroborative detail necessary to support the affidavit will
vary depending upon the circumstances. For example, for a relatively
short-term visitor, little, if any, would be required. In immigrant cases,
however, the sponsor's statement should include:
(1) Information regarding income and resources;
(2) Financial obligations for the support of immediate family members
and other dependents;
(3) Other obligations and expenses; and
(4) Plans and arrangements made for the applicant's support in the
absence of a legal obligation toward the applicant.
e. To substantiate the information regarding income and resources, the
sponsor should attach to the affidavit:
(1) A statement from an employer showing the sponsor's salary and
the length and permanency of employment;
(2) A copy of the most recent Federal income tax return as of the date
Form I-864 was signed;
(3) A statement from an officer of a bank regarding any accounts,
showing the date the account was opened and the present balance;
or
(4) Other evidence adequate to establish the sponsor's financial ability
to carry out the commitment toward the immigrant for what might
be an indefinite period of time.
f. If the sponsor has a well-established business and submits a rating from
a recognized business rating organization, you do not need to insist on a
copy of the sponsor's latest income tax return or other evidence.

http://foia.state.gov/masterdocs/09fam/0940041N.pdf

nouna,

A sponsor fills out their I-134 with their own information. If one or both of your parents is going to sponsor your fiance, that parent fills out an I-134. And provides appropriate supporting documentation and such other financial documents as may be requested by the consular officer.

Yodrak

Questions on Form I-134

Regarding residence: Do I put my current address in which I have been residing with my fiance in South Africa for the past 3 months, or my permanent USA address?

Question #7 I am currently a student at the University of Cape Town and therefore currently unemployed. Do I leave this question blank? Or put n/a? Do I need to include a letter explaining why I am unemployed, or just provide evidence of my registration with the Univ. at the interview? SHould I still include my annual income from my 2005 Federal Tax form?

Question #10 Should I include my fiance? Or is that obvious since this is who I am filing the I-134 for?

Question #11 I see there was some dicussion that an N/A should be put here and put K-1 Fiance, but do we check Intend or do not intend? He will be my husband so we will share everything.

Thanks for any answers,
Monica & Baruti

I am in dental school. I don't have any income at the moment, but I have access to student loans, because it is expected that I will be able to pay them off once I start practicing.

Do I have to have a sponsor for the I-134 form??

Any help would be appreciated. Thank you!

Haha... Of course you need a sponsor. Having access to a line of credit or loans doesn't mean you can repay it. Your student loan is neither income or assets, in fact it's a liability. I wonder if you have to disclose/report that student loan on the I-134.

Any comment on putting:

N/A ( K3 visa process for permanent residence )

I am going through a K3 visa and this seems appropriate based upon arguments in this thread

Considering that the K1 & K3 are both nonimmigrant visas, that would be sound reasoning

I'm a UK beneficiary of a US petitioner. My fiance would like me to ask you guys some questions about the I-134. they are as follows:

OK, so my fiance is currently unemployed, but her step-dad is going to be the co-sponser. I've read previous posts and I'm going to get them both to file an I-134 each. But on my fiance's form will she put me down for question 3? Then will her step-dad put my fiance down for question 3?

For question 7, what would "other personal property" be?

My fiance's step-dad pays a mortgage on his house, does he put down the value of the house in question 7 for "I own real estate valued at". Also what should he put for the part below that stating "With mortgage(s) or other encumbrance(s) thereon amounting to". The amount he pays each month, or the amount left to pay on the mortgage, or something else?

Should my fiance put me for question 10 and then her step-dad put her on his form? or me as well? or something else?

Both I think will need to put "N/A ( K1 visa process for permanent residence )" for question 11.

Regards,

Phil

Hi Everyone. I have an odd situation and I'm hoping someone can help. I'm going through the K-1 process even though my fiancee and I live together in China (I'm the petitioner, I know I should be doing a K-3 but or something else but that's a long story).

I've been making $30,000 a year here in China for the last 3 years, meaning that I clear the poverty line on the I-134 pretty easily, except of course, when (I hope) we get the visa and go to the US, I will be out of work. Fist question:

1. Is this going to count against us (I'm thinking it will)? Am I right in assuming that my earning potentialand the fact that I've had a good salary in China will mean nothing to Powers that Be since I'll be losing this job on arrival in America?

I've got a co-sponsor. My mother makes about $96,000 a year, has a house (where my fiancee and I will be living) with $300,000 of equity in it. Problem is, she's got about $30,000 in debt and the mortgage still has about $100,000 left to pay.

Next question:

2. Despite the debt, seems like my mother can beat the 125% above the poverty line but do I still have anything to worry about? I mean do you have to beat it by a certain margin before you can be considered to have a "lock" on meeting the financial critera for (co)sponsorship?

As this is a pinned thread, you are more likely to receive responses if questions are posted in its own thread in the main forum section.

Ok, thanks for the advice.

If I am applying with a co-sponsor... do I have have my taxes info and bank statement included in our petition...even if my application (AoS) is based on my co-sponsor's income... not mine?

Is co-sponsorship allowed for K1 visa in the philippines?

There is no co or joint sponsors with a K visa, period, regardless of the consulate. The I-134 is not like the I-864 where there is a provision for a joint sponsor. If an I-134 is requested by the consulate to assist the conoff to determine if the applicant will or wont become a public charge, only a sponsor is used. The most logical is the USC fiance/spouse, but if they do not meet the poverty guidelines a close family member or friend can be used.

See: 9 FAM 40.41 N4.6-3 Use of Form I-134, Affidavit of Support Under INA 213A (CT:VISA-823; 07-14-2006)
http://foia.state.gov/masterdocs/09fam/0940041N.pdf Take care when reading the entire document to distinguish between the sections on the I-134 and the I-864 (not used for K visas).