I-134 co-sponsor question

[Leo&Farah 0]

Quick questions regarding the I-134.

Does the co-sponsor need to provide proof of citizenship along with the required supporting docs for the I-134?

[payxibka 10,044]

Quick questions regarding the I-134.

Does the co-sponsor need to provide proof of citizenship along with the required supporting docs for the I-134?

They have to provide evidence that they meet the requirements of being a sponsor

Edited June 26, 2009 by payxibka

[Gary and Alla 3,694]

Quick questions regarding the I-134.

Does the co-sponsor need to provide proof of citizenship along with the required supporting docs for the I-134?

Proof that they are a citizen or LPR, yes.

[Leo&Farah 0]

What proof of citizenship is required for the co-sponsor?

Birth certificate, drivers license, passport? Will a drivers license suffice? My fiance's father is co-sponsoring but I don't wanna impose anymore than we actually have to with documentation since he's already supplying tax transcripts, forms etc.

[Anh map 2,098]

US birth certificate or passport will work. Green card is acceptable. Drivers license will not. Check the form instructions for acceptable proof.

[JimVaPhuong 4,863]

Unless I'm missing something, neither the I-134 nor the instructions for the form specifically state that the sponsor or joint sponsor must be a US citizen, nor even a legal permanent resident. In fact, the I-134 even gives the following option for the person signing the document:

e. If a lawfully admitted nonimmigrant, give Form I-94, Arrival-Departure Document number...

So, it would seem from this that anyone legally in the US, even if only temporarily, could sign the form. Whether the consulate would accept a visitor to the US as a co-sponsor is another story...

Also, nowhere on the form or the instructions could I find any indication that proof of citizenship or legal residence was required to be submitted with the form.

Is this another consulate-specific issue with the I-134?

[Anh map 2,098]

Wow, it doesn't specifically say to supply proof of USC, LPR, or valid I-94.

But would you expect the document to be accepted without it?

I wouldn't chance the delay caused by an RFE on it.

[JimVaPhuong 4,863]

Wow, it doesn't specifically say to supply proof of USC, LPR, or valid I-94.

But would you expect the document to be accepted without it?

I wouldn't chance the delay caused by an RFE on it.

No, it doesn't specifically say to supply any such proof, unless (as I said) I missed it. But the instructions for the I-134 are very vague compared to the I-864 instructions. I think USCIS may have done this intentionally, since the I-134 is meant only for pre-screening visa applicants. This gives each consulate some latitude in what they require to be included with the form.

For instance, the I-134 form and instructions also don't state what the minimum income level is, and the FAQ on the USCIS specifically says that the minimum income level for the I-134 is 100% of the poverty level, but many (most?) consulates are known to require 125%. The I-134 form and instructions also don't specifically state what the multiplier is for assets, but I've seen many people state that it's 3X the current value of the asset.

By contrast, the I-864P specifically states the income level required for each household size, and the I-864 form specifically states that the multiplier for assets is 5X the current value. The I-864 is also very specific about who may be a sponsor or co-sponsor, what sort of assets may be included, under what conditions incomes may be combined, and what documents are required with the form.

This is why I think the I-134 is not much more than a cover letter for the financial evidence.

As far as whether the form would be accepted without proof of legal status for a co-sponsor, I think perhaps it might be accepted at a low fraud consulate, especially if you include other 'official' documents like tax transcripts. I think they're just looking for some evidence that you'll provide a co-sponsor with adequate income when it's time to submit the I-184. On the other hand, HCM would probably laugh at you if you gave them an I-134 without any proof of identity and legal status.

[payxibka 10,044]

Wow, it doesn't specifically say to supply proof of USC, LPR, or valid I-94.

But would you expect the document to be accepted without it?

I wouldn't chance the delay caused by an RFE on it.

1 & 2 above... #3 certainly would not work as if you are a USC or an LPR you would NOT have a valid I-94

[Gary and Alla 3,694]

Unless I'm missing something, neither the I-134 nor the instructions for the form specifically state that the sponsor or joint sponsor must be a US citizen, nor even a legal permanent resident. In fact, the I-134 even gives the following option for the person signing the document:

e. If a lawfully admitted nonimmigrant, give Form I-94, Arrival-Departure Document number...

So, it would seem from this that anyone legally in the US, even if only temporarily, could sign the form. Whether the consulate would accept a visitor to the US as a co-sponsor is another story...

Also, nowhere on the form or the instructions could I find any indication that proof of citizenship or legal residence was required to be submitted with the form.

Is this another consulate-specific issue with the I-134?

It is somewhat consulate specific and they have wide latitude since it is a temporary support document. Some consulates are not even requiring any financial information, some do not allow co-sponsors at all. The instructions for the I-134 are very broad and vague, and as you have said Jim, it is basically a cover letter for the supporting documents. Most consulates consider the requirements for the I-864 in reviewing the I-134, except incomes cannot be combined on the I-134. The wild card is that it is purely a judgement call on the consulates part.

Something for the OP and others to consider...you will have to supply an I-864 with the adjustment of status, it is best if you can simply cover that requirement with the same co-sponsor/joint-sponsor unless you expect some drastic change in your ability to support the intending immigrant in the next few months. It does no good to split hairs on the I-134 and then need another sponsor for the I-864.

[Leo&Farah 0]

Something for the OP and others to consider...you will have to supply an I-864 with the adjustment of status, it is best if you can simply cover that requirement with the same co-sponsor/joint-sponsor unless you expect some drastic change in your ability to support the intending immigrant in the next few months. It does no good to split hairs on the I-134 and then need another sponsor for the I-864.

Well to clarify the situation, technically my fiance can support a household of 4 now when there is only 2 of us, 125% above 2009 poverty guidelines and next month, he will be able to support a household of 7. The problem is, he only recently started the job last August, 2008. So as per requirement of 3 years tax returns for AOS, he will not have them and only have 2008 (and even 2008 doesnt show his full annual income since he only worked 4-5 months there that year). I suspect at AOS, we will try to go solo without a co-sponsor and use pay stubs, and/if we do AOS around tax time next year, use 2009 tax return as well, while jotting down a letter as to why he has no tax returns for 2007 and 2006 (no substantial income). It will be easier to amend the situation with a co-sponsor then, since I will be stateside already.

The reason we include a co-sponsor here as backup in this situation is, he is coming down for the interview and we have every intention of making sure I get on that plane with him on his way back. So rather than them asking for a co-sponsor due to the insufficiency of his tax return proof and him having to fly back, mail the co-sponsor documents to me and then I fly there, we are thinking ahead of time and have it ready to whip out if the situation calls for it.

Just to answer why there would exist a situation where a co-sponsor is needed for K1 and not for AOS. Merely as backup to ensure we get on that plane together.

[rebeccajo 14]

There is no requirement for three years of income tax returns with the I864.

[Leo&Farah 0]

Well I could swear the I-134 was treated as a mini I-1864 so it was advised to include 3 years tax returns. I read the instruction forms on the latter and it says

The following items must be submitted with Form I-864:

For ALL sponsors:

A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statementand/or evidence describing why you were not required to file. Also include a copy of each and every Form 1099,Schedule, and any other evidence of reported income. You may submit this information for the most recent three taxyears , pay stub(s) from the most recent six months, and/or a letter from your employer if you believe any of theseitems will help you qualify.

I guess its not mandatory but common practice for the past three years. I'm not sure why it's stressed on other threads that 3 years is required though, how confusing!

[rebeccajo 14]

Well I could swear the I-134 was treated as a mini I-1864 so it was advised to include 3 years tax returns. I read the instruction forms on the latter and it says

The following items must be submitted with Form I-864:

For ALL sponsors:

A copy of your individual Federal income tax return, including W-2s for the most recent tax year, or a statementand/or evidence describing why you were not required to file. Also include a copy of each and every Form 1099,Schedule, and any other evidence of reported income. You may submit this information for the most recent three taxyears , pay stub(s) from the most recent six months, and/or a letter from your employer if you believe any of theseitems will help you qualify.

I guess its not mandatory but common practice for the past three years. I'm not sure why it's stressed on other threads that 3 years is required though, how confusing!

Because other threads are wrong. The rule changed three years ago. I have no idea how this "myth" continues to perpetuate itself.

For those of you discussing the document, it is helpful to understand that the I-134 is the old affidavit used by the INS/DOS prior to 1997. As such, it is not a "screening document for visa applicants" nor was it designed with some specific intent to be "different" from the I-864. Rather it was replaced with the I864, the new affidavit that had teeth to new code laid down in 1996.

[Leo&Farah 0]

Thank you for shedding some light into this.

If that is indeed the case, this is very good news! We won't need a co-sponsor for sure during AOS and won't have to trouble his dad further.

Still gonna keep the co-sponsor option there for the K1 just in case, because his latest tax returns don't accurately portray his full annual income. Neither does his W2. But just in case, they are not satisfied with his latest pay stubs and letter from employer, we'll have it ready.