I-134 Affidavit of Support

[Mandy & Kevin 0]

Hello,

I need help, I can't seem to find the answer to this anywhere and it is not on the USCIS web site, except for the vague instructions on the Form.

I have only one person who can sign as a co-sponsor. She is very reluctant, as she does not want to become responsible for my spouse.

So my questions are. What actually constitutes becoming a Public charge? As long as Fiance' / wife is with me, she will have no need for Welfare / Govt. assistance.

If we did split before she became a resident, does she not face deportation?

If she leaves after she is a resident, that's her choice and wouldn't a divorce nullify the I-134?

And finally, She does not qualify for TANF, you have to have kids., she does not qualify for SSI as she has not disability of any kind, and if she chooses to leave, once again...that is her choice. So how coulf the co- sponsor be responsible in any of these cases to support her, unless we were still married and I financially fell on hard times?

From what i have gathered, this I-134, is a Tiger with no teeth and has no real Legal Standing in court. The form is not even notarized.

I'm just looking for good info. to tell my possible co-sponsor, to put her at ease and sign the form.

Any suggestions are welcome in advance.

Thanks,

Rose n' Kevin

[Dodi 69]

A divorce would not nullify the I-134. This is a legally binding document, and I believe the life of the document is 5 years, or until the immigrant becomes a citizen, whichever happens first.

To become a public charge would mean that the immigrant has applied for and been granted 'Means Tested Aid', which is basically welfare or public assistance of any kind.

An I-134 is NOT a 'Tiger with no teeth' as the federal and/or state government can hold the sponsor financially accountable if the immigrant becomes a public charge. They can seek reparations from the sponsor if this were to happen.

If it is as unlikely as you say for this to happen, then your sponsor should have no problems, however, this isn't something to be taken lightly. It CAN happen. If you were to fail to provide for your fiance due to a loss of job, if you were to become ill or hurt and be unable to provide for her, if you were to separate from your fiance and she were to seek public aid for ANY reason the government CAN and often WILL come after the sponsor for reparation.

Edited July 27, 2010 by Dodi

[Rebecca Jo 1,962]

No, the I-134 is not legally binding in any way.

It's the I-864 (filed for a status adjustment) that binds the sponsor.

[Dodi 69]

You need to go read the instructions and the form itself. The signature is binding.

However, even just taking into account your statement - if they file for a K1, they're going to have to file for AOS as soon as they get married. They'd need the I-864 then anyway.

[Rebecca Jo 1,962]

You need to go read the instructions and the form itself. The signature is binding.

However, even just taking into account your statement - if they file for a K1, they're going to have to file for AOS as soon as they get married. They'd need the I-864 then anyway.

No, Dodi, it isn't binding.

[Rebecca Jo 1,962]

Since it's Tuesday blast-from-the-past day, here's the skinny in a thread with some input from two who rocked.

http://www.visajourney.com/forums/topic/60692-what-is-the-difference-between-i-134-and-i-864/

[Tanya and Barry 59]

Some embassies don't even require the I-134. So, no, it is not binding.

[Dodi 69]

That person was obviously wrong too. Can you not even READ the form itself?

"4. This affidavit is made by me for the purpose of assuring the U.S. Government that the person(s) named in item (3) will not become a public charge in the United States.

5. I am willing an dable to receive, maintain, and support the person(s) named in item 3. I am ready and willing to deposit a bond, if necessary, to guarantee that such person(s) will not become a public charge during his or her stay in the United States, or to guarantee that the above named person(s) will maintain his or her nonimmigrant status, if admitted temporarily, and will depoart prior to the expiration of his or her authorized stay in the United States.

6. I understand that:

a. Form I-134 is an "undertaking' under section 213 of the Immigration and Nationality Act and I may be sused if the person named in item 3 becomes a public charge after admission to the United States; and

b. Form I-134 may be made available to any Federal, State of local agency that may receive an application from the person named in item 3 for Food Stamps, Supplemental Security Income, or Temporary Assistance to Needy Families;

c. If the person in item 3 does apply for Food Stamps, Supplemental Security Income, or Temporary Assistance for Needy Families, my own income and assetrs may be considered in deciding the person's application. How long my income and assets may be attributed to the person named in item 3 is determined under the statutes and rules governing each specific program."

At the signature portion:

"I acknowledge that I have read "Sponsor and Alien Liability" on Page 2 of the instructions for this form, and am aware of my responsibilities as a sponsor under the Social Security Act, as amended, and the Food Stamp Act, as amended..."

Sponsor & Alien Liability from Instructions:

"Under section 213 of the Act, if the person you are sponsoring becomes a public charge, the agency that provides assistance may be able to sue you to recover the cost of the assistance.

In addition to that provision, your income and assets may be combined with the income and assets of the person you are sponsoring in determining whether that person is eligible for Food Stamps, Supplemental Security Income, and Temporary Assistance for Needy Families."(With applicable citations removed)

This clearly states that the sponsor CAN BE SUED if the immigrant becomes a public charge. It is an AFFIDAVIT, and when executed it becomes BINDING. There is nothing you can show that would prove otherwise. Someone else's post here with no backup documentation doesn't mean anything.

What embassies don't require I-134? Every embassy/consulate that I've read about requires it.

Edited July 27, 2010 by Dodi

[Rebecca Jo 1,962]

Dodi, I'll give you some other links later from my home PC.

The I-134 is not legally binding.

Really.

What embassies don't require I-134? Every embassy/consulate that I've read about requires it.

Ciudad Juarez for one. The consulate in the Ukraine, for another.

[Penny Lane 8,159]

The Affidavit of Support is a legally binding document which may be enforced in Federal or State court, if the sponsored alien receives any means-tested public benefits.

Directly from USCIS.

Edited July 27, 2010 by Coconuts

[Rebecca Jo 1,962]

The Affidavit of Support is a legally binding document which may be enforced in Federal or State court, if the sponsored alien receives any means-tested public benefits.

Directly from USCIS.

Does USCIS adjudicate the I-134?

[Penny Lane 8,159]

Woops, my mistake. After some more research, it seems that JohnnyQuest is correct. I wasn't looking at the proper form number.

http://www.lawhelp.org/documents/1493917936.pdf?stateabbrev=/WA/

"The Affidavit of support form I-134 is not legally binding on the sponsor. This means that neither the sponsored immigrant nor the government can sue the sponsor to recover the cost of public benefits paid to the sponsored immigrant."

[Rebecca Jo 1,962]

Here's some more reading on this issue.

http://digital.library.unt.edu/ark:/67531/metacrs461/

[Nibake 4]

That was a fun discussion about whether the I-134 is legally binding. I agree that it isn't but I'm not an authority.

Remember that the I-864 remains valid as long as the supported immigrant lives in the US as a resident, not a citizen, and hasn't worked 40 quarters. That could mean forever. It's a very awkward position for a person to be put in, that is sponsoring someone else's spouse for life, but there is no way around it, unless you decide to wait until you make enough money yourself (Like Jacob, later Israel, who worked 14 years for his wife, hehehe) or unless you decide to go live in the beneficiary's country.

[payxibka 10,045]

moving thread to:

US Embassy and Consulate Discussion

This is the place to post your experiences or questions related to this last step before moving to the US. Topics relating to I-134's, packets sent from consulate and medical & police certificates should be posted here.