April 25, 2023

What is an I-134 Affidavit of Support and How Is It Different from an I-864 Affidavit of Support?

Both an I-134 Affidavit of Support and an I-864 Affidavit of Support are legal documents used by U.S. consular officers to demonstrate an agreement to provide financial support for a foreign national within the U.S. immigration system. However, there are some notable differences between the two documents.

An I-134 Affidavit of Support is used for nonimmigrant visas, such as visitor or tourist visas, student visas, and K-1 fiancé visas. It may be used when the applicant cannot show sufficient financial resources to support themselves during their stay in the United States. The sponsor providing the I-134 Affidavit of Support must demonstrate that they have enough income or assets to support the visitor during their stay. While the income and assets are generally lower than those required for an I-864 Affidavit of Support because it is used for nonimmigrant visas, consular officers retain broad discretion whether to accept the Affidavit of Support and supporting documents during the visa adjudication process.

On the other hand, the I-864 Affidavit of Support is used for immigrant visas, such as family and employment visas. Unlike an I-134 Affidavit of Support, which may discretionary, the I-864 Affidavit of Support is a required document which is used to show that the sponsor has enough income or assets to support the immigrant as they establish themselves in the United States. In addition to having a higher income and asset requirement compared to an I-134 Affidavit of Support, the sponsor must provide proof of income or assets for the past three years, as well as evidence of current income such as IRS Form 1040 tax returns.

Another important difference between the two affidavits is the duration of the sponsor’s responsibility. For an I-134 Affidavit of Support, the sponsor is only responsible for period of temporary stay in the United States. However, for an I-864 Affidavit of Support, the sponsor is responsible for the immigrant’s support for the duration of their permanent residency and may be held liable for any public benefits.

For more information, contact us at info@enterlinepartners.com and speak with a U.S. immigration attorney in Ho Chi Minh City, Manila and Taipei.

Copyright 2023. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.

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Categories: Immigrant Visa, Non-immigrant Visa

Tags: Affidavit of Support, Form I-134, Form I-864

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