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.

ENTERLINE & PARTNERS CONSULTING

Ho Chi Minh City, Vietnam Office

Suite 601, 6th Floor, Saigon Tower
29 Le Duan Street
Ben Nghe Ward, District 1
Ho Chi Minh City, Vietnam

Tel: +84 933 301 488

Email: info@enterlinepartners.com

Facebook: Enterline & Partners – Dịch vụ Thị thực và Định cư Hoa Kỳ

YouTube: @EnterlineAndPartnersConsulting

Website: http://enterlinepartners.com

Manila, Philippines Office

LKG Tower 37th Floor

6801 Ayala Avenue

Makati City, Philippines 1226

Tel: +63 917 543 7926

Email: info@enterlinepartners.com

Facebook: Enterline and Partners Philippines

Website: https://enterlinepartners.com/language/en/welcome/

Categories: Immigrant Visa, Non-immigrant Visa

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

The Importance of the DS-160 Online Application When Applying for a U.S. Visa

Affiliated Job-Creating Entity, Job-Creating Entity And New Commercial Enterprise In The RIA

DOS to Suspend Immigrant Visa Applications from Seventy-Five Countries. Philippines and Vietnam Not Included in the Suspension

What is an Immediate Relative Under U.S. Immigration Law?

our services

contact us today for more information

Latest News

Form I-130 Checklist for Spouse: What Documents Are Needed in a Form I-130?

Filing a family based immigrant petition for a foreign spouse is one of the most commonly applied for U.S. immigration benefits. The Form I-130, Petition for Alien Relative (“Form I-130”), filed with the United States Citizenship and Immigration Services (“USCIS”) is used by U.S. citizens and lawful permanent residents (“Green Card Holders”) to establish a qualifying relationship with their spouse. One of the most common reasons for delays, Requests for Evidence (“RFE”), or denials is incomplete or improperly prepared supporting documentation. This guide provides clear and practical recommendations concerning Form I-130 documents helping couples understand what USCIS expects and how to prepare a strong filing. Understanding a Form I-130 for a Foreign Spouse The Form I-130 is not a visa application. It is a USCIS petition to prove that a valid marital relationship exists between the U.S. citizen or Green Card Holder and the foreign spouse. Once approved, the foreign

The Importance of the DS-160 Online Application When Applying for a U.S. Visa

The Importance of the DS-160 Online Application cannot be overstated for anyone applying for a U.S. nonimmigrant visa. Whether you are applying for a B-1/B-2 visitor visa; an F, M, or J student visa; or any temporary visa to the United States, the DS-160 is the foundation of your application and a major step in the U.S. visa process. This article explains why the DS-160 is essential, what information it collects, and how mistakes on this form can impact your visa application outcome. When applying for a U.S. nonimmigrant visa, the DS-160 is the official Online Nonimmigrant Visa Application form required by the U.S. Department of State. Consular officers use this form as the primary source of information to evaluate your eligibility and intent to travel to the United States. Because the DS-160 carries authoritative relevance in every nonimmigrant visa application, providing accurate and truthful information is crucial for your

Affiliated Job-Creating Entity, Job-Creating Entity And New Commercial Enterprise In The RIA

A number of key terms are defined EB-5 Reform and Integrity Act of 2022 (“RIA”). Herein we explain the terms “Affiliated Job-Creating Entity,” “Job-Creating Entity,” and “New Commercial Enterprise.” Understanding these definitions is essential for both investors and businesses involved in the EB-5 program. 1. New Commercial Enterprise A New Commercial Enterprise refers to a for-profit organization formed in the U.S. for the purpose of conducting lawful business activities and is receiving investment capital from foreign investors to participate in the EB-5 Program. This could include a wide variety of business structures, such as sole proprietorships, partnerships, registered companies, and others. The New Commercial Enterprise may be publicly or privately owned and receives capital investments from foreign investors. 2. Job-Creating Entity A Job-Creating Entity is any organization that is formed in the United States to conduct lawful business activities, regardless of the legal structure, similar to a New Commercial Enterprise.

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

CATEGORY

contact us today for more information

Latest News