Form I-134 — Complete Guide & Instructions

Type I-134, Affidavit of Assist is required when desirous to sponsor a visa applicant (short-term customer visa or K1/K2 visa) in an effort to exhibit that they won’t change into a “public cost” to the federal government. There have been a couple of definition variations of what it means to be a public cost. Through the Trump administration, the rule was interpreted extra broadly in scope as a method to restrict the eligibility for people to acquire inexperienced playing cards and visas. On March 9, 2021, the Division of Homeland Safety acknowledged they’d not be utilizing the Trump administration’s public cost rule anymore. U.S. Citizenship and Immigration Providers (USCIS) eliminated content material associated to it from their kinds and now the general public cost statute from the 1999 guideline is getting used as an alternative. USCIS has utilized that model of the rule to all petitions/functions submitted or postmarked on or after Feb. 24, 2020.

What’s an I-134 Type used for?

Mainly, the I-134 Type is an Affidavit of Assist which demonstrates to the federal government that the visa applicant is being sponsored and will probably be financially supported by somebody in america, eliminating the danger of them changing into a public cost (monetary expense) to the U.S. authorities. Don’t get this way confused with the I-864, Affidavit of Assist as a result of they’re totally different. Type I-864 is required for many family-based immigration instances, adjustment of standing instances and typically additionally employment-based instances. This way is just not meant for nonimmigrant visas. There may be additionally the next earnings requirement with Type I-864 (125% of the poverty pointers). In the event you can exhibit that you’re employed in your house nation and/or financially unbiased you could not have to file Type I-134.

The immigrant’s sponsor must file the Type I-134 and together with it submit proof that they’ve the monetary means to help the alien. To fulfill the monetary requirement, the sponsor should meet 100% of the poverty pointers for the family measurement.

Case instance: Brooke is a U.S. citizen and she or he met her fiance Juan 3 years in the past when she was vacationing in Brazil. She filed Type I-134 with the Nationwide Visa Middle and submitted three years of previous tax returns and proof of her employment together with a letter from her employer saying she has labored there for 5 years and makes $50,000. Brooke meets the earnings requirement and with the proof she supplied her case was authorised for the K1 visa throughout the interview.

Forms of Proof to Present

Proof of monetary means will be submitted within the type of checking account statements, documentation from the sponsor’s employer indicating how a lot they receives a commission, size of employment, and many others. An earnings tax return may also be submitted as proof. To qualify, it’s essential to meet 100% of the Federal Poverty Guideline on your family measurement. To find out what your family measurement is, rely any dependents, your self, any family members you reside with and the immigrant you plan to sponsor.

What Does Public Cost Imply?

The 1999 Discipline Steerage definition of the general public cost rule is an individual who’s or has change into or is more likely to change into “primarily depending on the federal government for subsistence, as demonstrated by both (i) the receipt of public money help for earnings upkeep or (ii) institutionalized for long-term care at authorities expense…USCIS is just not contemplating an applicant’s receipt of Medicaid (apart from long-term institutionalization on the authorities’s expense), public housing, or Supplemental Diet Help Program (SNAP) advantages as a part of the general public cost inadmissibility dedication.” That implies that short-term or particular objective money funds in addition to short-term institutionalization usually are not thought of public advantages. Beneath the rule, the one ones thought of are “money help for earnings upkeep” and “institutionalization for long-term care at authorities expense.” As with every case, the totality of circumstances are nonetheless taken into consideration when making a dedication of a person’s software.

Step-by-Step Directions – I-134 Affidavit of Assist

The I-134 kind is a crucial issue when figuring out a sponsor’s means to help an immigrant and likewise whether or not the immigrant needs to be admitted to america on a visa or obtain lawful everlasting residency. For that cause, it’s best to all the time full immigration kinds alongside the assistance of a certified immigration legal professional. All solutions have to be typed or printed legible in black ink.

The primary part of the I-134 kind is devoted to primary details about the you (the sponsor). Fill in your full title, mailing handle, bodily handle, date of delivery, metropolis and nation of delivery, Alien Registration Quantity (if relevant), U.S. Social Safety Quantity (if relevant), USCIS On-line Account Quantity (if relevant), point out if you’re a U.S. citizen by naturalization or by dad and mom/marriage. In the event you derived your U.S. citizenship from one other technique examine field 11.c. In case you have an Alien Registration quantity, fill it in on line 11.d. and if you’re a lawfully admitted nonimmigrant, fill in your Type I-94, Arrival-Departure Report Quantity on line 11.e. In line 12, write your age within the first field and the dates since you might have resided in america within the second field.

Half 2: Data Concerning the Beneficiary

The second part is details about the immigrant beneficiary. Fill of their full title, date of delivery, gender, Alien Registration quantity (if relevant), nation of citizenship or nationality, marital standing, bodily handle, beneficiary’s partner (accompanying or following to affix them), beneficiary’s youngsters’s names, and their dates of delivery and genders (if relevant).

The third part is relating to employment data. Point out whether or not you might be at the moment employed (and in that case the are of labor and title of employer or self employed), checklist the present employer’s avenue handle, your annual earnings, steadiness of all financial savings and checking accounts in U.S based mostly monetary establishments, greenback worth of different private property and market worth of shares and bonds. In case you have life insurance coverage, fill within the sum of it on line 7.a. and the money give up worth of it on line 7.b. In the event you personal actual property, you could full the true property part with the worth of what you personal, the greenback worth of mortgages or different debs on line 8.b. and the situation of the place the true property is positioned. In the event you, because the sponsor, have dependents you could full the Dependents’ Data part. In the event you want further house, that’s supplied in Half 7. Fill within the names, date of delivery and whether or not the dependent is wholly dependent in your for help or solely partially. Do that for all dependents you declare on a tax return.

Half 4: Sponsor’s Assertion, Contact Data, Certification, and Signature

Earlier than signing this part you’ll want to learn the Penalties part of the Type I-134. Full the Sponsor’s Assertion by deciding on field 1.a. if you happen to can learn and perceive English, and understood each request within the affidavit. In the event you used an interpreter, examine field 1.b. and makes certain they’re named in Half 5. In the event you used a preparer, examine field 2 and title them in Half 6.  The following part is the sponsor’s contact data. Fill in your daytime phone quantity, cell phone quantity and electronic mail handle. In line 6.a. – 6.b. signal and date the shape.

Half 5: Interpreter’s Contact Data, Certification, and Signature

In the event you didn’t use an interpreter you may ignore this part. In the event you did, fill of their title, mailing handle, contact data they usually might want to signal and date in traces 7.a.- 7.b.

Half 6: Contact Data, Assertion, Declaration, and Signature of the Individual Getting ready this Affidavit, if Different Than the Sponsor

If somebody apart from the sponsor ready the doc they should checklist their full title, mailing handle, contact data, signal and date this part.

Half 7: Further Data

In the event you want additional house for any solutions beforehand requested, use this part to take action. When you’re completed finishing all the pieces, print or save a duplicate of the affidavit on your private data.

*Necessary – In case you are sponsoring a couple of immigrant, you could submit a separate Type I-134 for every international nationwide. 

Qualifying Supporting Proof

As beforehand talked about because the sponsor you could present proof that you simply meet the monetary necessities to sponsor a international nationwide. In the event you fail to supply proof demonstrating this, the affidavit of help will probably be denied. The next paperwork will be submitted:

• Checking account assertion displaying the date the account was opened, the full quantity deposited over the previous yr and the present steadiness
• Statements out of your employer (on enterprise stationary) displaying the date and size of time you might have been employed, wage and if the place is everlasting or short-term
• Self employed people can present a duplicate of their final filed earnings tax return or report of economic ranking concern
• Documentation of bonds held with their serial numbers

I-134 Affidavit of Assist FAQs

Who does the general public cost rule apply to?

The general public cost inadmissibility rule is utilized to people searching for searching for admission to america or for lawful everlasting residence except for refugees, these searching for asylum, aliens escaping home violence, human trafficking, particular immigrant juveniles or different humanitarian immigrants. The total checklist of exemptions from the general public floor cost of inadmissibility will be discovered right here.

Is there a charge to submit kind I-134?

No, there is no such thing as a charge for this way.

Ought to the immigrant you might be sponsoring change into a public cost, the company that’s offering the help to the immigrant has the suitable to recuperate monetary prices from you.

What’s I-134 kind used for?

The Type I-134, Affidavit of Assist is used for a person residing within the U.S. to sponsor a visa applicant wishing to return to the U.S. The federal government must see that the sponsor has the monetary means in order that the international immigrant is not going to change into a legal responsibility to the federal government.

Who must fill Type I-134?

The sponsor of an Affidavit of Assist must be a U.S. citizen or resident (by legislation) and have sufficient monetary sources to fulfill the necessities. They have to even be prepared to be financially accountable ought to the immigrant obtain public profit and the company sues for the quantity acquired.

What’s the distinction between Type I-134 and I-864?

Each are affidavits of help however they’re distinctly totally different. Type I-134 is often used for nonimmigrant visa instances to exhibit that the visa applicant is not going to change into a public cost and might receive monetary help whereas they’re in america. The I-134 is just not accepted for immigrant visa instances except for Variety Visa candidates who have to exhibit that they won’t be a public cost if they don’t receive a job provide or have the required monetary sources. Type I-864 is required for many family-based immigration instances, adjustment of standing instances and typically additionally employment-based instances to exhibit that the immigrant is not going to change into a public cost.

The minimal required earnings 100% of the U.S. poverty stage on your family measurement and your family measurement consists of any dependents, your self, any family members you reside with and the immigrant you plan to sponsor.

What if I don’t meet the earnings requirement?

If you don’t meet the earnings requirement of 100% of the U.S. poverty stage on your family measurement then you might have a couple of choices. You may get a joint sponsor or use belongings to make up the distinction. A joint sponsor will be somebody who lives within the U.S. and meets the monetary requirement. They don’t essentially have to be a relative of the sponsor however they have to be prepared to be contractually obligated if the immigrant turns into a public cost. To rely belongings towards the earnings requirement they have to be thought of liquid (simply in a position to convert to money in 12 months), must you embody the worth of a house or automobile it can’t be the first residence/automobile and it’s essential to calculate the true worth for it (asset worth minus debt for it).

How lengthy is I-134 Affidavit of Assist legitimate?

An Affidavit of Assist is enforceable “till the member of the family or different particular person both turns into a U.S. citizen, or is credited with 40 quarters of labor (often 10 years).”