An Affidavit or Declaration of Support is a legal contract that allows a U.S. citizen, national, or lawful permanent resident to sponsor an immigrant family member or employee. The U.S. citizen sponsor pledges financial support by filling out the appropriate form, which is then filed with the U.S. Citizenship and Immigration Services (USCIS) by the sponsored immigrant.
Some immigrants seeking a visa or adjustment of status will need to file an Affidavit of Support using Form I-864. If you aren’t required to submit this application, but you’re inadmissible because you lack the means to support yourself, you might still qualify using the Affidavit of Support Form I-134 instead.
Several pairs of hands clasped together. The support of a sponsor can help your immigration dreams become a reality. If you aren’t financially independent, you may still get a green card or visa using Form I-134, Affidavit of Support.
What Is Form I-134?
Form-I-134 (Declaration of Financial Support) is a declaration that is required by the USCIS to determine whether the beneficiary/immigrant has sufficient financial resources (and access to them) or support to sustain themselves during their temporary stay in the U.S. The stay may be related to business or tourism purposes.
Form- I-134 may be filed by the beneficiary themselves or the Citizen/LPR. Additionally, the sponsor must be in the U.S. at the time of making the declaration. The form may be filed form within or outside the U.S. depending on the application and category of visa for which the declaration is required.
Why Is Form I-134 Required?
This form is required by the USICIS to ensure that the person temporarily staying in the U.S. does not become a public charge. As per Section 212(a)(4)(A) of the Immigration and Nationality Act (INA) certain categories of immigrants are inadmissible for entry as an immigrant into the U.S.
The term “public charge” is used to denote someone who may be required to be sustained by the government and put on welfare on account of not being able to earn a sufficient means of support.
In case the Declaration of Support is filed by a citizen or a lawful permanent resident and the immigrant/beneficiary claims financial assistance from the agencies of the U.S. government or government scheme, then the sponsor would be liable to reimburse the amount so provided.
The public charge ground is not applicable for certain categories of applicants for visas such as asylees and refugees, victims of human trafficking certain Syrian nationals, etc.
Do You Need Declaration of Support Form I-134?
Form-I-134 is used in those cases where the prospective immigrant/beneficiary is not required to file Form-I-864 (Affidavit of Support) under Section 213A of the INA but may be inadmissible on the grounds of Public Charge. In certain cases, the State Department or USCIS may request the Declaration to be filed.
Immigrants who come to the United States on a temporary visa need adequate financial resources to cover their living expenses. This helps ensure that they can get by independent of welfare or other government aid.
What Is The Difference Between Form I-864 And Form I-134?
It can be very confusing for a prospective immigrant coming to the United States to understand which Form is required to be filed and which form is right for their situation.
In case the immigrant is arriving in the U.S. for a temporary period for business or tourism purposes it is right to fill Form-I-134. Form I-134 is used for a travel visa or K1 (fiance) and K2 (children of K-1) visa.
However, if you want to travel and reside in the U.S. for a longer period of time and apply for a green card then you may be required to fill Form-I-864.
The law requires some immigrants to submit Form I-864, Affidavit of Support, either before or along with their other immigration paperwork. For example, green card applicants will typically need to file Form I-864 if they are:
- Applying under one of the family-based preference categories
- Applying as an employment-based immigrant if their visa petition was filed by a relative or a company primarily owned by a relative
You will not need to file Form I-864 if you can demonstrate that you:
- Have already worked 40 qualifying quarters, which is the equivalency of 10 years, in the United States
- Already qualify for automatic citizenship under the Immigration and Nationality Act
However, even if you are exempt from filing Form I-864 for your visa or green card, you may still need a financial sponsor using Form I-134.
Declaration of Support Sponsor Requirements:
A sponsor must meet specific requirements for the Affidavit of Support to be valid. The sponsor must be:
- A U.S. citizen or lawful permanent resident (LPR)
- Age 18 years or older
- Able to prove that the U.S. is their country of domicile.
- A stable financial situation, including information about their bank accounts, assets, and employment.
- An income that is at least 100% above the amounts listed in the Federal Poverty Guidelines (FPG).
What are the Documents required:
- Previous year’s federal income tax returns of the Sponsor.
- U.S. Birth certificate or certificate of naturalization or U.S. Passport (any one, in case of U.S. Citizens)
- Copy of green card (in case of LPR)
In case any documents are filed in a foreign language (which is not English), the applicant is required to file an English Translator along with a certificate from the translator attesting to the veracity and accuracy of the translation. Unless it is specified that you must submit an original document, you may submit legible photocopies of documents.
If a legal guardian is signing the application for form I-134, then the legal guardian must submit valid proof of appointment as legal guardian of the estate and copy the order of the court or agency specifically allowing the guardian to appropriate assets of the estate to sponsor immigrants.
What Information of the Sponsor is Included in the Form?
The form requires furnishing to particulars of the Sponsor. Among other information, a sponsor is required to provide:
- Name, aliases, and nicknames of the sponsor
- Sponsor’s current, physical and email address
- Sponsor’s Social Security Number
- Sponsor’s Signature
- Immigration status
- Employment Information
- Information related to other beneficiaries (if any)
The sponsor must fill the form using black ink, typed, or printed. The sponsor must also ensure that no material information has been knowingly or negligently withheld, which may lead to the rejection of the Declaration of Support. The sponsor is also required in Part 3 to provide the type of contribution that they intend to provide to the beneficiary (such as boarding and lodging or providing money).
A sponsor’s responsibility is only terminated after the immigrant:
- Becomes a U.S. citizen through naturalization
- Gains credit for 40 quarters of employment; or
- Returns to their home country
- Dies
In addition, if an individual is sponsoring their spouse, their financial responsibility cannot be terminated by divorce.
Can an Affidavit of Support Help a U.S. Visitor Visa Applicant?
Yes, an Affidavit of Support can also be used to help visa applicants. A person applying for a U.S. visitor visa will have to demonstrate that they can afford the trip. If they cannot prove financial independence, they will need to file a Declaration of Support from a qualified sponsor.
This document shows that the sponsor is capable of and willing to provide financial assistance to the immigrant if necessary while in the United States.
Fees to File Affidavit of Support
Unlike many other USCIS applications, the U.S. government does not charge a filing fee for Form I-134.
If you file using FileRight.com, we charge an application package preparation fee of $95 for your Declaration of Support. However, we’re so confident in our system that we offer a full money-back guarantee. If USCIS denies your I-134 application, we’ll refund our fee.
However, the same is subject to the condition that you must file a signed Declaration of Support application promptly because of the time-sensitive nature of the sponsor’s financial documents. If your affidavit expires and you need to begin the process again, you may be responsible for another $95 application preparation fee.
How FileRight Helps You Apply for an Affidavit of Support
FileRight.com will walk you through each application question, providing helpful explanations along the way. We also have a bilingual (English and Spanish) customer support team to answer your questions about our services and your USCIS petition.
Our software checks your application for errors and provides you with customized filing instructions. In addition, we make it easy for you to know where to send your application and what supporting documents to include with it.
Click the “Start My Application” button above to begin our I-134 Application for the Declaration of Support Qualification Quiz. There, you can answer a few simple questions to find out whether this is the correct application for your situation.
FAQs
What is the form I-134-A?
In case you are declaring to financially support an individual such as a Ukrainian or their immediate family member as part of Uniting for Ukraine; or Colombian, Cuban, Ecuadorian, Guatemalan, Haitian, Honduran, or Salvadoran as part of the family reunification parole processes, etc, you will not be required to file form I-134, and instead you should file online Form I-134A.
