There is a main difference between applicants who are filing the I-134 Affidavit of Support and those who are filing the I-864 Affidavit of Support. The former is for U.S. citizens to fill out when they are in the interest of hosting temporary status visa applicants, such as those pursuing tourist visas or the 90 day K-1 fiancé. The I-864 Affidavit, as we have covered, is for U.S. citizens to fill out in the interest of permanent or immigrant visa types.
Who needs to fill out an I-134?
U.S. citizens who are being visited by a foreign friend might need to fill out an I-134 Affidavit on their behalf. The reasoning is relatively simple. If you have invited a foreign friend or relative to visit you at your home in the U.S., one of the first issues to address is whether that person will be able to prove to a U.S. consular officer that he or she can afford the trip. Along these lines, officers want to make sure that the individual will not try to simply stay in the U.S. due to a failure to afford a trip home or try to take up work illegally while in the United States. By signing the I-134 Affidavit and filing with the USCIS, you are agreeing to support your friend throughout their stay in the U.S.
The situation is similar for K-1 visa applicants and their fiancé in the United States. For this visa application, U.S. citizens will generally need to fill out the application to show to the USCIS, if requested, that the applicant makes enough money per the federal poverty guidelines. However, this is absolutely up to the consular officer in question, and sometimes the I-134 Affidavit is not needed at all.
In many cases, the officer will simply “eyeball” the foreign fiancé, see that they are young and healthy, and not request the U.S. citizen fill out a temporary Affidavit. Other officers can easily request the form if they feel given their discretionary analysis that it is needed per the case.
Filling out the Application
In Part 1, the applicant should fill out some basic information about themselves such as their mailing and physical U.S. address. Because the applicant is a U.S. citizen, they will most likely not have an A-number, so shouldn’t worry about this question. They should also disregard Question 11 since they obtained their citizenship through birth.
Part 2 asks the sponsor to list basic information about the beneficiary (foreign fiancé or friend seeking a tourist visa). Applicants should list their names, A-number, nationality, martial status (still single if they are a fiancé), foreign address, as well as any children who might be immigrating to the United States as well. If the beneficiary has more than one child, the sponsor (applicant) must all of the children via Part 7, Additional Information.
Part 3 is the most important section of the I-134 as it asks the sponsor to list their employment information, their title, their annual income, their total dollar value of all assets, as well as the market value of their currently held stocks and bond. In this section, the sponsor will once again state the name of the beneficiary as the “dependent”, and list their relationship to the applicant. Be sure to include your fiancés children if applicable.
Note: The sponsor needs to have a level of income that is at least 100 percent of the federal poverty level per household size (the annual income goes up as household size increases by each member). Depending on the consular officer presiding over the case, some will want to see a sponsor with an annual income that is 125 percent of the current federal poverty level per household size.
In Part 4 the sponsor should provide their signature, attesting that the USCIS might request the applicant to appear for a Biometrics appointment if necessary, and guarantee that they are willing to receive, maintain, and support the beneficiary named in the affidavit for their period of stay in the United States. In addition, the sponsor should include some contact information such as the mobile phone number and email address.
In Part 5 an interpreter should provide their signature as well if one was needed in completing this form. In Part 6, any other preparer (such as an attorney) should fill out this section and sign their name if they helped in the completion of this form as well.