Full Answer
How to make affidavit of support?
- Full name of the deponent and their signature
- Statement indicating whether the affidavit has been sworn or not
- Date and place where the affidavit is being signed
- Designation and full name of the Notary or Magistrate (person attesting the affidavit)
Who should fill the affidavit of support form?
The sponsor is usually the petitioner who filed an immigrant petition on behalf of the intending immigrant. An affidavit of support is a legally enforceable contract, and the sponsor’s responsibility usually lasts until the family member or other individual either becomes a U.S. citizen, or is credited with 40 quarters of work (usually 10 years).
Do I need to file an affidavit of support form?
The purpose of the Affidavit of Support is to assure the U.S. government that the immigrant is not inadmissible as someone likely to become a public charge. Some categories of applicants, however, are exempt from the Affidavit of Support requirement and do not need to submit a Form I-864 at all.
What do you need to know about the K1 visa?
The Port of Entry phase for an K-1 (Fiance (e)) Visa consists of the following steps:
- Travel to and enter the United States
- Stand in line for immigration interview
- CBP immigration officer interview
- Get your luggage (baggage claim)
- Customs Check
- Exit
Why Submit The I-134 at The K-1 Interview?
The US government want’s to make sure that the foreign fiance(e) will not become a “public charge”. That means the US petitioner must make enough i...
Form I-134 Affidavit of Support – Instructions
You can download the latest form I-134 and the I-134 instructions at the USCIS website. It briefly describes how and what to submit. It’s not neces...
Steps to File The Affidavit of Support (I-134)
Follow the steps below to properly prepare your Affidavit of Support for the K-1 fiance(e) visa. You will submit these documents in a package at yo...
K-1 Minimum Income Requirements (Form I-864P)
The US petitioner needs to have certain minimum income in order to sponsor someone with a fiance(e) K-1 visa. The Affidavit of Support (I-134) uses...
Assets to Meet Income Requirements (Form I-134)
The US petitioner may not be able to meet the minimum financial requirements using gross income. So, if the tax returns (or IRS transcripts) do not...
Using A Joint Sponsor in Affidavit of Support (Form I-134)
The Fiance(e) K-1 US petitioner may not be able to meet the minimum financial requirements using gross income. If the tax returns (or IRS transcrip...
K-1 Visa Denials: Not Enough Financial Support
One of the leading causes of K-1 Fiance(e) visa denials are not showing enough financials/income. The foreign fiance(e) must have someone (preferab...
Who becomes the sponsor of an affidavit of support?
The individual who signs the affidavit of support becomes the sponsor once the intending immigrant becomes a lawful permanent resident. The sponsor is usually the petitioner who filed an immigrant petition on behalf of the intending immigrant.
Where is the affidavit of support found?
The law concerning the affidavit of support is found in Sections 212 (a) (4) and 213A of the Immigration and Nationality Act (INA). The provisions are codified in Title 8 of the Code of Federal Regulations (CFR) at 8 CFR 213a.
What is the CFR code for affidavit of support?
The provisions are codified in Title 8 of the Code of Federal Regulations (CFR) at 8 CFR 213a. Submitting an Affidavit of Support. The following individuals are required by law to submit a Form I-864, Affidavit of Support completed by the petitioner to obtain an immigrant visa or adjustment of status:
What is an I-864?
Form I-864, Affidavit of Support under Section 213A of the INA, is a contract an individual signs agreeing to use their financial resources to support the intending immigrant named on the affidavit. The individual who signs the affidavit of support becomes the sponsor once the intending immigrant becomes a lawful permanent resident. The sponsor is usually the petitioner who filed an immigrant petition on behalf of the intending immigrant.
How to sponsor a relative?
If you filed an immigrant visa petition for your relative, you must be the sponsor. You must also be at least 18 years old and a U.S. citizen or a permanent resident. You must have a domicile in the United States or a territory or possession of the United States. Usually, this requirement means you must actually live in the United States, or a territory or possession, in order to be a sponsor. If you live abroad, you may still be eligible to be a sponsor if you can show that your residence abroad is temporary, and that you still have your domicile in the United States.
What happens if you sponsor an immigrant?
If an immigrant you sponsored receives any means-tested public benefits, you are responsible for repaying the cost of those benefits to the agency that provided them. If you do not repay the debt, the agency or the immigrant can sue you in court to get the money owed. Any joint sponsors and household members who allowed the sponsor to combine their income with the sponsor’s income to meet the minimum income requirements are also legally responsible for financially supporting the sponsored immigrant. In fact, any joint sponsor and household member is jointly or severally liable with the petitioning sponsor, meaning that the joint sponsor and household member are independently liable for the full extent of the reimbursement obligation and can be sued in court or be asked to pay the money owed, even if the petitioning sponsor is not sued or asked for money.
What happens if you include false information in an affidavit of support?
If you include in this affidavit of support any information that you know to be false, you may be liable for criminal prosecution under the laws of the United States.
How much does it cost to file a K-1 visa?
There is a $265 filing fee for a K-1 Fiance Visa, and you can pay it at the visa interview with a check or money order. In many cases, you can also pay this fee online with a debit card or credit card after you file your DS-160. If you pay the fee online, the sponsored fiance will need to bring the online receipt to the visa interview.
What is the form I-129F?
The U.S. citizen petitioner will file this form with U.S. Citizenship and Immigration Services (USCIS). There are four types of required documents that you need to file with Form I-129F. Do not send original documents unless the form instructions tell you to.
What to ask a sponsored fiance?
The consular officer may ask the sponsored fiance for additional information to prove that your relationship is legitimate. This is why you'll want to have all of the items outlined above in "Checklist #1 - Before you file." Te sponsored fiance should bring these items to their visa interview.
How many times do you have to meet with a fiance before filing an I-129F?
Evidence that you met in-person at least once in the two years before filing your Form I-129F. If you haven’t met during that period, submit evidence that meeting in-person would violate strict customs of the sponsored fiance's culture or would be an extreme hardship for the U.S. citizen fiance.
What is required for an I-134?
Form I-134 also requires evidence of financial support - things like the U.S. Citizen Fiance's tax returns, pay stubs, and bank statements. You never know if the consular officer will require Form I-134, so it is always good to bring a completed I-134 to the interview. Evidence of relationship.
How to support a marriage application?
Get your friends and family to vouch for you. Written statements in support of your marriage from friends, family, and colleagues who are aware of the engagement will help your application. These should typically be in letter form, signed, and, if possible, notarized if possible. Here is a template of a support letter that you can use.
Do sponsored fiances have to show a public charge?
Evidence that the sponsored fiance will not become a "Public Charge". During their visa interview, the sponsored fiance will need to show the consular officer that they will not become a " Public Charge " once they arrive in the United States.
What is an affidavit of support?
In essence, the affidavit of support is a contract between the immigrant’s sponsor and the American government. In the affidavit of support the sponsor demonstrates that the fiancee visa beneficiary can be financially supported and will not become a “public charge” of the government.
What is the concern of a fiancee visa?
One of the greatest concerns that many couples have concerning the fiancee visa (or fiance visa) is whether the petitioner will be able to demonstrate that the beneficiary is financially supported. This concern is especially acute for many fiancee visa applicants because many fall in love and decide to marry early in life when they are not ...
What does a sponsor of an immigrant need to demonstrate?
If the sponsor of the immigrant is the immigrant’s spouse, the sponsor must demonstrate that his or her income is at least 100% of the U.S. poverty level.
What happens if a sponsor's income does not meet the threshold amount?
If the sponsor’s income does not meet the threshold amount, the sponsor can also demonstrate that his or her assets are significant enough to support the foreign national beneficiary.
Does the sponsor's obligation end when the couple separates?
No , the sponsor’s obligation does not end simply because the couple separates.
Do I need to file I-864 and I-134 together?
A K-1 fiancee visa couple must complete both the I-134 and the I-864 forms. However, the forms are not filed together. Instead, the I-134 form must be completed before the fiancee visa interview at a U.S. consulate. The I-864 will not need to be completed until the couple is married and the foreign national is adjusting status to become a lawful permanent resident.
Do I need to sign I-134?
You must sign Form I-134 in your full name. (Note: Signing Form I-134 is under penalty of perjury under U.S. law). For this reason, you do not need to sign Form I-134 in front of a notary or have your signature notarized after you sign it.
Do you need to file a separate affidavit for each applicant?
You must file a separate affidavit for each applicant .
Can I submit a checklist with I-134?
Please do not submit this checklist with your Form I-134. It is an optional tool to use as you prepare your form, but does not replace statutory, regulatory, and form instruction requirements. We recommend that you review these requirements before completing and submitting your form. Do not send original documents unless specifically requested in the form instructions or applicable regulations.
What is an affidavit of support?
The Affidavit of Support is a legal contract between you (the petitioner for an immigrant visa applicant) and the US Government. It ensures that the visa applicant has adequate means of financial support and is unlikely to become a public charge after entering the US. Public Charge refers to becoming dependent upon the government for ...
What is required to be present at a visa interview?
During the visa interview, applicants will be required to present evidence to the Consular Officer that they will not become a public charge in the U.S. You may present evidence that you are able to financially support yourself or that your U.S. citizen fiancé (e) is able to provide support.
What is the importance of a complete I-134?
It is important to complete and include all the necessary supporting documents when submitting your affidavit of support. Failure to completely fill out Form I-134 or not include the appropriate documents as supporting evidence could result in denial of the application.
What size photocopy is required for a sworn in application?
Unless specifically required that an original document be filed with an application or petition, an ordinary legible photocopy (standard 8 1/2 x 11 letter size) may be submitted. Original documents submitted when not required will remain a part of the record.
What do you need to show as a sponsor?
As the sponsor, you must show you have sufficient income or financial resources to assure that the alien you are sponsoring will not become a public charge while in the United States.
Do I need to file I-864A?
If the sponsor has other income sources such as members of household or dependents in order to reach the minimum income requirement it will be required to include their federal income tax returns for the three (3) most recent years. In using other income sources it will be required each person complete Form I-864a, which is a contract between the sponsor and household member.
Do I need to sign I-134?
Form I-134 must be signed in your full name. ( Note: Signing Form I-134 is under penalty of perjury under U.S. law ). For this reason, it is not necessary to sign Form I-134 before a notary, nor to have your signature notarized after you sign it. Make progress today.
How long does an affidavit of support last?
An Affidavit of Support is legally enforceable. The sponsor's financial responsibility usually lasts until the applicant either becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work (usually 10 years) under the Social Security Act. By signing Form I-864, the petitioner (including any joint sponsor (s)) ...
What is an I-864?
An Affidavit of Support, also called the Form I-864, is a document an individual signs to accept financial responsibility for the applicant who is coming to live in the United States. The person who signs the Affidavit of Support is also called the “sponsor.”. The petitioner must complete Form I-864; however if the petitioner’s income is ...
Can NVC advise on affidavit of support?
Please be advised: Customer Service Representatives at NVC cannot advise you as to which Affidavit of Support form you should complete. If you are not required to submit an Affidavit of Support (please see FAQs for qualifications), you must instead contact NVC to submit an explanation of why you are not required to do so.
Why do K-1 visas need affidavits?
All K-1 visa cases should use Affidavits from Witnesses to support their evidence of a bona fide relationship
How does it help K-1 visa cases with Red Flags?
Let’s say we have a US man petitioning for a much younger woman. To them, their 20-year age difference is not an issue — in fact, it’s considered “normal” in their culture even if the groom is much older. ( Is a big age difference a Fiance visa red flag?)
What is an affidavit signed by a notary?
Affidavits: Documents that get signed in front of a notary. Once your witness writes the statement, he/she takes it to a notary before signing. It’s considered more “official” because the signature and date are validated. . Declaration: A document that the witness signs without a notary.
What is a witness statement?
A witness can write a statement describing that…. . ✦ they know one or both of you. . ✦ you two (US petitioner and beneficiary) have met in the last 2 years. . ✦ you two have a bona fide relationship. . ✦ they witnessed your meeting, engagement or relationship.
Why should everyone have at least one I-129F?
Simple answer: EVERYONE should have at least ONE. Because it adds enormous credibility to your case. Whether your case is simple or filled with Red Flags. Think about it: an actual, third person took the time to write something for your I-129F petition. Just to help prove that you’re genuine.
Is an affidavit of witness worth it?
Again, the affidavit of witness is only worth something to your K-1 visa case if it helps support your eligibility (in-person meeting) and bona fide relationship. Otherwise, don’t include it.
Can any witness use the same template for writing an affidavit of witness?
Here, I’ll show you a sample of how an affidavit of witness is made. Any witness (American, foreigner) can use the same template for writing this statement.
