What is affidavit of support form I-134 for K-1 visa?
. The Affidavit of Support Form I-134 for the K-1 visa helps show how the US petitioner will financially support the foreign fiance. It’s submitted during the K-1 visa interview by the applicant along with all supporting documents.
What are the requirements for a K-1 visa sponsor?
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 the Federal “minimum poverty guideline” Form I-864p chart to compare your financials.
What is form i-864 affidavit of support?
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.
Can a K-1 visa holder file an i-864a?
If a household member filing the I-864A also carries an asset, you may include the value here for consideration. In questions 6 – 8, you may use the principal immigrant’s (K-1 visa holder’s) property, cash assets, property or securities as assets to fulfill the minimum limit. Total their contribution in item # 9.
Is form I-864 required for K1 visa?
The Consular Officer may request that a Form I-134, Affidavit of Support be submitted by the U.S. citizen fiancé(e). The U.S. citizen fiancé(e) will need to submit Form I-864 to USCIS with the application for adjustment of status to that of legal permanent resident following the marriage.
Which Affidavit of Support form should I use?
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 insufficient, a joint-sponsor may agree to also complete an I-864 on the applicant's behalf. An Affidavit of Support is legally enforceable.
Is form I-134 required for K1 visa?
After a USC's Form I-129F, Petition for Alien Fiancé(e) gets approved by the USCIS, the USC will need to prepare a Form I-134 because his or her foreign fiancé(e) who applies for a K1 visa must bring the Form I-134 and its supporting documents to the K1 visa interview at the U.S. embassy or consulate.
What is form I-134 Affidavit of Support for?
Form I-134, Declaration of Financial Support, is a way for non-immigrant visitors (visa holders and parolees) to the United States to prove that they have the financial support to pay their way during a trip.
Which is better i864ez or I-864?
Form I-864EZ, Affidavit of Support Under Section 213A of the INA, is a shorter version of Form I-864, Affidavit of Support Under Section 213A of the INA, designed for cases that meet certain criteria.
What is the difference between I-864 and I-864A?
Form I-864A, Contract Between Sponsor and Household Member, is an attachment to Form I-864, Affidavit of Support Under Section 213A of the INA. A separate Form I-864A must be used for each household member whose income and/or assets are being used by a sponsor to qualify.
Who should file form I-134?
Who Must File Form I-134? Certain individuals applying for parole into the United States for urgent humanitarian reasons or significant public benefit who are not filing Form I-131 may also be required to submit this form.
What forms do I need to fill out for a K-1 visa?
The Consular Officer may require the sponsored fiance to provide a Form I-134, Affidavit of Support completed by the U.S. citizen fiance. Form I-134 also requires evidence of financial support - things like the U.S. Citizen Fiance's tax returns, pay stubs, and bank statements.
How long is I-134 Affidavit of Support valid?
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).
What is the difference between i-864 and i-134?
Form I-134 affidavit of support is generally used when the visa sought is a nonimmigrant visa while the Form I-864 affidavit of support is required when the foreign national is applying for an immigrant visa, either at a US consulate or through adjustment of status with the USCIS.
How long does form I-134 take to process?
Form I-134 Processing Time It can take anywhere from a few hours to a few days for the form to get processed.
Does Form I-134 need to be notarized?
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, or to have your signature notarized after you sign it. USCIS provides forms free of charge through the USCIS Web site.
What is the difference between i-864 and i 134?
Form I-134 affidavit of support is generally used when the visa sought is a nonimmigrant visa while the Form I-864 affidavit of support is required when the foreign national is applying for an immigrant visa, either at a US consulate or through adjustment of status with the USCIS.
Do I need to submit i-864 with I 130?
If you are filing Form I-130 (Petition for Alien Relative) for multiple relatives, or Form I-140 (Petition for Immigrant Worker) for an employment-based green card, then you will need to use Form I-864.
What is form I-864 Affidavit of Support?
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.
Is I-864 required for I 485?
Form I-864, Affidavit of Support — This is a required form if your application is based a family-based petition (including K-1 fiancés). It may also be required if your application is based on an employment petition related to a business that is five percent or more by your family.
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 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.
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 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 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 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.
What form do I use for a K visa interview?
Use the I-134 for the K visa interview. Use the form I-864 for the I-485 Adjustment of Status application for permanent residency.
What is form I-864 used for?
It’s all about “public charge”… which is a long-held immigration law promoting self-sufficiency and leveraging the finances of a sponsor to provide for the immigrant. INA 214 (a) (4)
When do you submit it?
As you know, K-1 visa entrants get married within 90 days of entry. Following marriage to their US petitioner, you must file the Adjustment of Status (I-485) for a green card. The requirement of which is to also submit the I-864 in the packet.
What is Part 8 of an affidavit of support?
Here you must carefully read and agree to the obligations and responsibilities of being a sponsor for the K visa holder.
What is joint sponsor?
A joint sponsor is someone else (either family member or friend) who’s willing to fully sponsor one or all of your K-1 or K-2 visa immigrants. A household member is any adult who can contribute his/her income to help you meet the minimum 125% Federal poverty guidelines.
What does the sponsor indicate in a job application?
In this section, the sponsor indicates which (if any) employment he or she has. Either select 1 if you’re employed or 4 if you’re self-employed and write the details of either. In case you’re both employed and self-employed, provide both details.
How long does it take to get an I-864?
It takes several months for processing. But when a USCIS officer actively reviews your case, he / she adjudicates the I-864 along with the I-485.
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.
