Affidavit of Support: the I-134 and the I-864

The following article discusses the I-134 affidavit of support as well as the I-864 affidavit of support filed in connection with United States visa applications submitted at US Embassies and Consulates abroad.

In the area of US Family Immigration, there are two types of affidavits of support that are commonly used in cases involving fiancees and spouses of US Citizens: these are the I-134 affidavit of support and the I-864 affidavit of support. There is also a form I-864W ("W" stands for Waiver) and I-864A which are filed in a limited number of cases involving children and family members, but they are irrelevant to the scope of this article.

What is the difference between the I-864 Affidavit of Support and the I-134 Affidavit of Support?

The significant difference between these two documents is that an I-864 is filed in connection with an immigrant visa application and an I-134 is usually only filed in connection with a non-immigrant dual intent fiance visa application (often referred to as a K-1 visa application). The legal impact of an I-864 affidavit of support is somewhat different from that of an I-134 affidavit of support as the I-864 is more enforceable against the sponsoring party. With that in mind, the I-134's utilization is, strictly speaking, by discretion of the Consulate and simply acts as a means of facilitating a uniform method of adjudicating multiple individuals' abilities to provide support for alien fiances. At one time, it was more commonplace for Consulates to accept I-134 joint-sponsorship, but this trend seems to be declining since more Consulates now require that the American Citizen sponsor show an ability to support a foreign fiance independently thus restricting the usage of joint sponsorship affidavits in K-1 visa applications. This is a relatively recent development as, in the past, there were Consulates which were permitting this practice, but there are sound policy reasons why I-134 joint sponsorship affidavits should be in decline.

Keeping in mind that I-134 affidavits are not legally binding, a US Citizen Petitioner could enlist the help of a friend or family member to act as a joint-sponsor on the I-134 affidavit of support for a foreign fiance. After arriving in the USA, the foreign fiance and the American Petitioner get married. After the marriage, the couple files for the foreign spouse's adjustment of status. During the adjustment of status phase, the US Citizen Petitioner submits an I-864 affidavit of support, but the original I-134 joint sponsor decides not to act as sponsor on the I-864 affidavit. The I-134 is unenforceable with respect to the original I-134 joint sponsor and should the US Citizen petitioner not be able to show requisite assets, then it places the American Immigration officers in a position where they might need to find that the foreign spouse could become a "Public Charge" if permitted to stay in the US. This set of circumstances leaves all parties in a rather precarious position. Thus, it is this writer's belief that I-134 joint sponsorship is declining to make certain that those sponsoring alien fiancees US visa can meet their financial obligations with regard to a future I-864 affidavit.

About The Author Ben Hart is an attorney from the US and Managing Director of Integrity Legal (Thailand) Co. Ltd. Contact their offices at 1-877-231-7533, +66 (0)2-266-3698, or info@integrity-legal.com. See them on the internet at Fiance Visa Thailand or to learn about Consular Processing issues please see US Embassy Thailand .