Filling Out Form I-134 Affidavit of Support to Help a U.S. Visa Applicant

If you invite foreign friends or relatives to visit you at your home in the United States, and they don't already have a multiple-use visitor visa, then how they will obtain U.S. entry is the first question. Perhaps they come from a country that's part of the Visa Waiver Program, in which case U.S. entry is relatively simple. If not, they'll likely have to apply for a B-2 visitor visa. But in either case, one of the first issues to address is whether your friends or family will be able to prove to the satisfaction of either a U.S. consular officer or a U.S. Border and Customs Protection (CBP) officer that they can afford the trip (and therefore won't be tempted to stay in the U.S. and find work).

If you think that they might have trouble showing the ability to cover the various expenses involved, and thus to return home as scheduled, you might consider completing and providing a U.S. Citizenship and Immigration Services (USCIS) Form I-134, Affidavit of Support. By signing this, you agree to financially support a foreign visitor during their stay in the United States.

This article will provide information to assist you in filling out Form I-134 to help foreign visitors applying for a tourist or other nonimmigrant visa.

This article does not address I-134s for K-1 fiancé visa applicants: If you are a U.S. citizen who will need to submit Form I-134 along as a part of a K visa application for a foreign fiancé, you can find more specific advice at Tips on Filling Out Form I-134 for the K-1 Fiancé Visa. Or if you are sponsoring a relative for a green card, you can find helpful information at Filling Out Form I-864, Affidavit of Support Under Section 213A of the Act.

As a U.S. Citizen or Resident, How Does It Help If I Submit Form I-134 for a Foreign Visitor to the U.S.?

Under U.S. immigration law, noncitizens traveling to the United States are inadmissible if, among other reasons, they are "likely to become a "public charge."

This means that, unless they can show that they have enough money to pay for their expenses in the U.S. (such as food, lodging, transportation, and any emergency medical treatment), they will not be able to obtain a visa at the U.S. embassy or consulate. Similarly, they may be denied entry at the border if visiting the U.S. on the Visa Waiver Program (VWP).

However, noncitizens can potentially overcome this finding if a lawfully admitted U.S. resident or U.S. citizen prepares a Form I-134 for them, to show the official at their visa interview at the U.S. consulate or to a Customs and Border Protection (CBP) official upon U.S. entry.

What Are the Risks to Submitting Form I-134 on a Foreign Visitor's Behalf?

When you complete and sign Form I-134, you are assuring the U.S. government that the nonimmigrant whom you are sponsoring will not need to apply for public assistance, such as Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), food stamps, or any other government-subsidized benefit.

If your foreign visitor does eventually apply for and receive public assistance, the responsible government agency can take your income and/or assets into consideration when deciding whether to grant the benefits. Also, the government can sue you to recover the cost of providing public assistance to your relative.

On the other hand, this "temporary" affidavit of support on Form I-134 is often referred to by legal experts as being "unenforceable," particularly when compared to its longer-lasting counterpart, Form I-864, which U.S. citizens and permanent residents submit when sponsoring foreign relatives for a green card. There are a few reasons why the I-134 is called "unenforceable":

• Visitors to the U.S. are not eligible for the vast majority of government-sponsored public assistance benefits in the first place and, if they apply, will most likely be denied.
• Most government agencies in the U.S. do not have the time or resources to enforce the terms of an I-134, even if a temporary visitor does somehow mange to obtain public assistance.
• The I-134 sponsor is agreeing to support the nonimmigrant for only a limited and specific period of time, so any potential liability is limited to the planned duration of the visit.

In other words, Form I-134 is mostly bark and very little bite, legally speaking. It is basically used to show U.S. immigration officials that otherwise possibly indigent noncitizens have a friend in the U.S. earning a respectable income who is willing to take care of them.

How Do I Prepare Form I-134?

Form I-134 and instructions are available on the I-134 page of the USCIS website (www.uscis.gov). There is no fee to file this form. While many of the questions ask for obvious sorts of information, a few require extra guidance, as provided below. These instructions refer to the 11/09/23 version of the form.

Be sure to fill out a separate form for every foreign visitor you will be hosting, even if they're related.

Part 1: Basis for Filing

Check the second box, to indicate that you are sponsoring someone else.

Part 2: Information About the Beneficiary

In this part, you will provide personal information about the noncitizen whom you are sponsoring. Most of the questions are self-explanatory. For Question 5, the visitor will only have an A-number if they've been in the United States and received a work permit (employment authorization document) or been in deportation or removal proceedings. (If the latter is true, consult an attorney before going any further.) If they have no A-number, leave this blank.

For Question 12, regarding "anticipated length of stay," be sure this doesn't exceed six months, since visitors won't be permitted a stay beyond that length; and you don't want to raise questions about whether they truly intend to leave the United States when they should. (Keep in mind that this form is used for some people coming to the U.S. longer term.)

Question 13 asks you to list your visitor's sources of income while in the United States, such as an ongoing salary. (They shouldn't be starting a U.S. job, of course). Write "Beneficiary" in the column titled "Relationship to the Beneficiary." USCIS doesn't really explain the column titled "Income contribution to the beneficiary annually," so it's up to you to determine how this matches your situation. You could enter a zero.

For Question 14 and 15, you obviously will raise difficulty for the applicant if you mention illegal sources of income. (But lying on an application will quickly lead to trouble too, so consult an attorney if you see issues here.)

If the foreign national has assets that will help them to be self-supporting in the United States, it will help to list these in Question 16. See the USCIS instructions to the form for details on what assets qualify. "Assets" mean items of value such as real estate, jewelry, savings, or investments. They need to be easily converted into cash within 12 months. The same applies to the section for listing the sponsor's assets.

Part 3: Information About the Individual Agreeing to Financially Support the Beneficiary Named in Part 2.

You, as the sponsor of someone coming to the U.S., will be asked to provide information about your bank accounts, assets, employment, and other financial resources. You must show that your income is at least 100% of the amounts listed in the federal Poverty Guidelines for your family size and your state of residence.

Questions 1-7: Fill out your name, past names (such as prior to marriage), mailing and physical address, and date and place of birth.

Question 8: If you are a green card holder, provide your alien registration number ("A number") here.

Question 9: You will online have a USCIS online account number if you came to the U.S. as an immigrant and registered for such an account in the course of pursuing an application. Don't worry if you don't have one.

Question 10: Immigration Status You will need to explain whether you are a U.S. citizen, lawful permanent resident (in which case your A-number is on your green card), or nonimmigrant (on a temporary visa, such as J-1 exchange visitor or H-1B worker), in which case your I-94 number is either on a piece of paper you received upon U.S. entry or from USCIS when changing status, or can be found online from CBP.

Questions 11-13, Employment Information: List your job position and place of employment.

Question 14-17, Financial Information: Next, you must list and document your income and that of your dependents and your assets. Again, you don't need to promise to make specific contributions to the visitor, but you might want to enter an income figure that is less than your total income in the far right column, since the implication is that this amount will be available to the visitor. Enter the total number of dependents you have listed on your U.S. federal income tax return.

If your salary is more than 100% of the Poverty Guidelines for your family size, you technically do not need to provide information about your assets, but it doesn't hurt to at least provide information for a bank account or two to be safe. If you do not have sufficient income to sponsor the visitor, then you must be more diligent about listing plenty of assets to show that you have property of value that can be drawn upon. You can additionally give an approximate value of vehicles, jewelry, appliances, and any other assets you would like the government to take into account. For real estate, you can use valuation services such as Zillow (which aren't entirely reliable) or hire a professional appraiser.

If you are unemployed or have low income and not enough assets to make up the difference, consider having another person complete Form I-134, if available.

Questions 18 to 20: Financial Responsibility for Other Beneficiaries

The U.S. government also wants to know if you have sponsored any other noncitizens in the past and if you are still under an obligation to support them. List any for whom you have completed either a Form I-134 or Form I-864. The U.S. embassy or consulate will consider whether you are financially capable of supporting all the noncitizens you have sponsored.

Question 21: You should check "intend" here and provide information about the extent of support you will provide your foreign visitor. For example, if you are inviting your cousin to visit your home in the U.S. for two weeks, you should write: "I will furnish room and board and provide money for food, entertainment, and any necessary medical expenses for the duration of her visit." If you plan on providing your visitor with a stipend, you can write "I will provide a lump sum of $1,000 for any expenses during her visit."

Part 4: Statement, Contact Information, Certification, and Signature of the Beneficiary (if filing Form I-134 on his or her own behalf)

You can skip this, because you are not the beneficiary.

Part 5: Sponsor's Statement, Contact Information, Certification, and Signature of the Individual Agreeing to Financially Support the Beneficiary

The questions here mostly describe the responsibility you are taking on by signing Form I-134, and attempt to make sure that you fully understand it. Make sure to sign and date your Form I-134.

The remaining sections need to be filled out only if someone helps you with the I-134, such as an interpreter or lawyer.

What Documents Should I Attach to Form I-134?

You should attach evidence to show your income and assets (if you'll be relying on those). Make sure to provide two copies of any documentation you submit and keep a copy for your own records. Here is some evidence others have used to successfully show that they are able to support a noncitizen visitor:

• Evidence of most recent federal income tax filing. The best evidence is an IRS tax transcript, an official summary of your tax return. Information on ordering a tax transcript can be found on the IRS website, but if you are under a time crunch, you can submit a personal copy of your signed tax return. Copies of state returns are not necessary.
• Employer letter. This will ideally be on official company letterhead and drafted and signed by a human resources official or your boss or employer. Make sure it includes a recent date, the date of hire and length of employment, the nature of your position, (If your job is full-time and permanent, make sure the employer makes a note of that!), and your yearly salary.
• Letter from financial institutions confirming the accounts. You should ask any banks or other financial institutions that you listed earlier to confirm your account by providing a letter on official letterhead. This will usually state the date the account was opened, the total cash deposit in the last year, the average balance, and the current balance. If your average balance is much lower than your current balance, it could look suspicious, so you might want to ask the bank to leave your average balance off the letter if that is the case. You may also provide recent bank statements.
• Deeds or receipts for any assets. Chances are that you will not need this documentation if you are only sponsoring a noncitizen during a visit on a temporary visa. However, if you want to bolster the evidence of your financial situation, you could include copies of titles and deeds for vehicles, residences, and other property, as well as receipts for appliances, electronics, or any big-ticket items.

After Filling Out Form I-134, Do I Need to Send It Somewhere?

Do not mail Form I-134 to USCIS or any other government agency. Send the original Form I-134 to the noncitizen you intend to sponsor for inclusion with the visa application or to bring it to the U.S. consulate when applying for a B-2 visitor visa. Send the version with your ink signature on it—the consulate might reject a form that has been faxed or emailed.

Once you've sent the I-134, all that's left to do is wait for your friend or relative's U.S. visitor visa to be approved, or for them to enter the U.S. on the Visa Waiver Program.