Form I-134 and I-864 are both used to prove the necessary financial support in immigration cases. Because of this, people sometimes confuse the two forms.
Form I-134 is commonly used in certain nonimmigrant cases. One common example is the K-1 fiancé visa. Form I-864, on the other hand, is usually used in the family-based immigrant cases, including marriage-based green card cases.
Applicants need to be aware of the differences because Form I-864 creates a much stronger legal obligation for the sponsor.
We will discuss this in more detail in this article.
- Form I-134 is mainly for nonimmigrant cases like the K-1 fiancé visa and involves a more limited, short-term financial commitment.
- Form I-864 is for family-based immigrant and marriage-based green card cases and is a legally binding contract with long-term support obligations.
- Forms I-134 and I-864 are not interchangeable; using the wrong form can delay your case, so confirm which applies before filing or signing.
Form I-134 Is Commonly Used in K-1 Visa Cases
One of the most common uses of Form I-134 is in the K-1 fiancé visa process.
A K-1 visa allows a foreign fiancé to enter USA to marry a US citizen petitioner. The couple must marry within 90 days after the foreign fiancé enters the United States.
Why Form I-134 Is Requested at the K-1 Visa Interview
During the K-1 visa process, the foreign fiancé must show that he/she is not likely to become a public charge. The consular officer may ask the US citizen fiancé to submit Form I-134 to prove financial ability and support.
Through Form I-134, the person providing support gives information about income, assets, employment, and other financial resources. The purpose is to show that financial support will be available to the foreign fiancé.
Financial Evidence Filed with Form I-134
For example, the US citizen petitioner may submit individual tax returns, paystubs, an employment verification letter, or other financial documents with Form I-134. The officer may review this evidence when deciding whether the foreign fiancé is likely to become a public charge or not.
When a Second Form I-134 Can Be Submitted
If the US citizen petitioner does not have enough income, another person may sometimes submit a separate Form I-134 to provide financial support. However, whether the additional sponsor will be accepted or not may depend on the US consular officer reviewing the case.
Form I-134 is important, but it does not create the same long-term financial obligation as Form I-864.
Form I-864 Is Commonly Used in Marriage-Based Green Card Cases
Form I-864, Affidavit of Support is usually used in the family-based green card cases.
If a US citizen spouse (petitioner) files an immigrant petition for a foreign spouse, the petitioner will generally need to submit Form I-864 as part of the immigrant visa or adjustment of status process.
Form I-864 Is a Legally Binding Contract
Form I-864 is more than a statement that the financial sponsor plans to help the immigrant. By signing the form, the sponsor enters into a legally binding contract with the U.S. government.
The sponsor agrees to use his/her financial resources to support the sponsored immigrant if necessary. In most cases, the sponsor must show household income at or above 125 percent of the applicable Federal Poverty Guidelines.
Using a Joint Sponsor on Form I-864
If the petitioner’s income is not enough, a joint sponsor may sometimes help. However, the petitioner normally must still submit Form I-864 even when a joint sponsor is used. The joint sponsor must also meet the financial requirements and sign a separate Form I-864.
How Long the Form I-864 Obligation Lasts
The legal obligation under I-864 can continue for a long time. It generally ends only after certain events happen, such as the sponsored immigrant becoming a US citizen or receiving credit for 40 qualifying quarters of work.
Divorce does not automatically end the sponsor’s obligation under I-864. This is one of the most important differences between Form I-864 and Form I-134.
Because of this, a sponsor should not sign I-864 without full understanding of the obligation.
Form I-134 and Form I-864 Are Not Interchangeable
Please note that Form I-134 and Form I-864 are not interchangeable.
You cannot use Form I-864 in a K-1 visa case. Likewise, Form I-134 cannot replace Form I-864 in a marriage-based green card case.
When a K-1 Couple Uses Both Forms
A couple for K-1 visa application may eventually use both forms, but at different stages. Form I-134 may be used during the K-1 visa process. After the couple marries and the foreign spouse applies for a green card, then I-864 is used.
What Happens If You File the Wrong Support Form
The main point is using the wrong financial support form will cause a delay in the process, and the case might be rejected (not denied) by the government authorities.
Thus, before filing, please make sure you understand which form applies to your immigration case and what you are agreeing to when you sign it.
Speak to an Immigration Attorney Before You Sign
Choosing between Form I-134 and Form I-864 is not a paperwork question. It decides what the sponsor is legally committing to, and for how long. The immigration attorneys at Scott Legal, P.C. can review your case, confirm which financial support form applies at your stage of the process, and prepare the supporting evidence that goes with it.
