Affidavits of Support

        In order to petition for someone's visa, you must have sufficient income to be a financial sponsor for the person receiving the visa.

        The government requires the petitioner to prove he/she has sufficient regular gross income to support the visa recipient so that he/she does not become a public charge (welfare recipient). This is accomplished with a form I-134 Affidavit of Support for nonimmigrant visas, or form I-864 Affidavit of Support for immigrant visas. The gross income requirement for this is determined by the Health and Human Services Bureau Poverty Guidelines.

        The required minimum personal gross income (as shown on your latest federal income tax return) must be at least 125% of the poverty guideline for nonmilitary petitioners. Those in the military do not require the extra 25%. There are two kinds of Affidavits of Support.

     Form I-134, used for nonimmigrant visas (fiancés and K3 spouse), and

     Form I-864, used for immigrant, family (I-130 relative), employment based visas, and all change of status cases.

        The I-134 Affidavit is required at the time of the K1 or K3 interviews. After arrival and marriage in the U.S., his/her visa status must be changed from nonimmigrant to conditional permanent resident. At that time, the I-864 version must be submitted to the USCIS as part of the change of status.

        The I-134 Affidavit of Support has no teeth. It's not supported by law. However, the US Consulates require these to see, in advance, if you can meet the requirements of the I-864 Affidavit which will come after the visa recipient arrives in the US and changes status. Obviously, they don't want to give a visa to someone who will arrive in the US and then have their sponsor fail to meet the requirement of the I-864 when going through the change of status.

        The I-864 Affidavit of Support has some real legal teeth, however, and is a contract with the government where you agree to reimburse any department of federal, state, or county government that issues any means tested welfare benefits to your visa recipient. This contract cannot be broken through divorce by either party. However, the contract agreement is terminated when the visa recipient either:
    1) leaves the country permanently,
    2) obtains US Citizenship,
    3) has worked 40 quarters paying social security taxes,
    4) or dies. (Murder is not recommended. However, a one way ticket to Mars is acceptable.)

        The visa petitioner becomes the primary sponsor, whether his/her income is sufficient or not. If the petitioner has insufficient income, assets, or has a poor work record, a co-sponsor or joint sponsor is permissible.

        The co-sponsor must have sufficient income on his/her own to qualify under the poverty guidelines, regardless of the petitioner's income. The co-sponsor must also be a US Citizen and at least 21 years old. A joint sponsor must be used for the change of status if the primary sponsor has insufficient income.

        A Co-sponsor is used for the I-134 nonimmigrant Affidavit of support.

        A Joint-sponsor is used for the I-864 immigrant Affidavit of support .
　

        NOTE: The I-134 for a K1 Fiancé and K3 Spouse visas is not regulated by law as mentioned above. Therefore, the actual requirements are without authority and therefore without penalty.

        If a petitioner or co-sponsor, or joint sponsor has insufficient income, cashable assets may be substituted. For example: cashable assets, such as savings bonds, other bonds, stocks, money market accounts, real estate equities, etc., can usually make up for the difference in required gross income or no income at all.

        This option is usually acceptable on a prorated basis over five years. To do this, you must prove you have assets that can be converted to cash within one year, that are equal to 5 times the difference of the poverty guidelines, minus your income. For example, lets say you have an annual income of $3,562.50. Subtract this from $13,562.50 (a 1997 125% gross income requirement example). This would leave a difference of $10,000. That would mean you could use $50,000 (remember, 5 times) in cash valued assets to make up for what you lacked in income.

        This is generally true for I-134 Affidavits of Support. However, when your K1 Fiance or K3 Spouse gets here and she goes through the change of status, The I-864 Affidavit is used and that one is frozen in the law. Then you don't need that 15% to 20% margin. Your co- or joint-sponsor is also off the hook at that time when he/she gets the change of status.

        The liability on the I-864 is that you must reimburse all means tested welfare payments made to your spouse. So the liability is next to nothing. There is no liability on the I-134 because it's not supported by law. They'd like you to believe it is, but judges have always thrown these out of court. It's supposedly a contract, but a contract is invalid if it doesn't specifically explain what for, and the I-134 doesn't.