I-134 Affidavit Sample: Marriage Sponsor Guide

Securing a future for a loved one in the United States often involves navigating complex legal procedures, wherein the United States Citizenship and Immigration Services (USCIS) requires meticulous documentation to ensure the immigrant will not become a public charge. One of the critical documents in this process is the I-134 Affidavit of Support, a legally binding contract and a cornerstone for family-based immigration petitions, particularly for spouses; the petitioner, acting as the sponsor, commits to providing financial support to the immigrating spouse. A clear understanding of the I-134 form is paramount, because it demonstrates the sponsor’s financial capacity and willingness to support the beneficiary, thereby increasing the likelihood of visa approval through the National Visa Center (NVC). An affidavit of support letter for marriage sample, demonstrating the structure and content expected by immigration officials, can serve as an invaluable tool for petitioners preparing to fulfill their sponsorship duties.

Contents

Understanding the Affidavit of Support (I-134): A Sponsor’s Foundation

The Affidavit of Support, specifically Form I-134, serves as a cornerstone within the architecture of family-based immigration. It’s more than just a form; it represents a binding pledge from a U.S. citizen or lawful permanent resident to financially support a relative seeking to immigrate.

This commitment is crucial because it assures the U.S. government that the incoming immigrant will not become a public charge, relying on government assistance programs for survival. It’s a safeguard designed to protect both the immigrant and the American taxpayer.

The Affidavit’s Role in Family-Based Immigration

The I-134 form is a crucial part of the family-based immigration process.

It demonstrates to U.S. Citizenship and Immigration Services (USCIS) that the immigrant has a reliable source of financial support upon arrival.

This assurance helps facilitate the approval of the immigrant’s visa application, paving the way for legal entry and residency in the United States.

Defining the Sponsor’s Legal and Financial Responsibilities

The Sponsor/Petitioner undertakes significant legal and financial burdens when signing the Affidavit of Support.

These responsibilities extend from the moment the immigrant becomes a lawful permanent resident.

The sponsor is obligated to provide the necessary means of support to maintain the sponsored immigrant at an income level that is at least 125% of the current poverty guideline for their household size.

This obligation continues until the immigrant becomes a U.S. citizen, has worked for 40 qualifying quarters (approximately 10 years), departs the U.S. permanently, or passes away. This is a substantial commitment, and should not be entered into lightly.

Key Players: Understanding the Roles

Several key parties are involved in the Affidavit of Support process, each with distinct roles and responsibilities:

The Sponsor/Petitioner

This individual, a U.S. citizen or lawful permanent resident, initiates the immigration process by petitioning for their relative and subsequently agreeing to provide financial support.

The sponsor must meet specific eligibility requirements, including age, residency, and income.

The Beneficiary/Immigrant

This is the individual seeking to immigrate to the United States, sponsored by their relative. They are the recipient of the financial assurance provided by the Affidavit of Support.

Household Members

These individuals, residing in the sponsor’s household, may contribute their income to help meet the financial requirements. Specific rules govern whose income can be included and how it is calculated.

Joint Sponsor

When the primary sponsor does not meet the income requirements, a Joint Sponsor may be enlisted.

This individual, also a U.S. citizen or lawful permanent resident, agrees to share the financial responsibility for the immigrant. The Joint Sponsor must independently meet the income requirements.

The Weight of Financial Responsibility

The financial commitment undertaken through the Affidavit of Support should not be underestimated. Sponsoring an immigrant is a solemn pledge that carries real-world consequences.

Sponsors must fully understand the potential impact on their own financial well-being and the long-term nature of their obligations.

Failure to provide adequate support could result in legal action to recover any public benefits the immigrant receives. It is therefore imperative to carefully assess one’s financial capacity before agreeing to become a sponsor.

Sponsor Eligibility: Meeting the Requirements

Before embarking on the journey of sponsoring a family member’s immigration, it’s paramount to rigorously assess your eligibility. The U.S. government sets specific criteria to ensure sponsors can genuinely provide adequate financial support, safeguarding against potential strain on public resources. Meeting these requirements is not merely a formality; it’s a fundamental pillar upon which the entire immigration process rests.

Core Eligibility Requirements

To qualify as a sponsor, you must first and foremost be a United States citizen or a Lawful Permanent Resident (LPR). This demonstrates a tangible connection and commitment to the U.S.

Beyond citizenship or LPR status, sponsors must be at least 18 years of age at the time of filing the Affidavit of Support.

Finally, residency is essential. You must be domiciled in the United States, meaning your principal place of residence is within the U.S., including its territories and possessions. Temporary absences do not necessarily negate domicile, but an intent to return and maintain a principal residence in the U.S. is crucial.

Understanding the Poverty Guidelines and Income Threshold

The Poverty Guidelines, issued annually by the Department of Health and Human Services (HHS), serve as the benchmark for determining a sponsor’s financial capacity.

Sponsors generally need to demonstrate an income equal to at least 125% of the poverty level for their household size, including the immigrating relative. This threshold ensures that the sponsored immigrant is unlikely to become a public charge.

The exact income requirement fluctuates based on household size and the specific year’s Poverty Guidelines, so consulting the most up-to-date information is crucial.

It’s essential to understand that this is gross income, before taxes or other deductions, that counts towards meeting the requirement.

Household Income and Assets as Contributing Factors

While individual income is a primary factor, the government recognizes that household income and assets can contribute to financial stability. Household income can include the income of the sponsor’s spouse and other dependent family members, provided they are willing to make their income available for the support of the immigrating relative.

These individuals must sign Form I-864A, Contract Between Sponsor and Household Member, to formalize their agreement.

In situations where income falls short of the 125% threshold, assets can be considered. Assets must be readily convertible into cash within one year and can include savings accounts, stocks, bonds, and real estate.

The value of the assets must generally equal at least five times the difference between the sponsor’s income and the required income threshold. For U.S. citizens sponsoring their spouse or child (under 18), the asset requirement is lower, typically requiring assets equal to three times the difference.

The Role of a Joint Sponsor

When a sponsor cannot meet the income requirements, a joint sponsor can step in. A joint sponsor must independently meet all the eligibility criteria for a sponsor, including citizenship/LPR status, age, and domicile.

Critically, the joint sponsor must also meet the 125% income requirement based on their own household size. The income of the primary sponsor and the joint sponsor cannot be combined to meet the requirement. Each must independently qualify.

A joint sponsor provides a separate Affidavit of Support (Form I-134) and is equally responsible for financially supporting the immigrating relative along with the primary sponsor. Their role is to provide an additional layer of financial security to ensure the immigrant does not become a public charge.

Form I-134: A Step-by-Step Guide to Completion

Successfully navigating the Form I-134, Affidavit of Support, is pivotal in the family-based immigration process. This intricate document requires meticulous attention to detail, as errors or omissions can lead to significant delays or even outright denial. The following guide provides a structured approach to completing the form accurately and comprehensively.

Obtaining the Form and Initial Review

The first step involves acquiring the most recent version of Form I-134 from the USCIS website. Before initiating the completion process, thoroughly review the form instructions provided by USCIS. This document outlines the purpose of each section, the required documentation, and any specific guidelines that must be followed. Familiarization with these instructions is paramount to ensuring accuracy.

Sponsor/Petitioner Information: Providing Comprehensive Details

This section necessitates meticulous completion, as it establishes the sponsor’s identity and eligibility. Accurately record your full legal name, date of birth, place of birth, and current address. Provide your A-Number (Alien Registration Number) if applicable.

The inclusion of a detailed employment history is crucial. This includes the name and address of your current employer, your occupation, and your annual income. If self-employed, provide detailed documentation verifying your business ownership and income.

A comprehensive overview of your financial history is also required. This includes information on your assets, such as bank accounts, stocks, and bonds. Be prepared to provide supporting documentation to substantiate the value of these assets.

Beneficiary/Immigrant Information: Accurate Identification

The beneficiary section demands the accurate recording of the immigrant’s personal information. This includes their full legal name, date of birth, place of birth, current address, and A-Number (if applicable).

Additionally, information regarding their relationship to the sponsor must be clearly stated. Any discrepancies in this section can raise red flags and cause processing delays. Ensure the information provided aligns with the details provided in other immigration forms.

Household Member Information: Including Eligible Contributions

This section allows the sponsor to include the income of certain household members to meet the poverty guidelines. Only eligible household members—typically spouses or dependent children—who are willing to make their income and/or assets available for the support of the beneficiary may be included.

Each household member included must complete Form I-864A, Contract Between Sponsor and Household Member. Accurate completion of Form I-864A is essential, as it legally binds the household member to provide support to the beneficiary.

Documentation substantiating the household member’s income and assets, such as tax returns and bank statements, must also be included.

Listing and Verifying Assets: Meeting Financial Requirements

If the sponsor’s income alone does not meet the poverty guidelines, they can utilize their assets to bridge the gap. Eligible assets include savings accounts, stocks, bonds, and real estate.

The value of these assets must be clearly documented and verifiable. Provide bank statements, brokerage account statements, or real estate appraisals to support the claimed value.

It is crucial to understand that only assets that can be readily converted to cash within one year are considered. The net value of the assets, after deducting any liabilities, must be at least five times the difference between the sponsor’s income and the poverty guideline for their household size.

Accuracy and Honesty: Cornerstones of the Application

Throughout the completion process, prioritizing accuracy and honesty is of paramount importance. Any misrepresentation or omission of information can have severe consequences, including denial of the immigration petition and potential legal repercussions.

Double-check all entries for errors, and ensure that all supporting documentation is consistent with the information provided on the form. When in doubt, consult with an immigration attorney to ensure compliance with all applicable regulations.

Assembling Your Evidence: Supporting Documentation

Successfully navigating the Form I-134, Affidavit of Support, is pivotal in the family-based immigration process. The financial soundness of the sponsor is largely determined through the meticulous review of supporting documentation. Therefore, its presentation is critical.

This section focuses on the crucial task of gathering and organizing the required supporting documentation for the Affidavit of Support. We will present a comprehensive list of necessary documents. We will also explain how to obtain and present them effectively to USCIS.

Compiling Essential Financial Records

The Affidavit of Support relies heavily on verifiable financial documentation. This serves as concrete evidence of the sponsor’s ability to financially support the immigrating relative.

The thoroughness and accuracy of the submitted documentation are paramount. They directly influence the efficiency of the review process. This minimizes potential delays. Missing or incomplete documentation can lead to Requests for Evidence (RFEs). These can significantly prolong the overall immigration timeline.

Tax Returns: A Cornerstone of Financial Evidence

Tax returns are arguably the most critical piece of documentation. They offer a comprehensive overview of the sponsor’s income history.

USCIS typically requires federal tax returns (IRS Form 1040) for the past three tax years. These must be submitted as complete copies, including all schedules and attachments. It is imperative that the tax returns accurately reflect the sponsor’s income. They must also reflect their filing status and any claimed dependents.

Verifying Current Income: W-2s and Pay Stubs

While tax returns provide a historical perspective, W-2 forms and recent pay stubs offer a snapshot of the sponsor’s current income. These documents are essential for demonstrating ongoing financial stability.

Submit copies of W-2 forms from the most recent tax year. Also, provide several recent pay stubs to corroborate the income declared on the Affidavit of Support. Pay stubs should clearly display the sponsor’s name, employer’s name, pay period, and gross income.

Documenting Assets: Bank Statements and More

In certain cases, sponsors may utilize assets to supplement their income to meet the poverty guidelines. Acceptable assets can include savings accounts, stocks, bonds, and real estate.

Provide clear and comprehensive documentation to verify the value and ownership of these assets. Bank statements should be recent and display the account holder’s name and the account balance. Brokerage statements should detail the types and values of investments.

Real estate holdings should be supported by appraisals or other evidence of current market value. The value of assets must exceed any associated liabilities.

Employment Verification: The Employment Letter

An employment letter from the sponsor’s employer serves as independent verification of their current employment status and salary.

This letter should be printed on company letterhead and include the following information: the sponsor’s job title, start date, current salary, and whether the position is permanent or temporary. A recent employment letter adds credibility to the sponsor’s claims of financial stability.

Marriage Certificate (If Applicable): Establishing Household Size

If the sponsor is married and including their spouse’s income as part of the household income, a copy of the marriage certificate is required.

This document establishes the legal relationship. This then justifies including the spouse as a member of the sponsor’s household. Ensure that the copy is clear and legible.

Organization and Presentation: Setting Up for Success

The manner in which the supporting documentation is organized and presented to USCIS can significantly impact the processing of the Affidavit of Support.

Organize all documents logically and clearly. It is recommended to create a checklist of all required documents and arrange them in the same order as they are listed on the checklist. This helps ensure that nothing is missed and makes it easier for USCIS to review the submission.

Make sure that all copies are clear, legible, and free of any obstructions. Avoid using staples or paper clips, as these can damage the documents during processing. Instead, use binder clips or rubber bands to keep the documents together.

The presentation of financial evidence is a critical step. The documentation substantiates the claims made on Form I-134. Meticulous preparation can avoid delays and further RFEs from USCIS.

Submitting and Processing Your Affidavit of Support

Assembling Your Evidence: Supporting Documentation
Successfully navigating the Form I-134, Affidavit of Support, is pivotal in the family-based immigration process. The financial soundness of the sponsor is largely determined through the meticulous review of supporting documentation. Therefore, its presentation is critical.

This section focuses on the submission process for Form I-134, and outlines what to expect during the processing phase. It clarifies the roles of USCIS and the NVC and prepares sponsors for potential requests for additional evidence.

Where and How to Submit Form I-134

The method for submitting Form I-134 depends heavily on the beneficiary’s location. If the beneficiary is already in the United States and eligible to apply for Adjustment of Status (AOS), the submission process differs significantly from when the beneficiary resides abroad.

For beneficiaries seeking AOS within the U.S., the I-134 is typically filed concurrently with Form I-485 (Application to Register Permanent Residence or Adjust Status). Ensure the I-134 is included in the package sent to the USCIS Lockbox facility designated for the specific I-485 form category.

Consult the USCIS website for the most up-to-date filing instructions and Lockbox addresses. Precise adherence to these instructions is crucial to avoid processing delays.

When the beneficiary is outside the U.S., the I-134 is not directly submitted to USCIS by the sponsor. Instead, once the underlying immigrant visa petition (e.g., Form I-130) is approved, it’s sent to the National Visa Center (NVC). The NVC will then request the sponsor to submit the I-134 and supporting documents electronically through the Consular Electronic Application Center (CEAC).

This online submission streamlines the review process and ensures that all required information is readily accessible to consular officers.

Adjustment of Status (AOS) within USCIS

Adjustment of Status allows eligible foreign nationals physically present in the U.S. to apply for lawful permanent residency without returning to their home country for visa processing.

The USCIS meticulously reviews the I-134, alongside other AOS application forms, to determine if the sponsor meets the income requirements necessary to support the beneficiary. This review includes an assessment of the sponsor’s current income, assets, and overall financial stability.

USCIS officers may request additional evidence if they have doubts about the sponsor’s ability to maintain the required level of support.

If the USCIS approves the I-485 application, the beneficiary will receive a green card, granting them lawful permanent resident status.

The National Visa Center (NVC) and Immigrant Visa Applications

For beneficiaries residing outside the U.S., the National Visa Center plays a central role in the immigrant visa process. Once USCIS approves the I-130 petition, the case is transferred to the NVC.

The NVC manages pre-processing tasks, including collecting fees, required documents (including the I-134), and scheduling interviews at a U.S. embassy or consulate abroad.

The NVC meticulously examines the submitted I-134 and supporting documentation to verify the sponsor’s financial capacity. They ensure the sponsor meets the minimum income requirements based on the Poverty Guidelines.

After reviewing the documents, the NVC forwards the case to the appropriate U.S. embassy or consulate for an interview. The consular officer at the embassy or consulate makes the final determination on the immigrant visa application.

Requests for Evidence (RFEs) and How to Respond

During the processing of Form I-134, USCIS or the NVC may issue a Request for Evidence (RFE). This indicates that they require additional information or documentation to make a decision on the case. Responding promptly and thoroughly to an RFE is critical.

The RFE will specify the exact information or documents needed. Common requests include:

  • Updated tax returns,
  • Pay stubs,
  • Employment verification letters, or
  • Additional evidence of assets.

Carefully review the RFE and gather all requested documents. Provide a clear and concise explanation addressing the specific concerns raised by USCIS or the NVC.

Organize your response in a logical manner and include a cover letter that summarizes the information provided. Submit the response by the deadline specified in the RFE to avoid delays or potential denial of the application.

In conclusion, understanding the submission and processing procedures for the Affidavit of Support is essential for a seamless immigration journey. By adhering to guidelines, providing accurate documentation, and responding promptly to any requests, sponsors can proactively contribute to a positive outcome for their loved ones.

Submitting and Processing Your Affidavit of Support
Assembling Your Evidence: Supporting Documentation

Successfully navigating the Form I-134, Affidavit of Support, is pivotal in the family-based immigration process. The financial soundness of the sponsor is largely determined through the meticulous review of supporting documentation. Therefore, it is equally crucial to understand the duration and scope of the sponsor’s financial obligations extending far beyond the initial approval.

Understanding the Sponsor’s Ongoing Obligation

Sponsorship is not merely a one-time formality, but a legally binding commitment to financially support the immigrant beneficiary. Understanding the nuances of this ongoing obligation is paramount for both the sponsor and the immigrant.

Duration of the Financial Obligation

The sponsor’s obligation generally remains in effect until one of the following conditions is met:

  • The immigrant becomes a U.S. citizen.

  • The immigrant has worked, or can be credited with, 40 qualifying quarters of coverage under the Social Security Act (approximately ten years).

  • The immigrant ceases to have lawful permanent resident status and departs the United States.

  • The immigrant becomes subject to removal, but applies for and obtains a new grant of adjustment of status.

  • The sponsor or the immigrant dies.

It’s important to note that divorce does not terminate the Affidavit of Support obligation.

Scope of Financial Responsibility

The sponsor is obligated to provide the necessary means of support to maintain the sponsored immigrant at an income that is at least 125% of the current poverty guideline for the immigrant’s household size. This obligation extends to federal, state, and local means-tested public benefits.

This means that if the immigrant receives any of these benefits, the agency providing the benefit can seek reimbursement from the sponsor.

The government can even sue the sponsor to recover the cost of benefits paid to the immigrant.

This financial responsibility is not a minor undertaking and should be carefully considered before submitting Form I-134.

Legal and Ethical Considerations

Beyond the legal requirements, there exists an ethical dimension to sponsoring an immigrant.

Sponsors are often family members or close friends who have encouraged the immigrant to pursue a new life in the U.S.

Therefore, there is a moral imperative to provide the promised support.

This responsibility includes assisting the immigrant in becoming self-sufficient through employment or education.

Failing to meet this obligation can have severe consequences for both the sponsor and the immigrant.

The sponsor’s credit rating could be negatively impacted, and the immigrant may face significant hardship.

Navigating the Complexities

The ongoing nature of the Affidavit of Support requires careful planning and a realistic assessment of one’s financial capacity. Sponsors should regularly review their financial situation and be prepared to provide support if the immigrant encounters unexpected challenges. Open communication between the sponsor and the immigrant can help to navigate potential difficulties and ensure that the sponsorship arrangement remains mutually beneficial and compliant with U.S. immigration law.

Submitting and Processing Your Affidavit of Support
Assembling Your Evidence: Supporting Documentation
Successfully navigating the Form I-134, Affidavit of Support, is pivotal in the family-based immigration process. The financial soundness of the sponsor is largely determined through the meticulous review of supporting documentation. Therefore, it’s crucial to acknowledge that not all applications proceed seamlessly. This section delves into common challenges and provides actionable strategies to overcome them, ensuring sponsors can fulfill their financial commitments.

Troubleshooting: Overcoming Common Challenges

The Affidavit of Support process, while seemingly straightforward, can present hurdles, particularly regarding income sufficiency and complex financial situations. Overcoming these challenges requires a proactive approach and a thorough understanding of available options. This section explores these obstacles and provides practical solutions to ensure the sponsor meets the financial requirements.

Addressing Income Deficiencies

One of the most frequent impediments to Affidavit of Support approval is the sponsor’s inability to meet the minimum income threshold set by the U.S. Poverty Guidelines. If the sponsor’s income falls short, several strategies can be employed.

Utilizing Assets

USCIS allows sponsors to supplement their income by including the value of significant assets. These assets must be readily convertible to cash within one year.

Acceptable assets include:

  • Savings accounts
  • Stocks and bonds
  • Real estate

It’s important to note that the total net value of these assets must be at least five times the difference between the sponsor’s income and the poverty guideline for their household size, including the immigrant(s) being sponsored.

For U.S. citizens sponsoring their spouse or child(ren) (under 18), the asset requirement is only three times the difference.

Seeking a Qualified Joint Sponsor

When a sponsor’s income and assets are insufficient, a joint sponsor can play a pivotal role. A joint sponsor is another individual who meets the income requirements independently and is willing to assume the same legal responsibilities as the primary sponsor.

The joint sponsor must also be a U.S. citizen, national, or lawful permanent resident; at least 18 years old; and domiciled in the United States.

It’s vital to remember that the joint sponsor’s income is assessed separately from the primary sponsor’s, and both sponsors are equally responsible for supporting the immigrant.

Including Income from Eligible Household Members

In certain cases, the income of other household members can be considered. A household member can be any relative living in the same household as the sponsor. To include their income, the household member must sign Form I-864A, Contract Between Sponsor and Household Member.

This form legally binds the household member to make their income available for the support of the sponsored immigrant(s). USCIS will evaluate the household member’s income based on their tax returns and current employment.

Navigating Specific Financial Situations

Beyond general income deficiencies, specific financial situations require tailored approaches. Understanding how to address these scenarios is crucial for a successful application.

Self-Employment

Self-employed individuals must provide comprehensive documentation to demonstrate their income stability. This includes:

  • IRS Form 1040 with Schedule C (Profit or Loss from Business)
  • Schedule SE (Self-Employment Tax)
  • Business licenses
  • Bank statements

USCIS scrutinizes self-employment income closely, often requiring evidence of consistent revenue generation and business sustainability.

Unemployment

Sponsors who are unemployed at the time of filing face significant challenges. While unemployment benefits can be considered as income, they are often insufficient to meet the income threshold.

In such situations, exploring the options of utilizing assets, seeking a joint sponsor, or including the income of eligible household members becomes paramount. Sponsors should also provide documentation outlining their efforts to find employment and any potential job offers.

Retirement

Retirees can use their retirement income, such as Social Security benefits, pensions, and distributions from retirement accounts, to meet the income requirements. However, USCIS will assess the stability and sustainability of this income stream.

Submitting detailed documentation of retirement benefits and account statements is essential. Additionally, retirees may need to rely on assets to supplement their retirement income if it falls short of the required threshold.

When to Seek Legal Counsel: The Role of an Immigration Attorney

Assembling Your Evidence: Supporting Documentation
Submitting and Processing Your Affidavit of Support

Successfully navigating the Form I-134, Affidavit of Support, is pivotal in the family-based immigration process. The financial soundness of the sponsor is largely determined through the meticulous review of supporting documentation. Therefore, it is crucial to be able to discern when the complexities of the process warrant the expertise of an immigration attorney.

The Immigration Attorney’s Role in Affidavit of Support Cases

An immigration attorney serves as a guide, advocate, and expert resource throughout the Affidavit of Support process. Their role extends far beyond simply filling out forms; it involves a comprehensive understanding of immigration law, strategic case preparation, and skilled representation.

  • Expert Guidance: Attorneys possess in-depth knowledge of the constantly evolving immigration laws and policies, allowing them to provide accurate and up-to-date advice.

  • Strategic Case Preparation: They can assess the sponsor’s financial situation, identify potential challenges, and develop a strategy to present the strongest possible case to USCIS or the NVC.

  • Representation: Attorneys act as a liaison between the sponsor and immigration authorities, ensuring effective communication and advocating for the sponsor’s interests.

  • Legal Expertise: Immigration lawyers can interpret intricate rules, understand complex legal concepts, and prepare the necessary paperwork correctly.

An attorney meticulously handles your application, ensures legal requirements are met and advocates for the best possible outcome, thus increasing your likelihood of approval.

Situations That Warrant Legal Consultation

While many Affidavit of Support cases are straightforward, certain circumstances demand the expertise of legal counsel. Seeking legal advice proactively can prevent costly errors, delays, or even denials.

Complex Financial Situations

Financial complexities often necessitate the assistance of an attorney.

  • Self-Employment: Documenting income and expenses for self-employed individuals can be challenging. An attorney can help gather proper financial statements.

  • Significant Debt: High levels of debt can raise concerns about the sponsor’s ability to provide support. An attorney can help present financial situations positively.

  • Fluctuating Income: Irregular income patterns require careful documentation and explanation.

An attorney can assist in presenting such situations in a clear and convincing manner to immigration officials.

Prior Immigration Violations

A history of immigration violations can significantly impact the Affidavit of Support process.

  • Deportation Orders: Previous deportation orders against the sponsor or the beneficiary raise red flags and require careful legal analysis.

  • Overstays: Prior overstays in the United States can affect eligibility for adjustment of status.

  • Unlawful Employment: A history of unauthorized employment may create complications.

Legal counsel can assess the potential impact of these violations and develop strategies to mitigate any negative consequences.

Previous Denials

A denial of a previous Affidavit of Support application signals underlying issues that must be addressed. Simply resubmitting the same application is unlikely to yield a different result.

  • Identifying the Cause: An attorney can analyze the reasons for the previous denial and identify the specific deficiencies that need to be corrected.

  • Building a Stronger Case: They can gather additional evidence, strengthen the arguments, and present a more persuasive case to immigration authorities.

  • Appeal Options: If appropriate, an attorney can advise on the feasibility of appealing the denial and represent the sponsor in the appeals process.

Other Complexities

Legal counsel can be beneficial if you face the following complexities.

  • Criminal History: Past convictions or pending criminal charges can create serious obstacles in the immigration process.

  • Medical Issues: Significant medical conditions of the sponsor or the beneficiary may raise concerns about the ability to provide adequate care.

  • Change of Circumstances: An attorney is necessary when there are significant changes such as changes in employment, marital status or any other significant change in situation that may affect the form.

It is crucial to remember that immigration law is complex and ever-changing. An immigration attorney’s expertise can be invaluable in navigating these complexities and ensuring a successful outcome for your Affidavit of Support case. Consider consulting with an attorney to explore how they can help you navigate the process, improve your chances of success, and ensure compliance with all legal requirements.

FAQs: I-134 Affidavit Sample: Marriage Sponsor Guide

What is the purpose of an I-134 Affidavit of Support in a marriage-based green card application?

The I-134 Affidavit of Support shows the U.S. government that a sponsor is willing and able to financially support their spouse immigrating to the U.S., so they won’t become a public charge. You’ll typically use an I-864, but sometimes the I-134 is accepted (e.g., if the sponsor is not domiciled in the U.S.). An affidavit of support letter for marriage sample can guide you on the type of information required.

Does the I-134 Affidavit guarantee my spouse won’t need public assistance?

No. While the I-134 Affidavit of Support expresses intent to provide financial support, it’s not a legally binding contract like the I-864. If your spouse needs public assistance, the sponsor is not legally obligated to repay the government. An affidavit of support letter for marriage sample provides an outline, but doesn’t guarantee anything.

What income information should I include in my I-134 form as a sponsor?

You should include your current annual income from all sources, supported by tax returns, pay stubs, and bank statements. It’s essential to show you meet the income requirements to support your spouse. Consulting an affidavit of support letter for marriage sample can help you determine what documents should be provided.

If I don’t meet the income requirements, what are my options?

If you don’t meet the income requirements individually, you can consider using a joint sponsor who is willing to file a separate I-134 or I-864. You can also demonstrate significant assets that could be easily converted to cash. Reviewing an affidavit of support letter for marriage sample may provide some insights, but specific income requirements will need to be verified with USCIS.

Alright, that covers the essentials! Remember, crafting your I-134 Affidavit Sample: Marriage Sponsor Guide and, specifically, your affidavit of support letter for marriage sample, should be done with care and honesty. Take your time, gather your documents, and don’t hesitate to seek help from an immigration attorney if needed. Good luck with your journey!

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