Understanding the I-864 and I-134 Forms: Financial Support for Immigration
If you’re sponsoring someone for a U.S. visa or green card, you may need to file one of two financial support forms:
- Form I-864: Affidavit of Support (for immigrants applying for green cards)
- Form I-134: Declaration of Financial Support (for certain temporary visa applicants)
These forms show that the person coming to the U.S. has financial backing and is unlikely to become a “public charge” (i.e., rely on government assistance).
📝 Form I-864: Affidavit of Support (Legally Binding)
- Used for: Most family-based green card applications and some employment-based cases where a relative is the petitioner.
- Who files: Usually the sponsoring U.S. citizen or green card holder.
- Purpose: Shows that the sponsor can financially support the immigrant at 125% of the Federal Poverty Guidelines.
- Legal obligation: This is a legally enforceable contract. The sponsor is financially responsible until the immigrant:
- Becomes a U.S. citizen
- Works for 40 quarters in the U.S.
- Leaves the U.S. permanently
- Or dies
➡️ Learn when the I-864 support obligation ends
📝 Form I-134: Declaration of Financial Support (Non-Binding)
- Used for: Temporary visa categories like:
- K-1 fiancé(e) visas
- Visitor (B-1/B-2) visas, in certain cases
- Who files: A friend, fiancé(e), or family member sponsoring a visitor or nonimmigrant applicant.
- Purpose: Shows that the visa applicant will be financially supported during their temporary stay in the U.S.
- Not legally binding: This form does not create a legal contract like the I-864.
💡 Main Differences Between I-864 and I-134
| Feature | Form I-864 | Form I-134 |
|---|---|---|
| Type | Legally binding contract | Informal declaration |
| Used for | Permanent residents (green card applicants) | Temporary visa holders |
| Legal responsibility | Long-term | Short-term (ends when visa expires) |
💼 Who Is Exempt from Filing Form I-864?
Some immigrants don’t need a financial sponsor. You may be exempt if:
- You’ve earned (or can be credited with) 40 qualifying quarters of work in the U.S.
- You’re under age 18 and automatically acquire U.S. citizenship upon entry (INA § 320 / Child Citizenship Act)
- You are a:
- Self-petitioning widow or widower with an approved Form I-360
- Self-petitioning abused spouse or child with an approved Form I-360
➡️ If you qualify for an exemption, file Form I-864W instead of Form I-864.
📊 Sponsor Income Requirements
To be a sponsor using Form I-864, your income must be at least 125% of the Federal Poverty Guidelines for your household size.
➡️ Use the latest Form I-864P to check the current guidelines.
Special rule for military sponsors: If you’re on active duty in the U.S. Armed Forces and sponsoring a spouse or minor child, the threshold drops to 100% of the poverty line.
📁 Proof of Income: What to Include
You must submit:
- Your most recent federal income tax return, or
- An IRS tax transcript for the latest year
➡️ You can also include the past 2 years of tax returns if needed.
💰 What If Your Income Is Too Low?
If your income doesn’t meet the required level, you can count assets to make up the difference. This includes:
- Your own assets
- The immigrant’s assets
- Assets from a household member (must live with you and complete Form I-864A)
✅ Assets must be:
- Convertible to cash within one year
- Without major loss or hardship
🏠 Can I Count My House as an Asset?
Yes, but only the net value (home’s value minus any mortgage or liens). You must include:
- Proof of ownership
- A recent appraisal by a licensed appraiser
- Loan documents showing how much is owed
Vehicles: Only count a car if you own more than one, and one vehicle is not needed for daily use.
👨👩👧 Using a Relative’s or Immigrant’s Assets
You can use assets from:
- A relative who lives with you (must complete Form I-864A)
- The intending immigrant (even if they live separately)
Each person contributing assets must include:
- A list of the assets
- Proof of ownership
- Documents showing the cash value
🧮 How Much in Assets Do You Need?
The required asset value depends on who you’re sponsoring:
- If you’re sponsoring someone other than a spouse or child:
- Total assets must equal 5x the income shortfall
- If you’re sponsoring a spouse or child as a U.S. citizen:
- Total assets must equal 3x the shortfall
- If sponsoring a foreign-born orphan to be adopted in the U.S.:
- Assets must equal the exact shortfall
✅ Final Tips for Sponsors
- Use the right form for the type of visa.
- Check your income and gather supporting documents early.
- Know the long-term responsibilities before signing.
- Consider legal guidance if your case involves complex income or asset issues.
[read here on when the obligations under the Affidavit of Financial Support terminate]
Current 2024 Federal Poverty Guidelines
— Minimum Income Requirements, based on household size
(there are separate figures for residents of Alaska and Hawaii, not listed here)
| Sponsor’s Household Size | 100% of HHS Poverty Guidelines* | 125% of HHS Poverty Guidelines* |
|---|---|---|
| For sponsors in the U.S. military, on active duty in the U.S. armed forces who are petitioning for their spouse or child | For all other sponsors | |
| 2 | $19,720 | $24,650 |
| 3 | $24,860 | $31,075 |
| 4 | $30,000 | $37,500 |
| 5 | $35,140 | $43,925 |
| 6 | $40,280 | $50,350 |
| 7 | $45,420 | $56,775 |
| 8 | $50,560 | $63,200 |
| Add $5,140 for each additional person | Add $6,425 for each additional person |
[read here on when the obligations under the Affidavit of Financial Support terminate]
Revised: March 2025.