The I-864 Affidavit of Support and the I-134 Declaration of Financial Support are two different forms used in the U.S. immigration processes related to Green Card applications. These are generally completed by the Sponsoring Petitioner, who usually is a U.S. Citizen or Lawful Permanent Resident (i.e. “Greencard-holder”). Here’s a brief overview of each:
I-864 Affidavit of Support:
- Purpose: This form is typically required for family-based Green Card applications and some employment-based applications when a relative is the petitioner. It is a legally enforceable contract.
- Function: The sponsor (usually the petitioner) must prove they have enough income or assets to support the immigrant at a level at or above 125% of the U.S. Poverty Guidelines. This is to ensure that the immigrant will not become a public charge, meaning they won’t need to rely on government welfare.
- Legally Binding: The sponsor’s obligations usually last until the immigrant becomes a U.S. citizen, works for 40 qualifying quarters in the U.S., dies, or permanently leaves the U.S.
I-134 Declaration of Financial Support:
- Purpose: This form is often used for nonimmigrant visa applications, like K-1 fiancé(e) visas, and in some instances for visitors’ visas. It is less formal and not a legally binding contract like the
I-864. - Function: The sponsor shows that the visa applicant has adequate financial support to visit the U.S. and is unlikely to become a public charge while in the country.
- Duration of Responsibility: The obligations under this form are generally considered to end when the visa expires or the visitor leaves the U.S., and it does not extend to any status changes that may occur later.
The primary distinction is that the I-864 is a binding contract intended for immigrants seeking permanent residency, whereas the I-134 is a less formal declaration often used for temporary visitors. The requirements and implications of each form differ significantly, reflecting the different intentions of permanent and temporary stays in the U.S.
The intending immigrant must generally provide this proof of financial support from a qualifying sponsor, unless:
- Any intending immigrant who has earned or can receive credit for 40 qualifying quarters (credits) of work in the United States. In addition to their own work, intending immigrants may be able to secure credit for work performed by a spouse during marriage and by their parents while the immigrants were under 18 years of age. The Social Security Administration (SSA) can provide information on how to count quarters of work earned or credited and how to provide evidence of such. See the SSA website at https://www.ssa.gov/myaccount/ for more information;
- Any intending immigrant who will, upon admission, acquire U.S. citizenship under section 320 of the Immigration and Nationality Act (INA), as amended by the Child Citizenship Act of 2000 (CCA);
- Self-petitioning widows or widowers who have an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant; and
- Self-petitioning battered spouses and children who have an approved Form I-360.
NOTE: If you qualify for one of the exemptions listed above, submit Form I-864W, Intending Immigrant’s Affidavit of Support Exemption, instead of Form I-864.
What Are the Income Requirements?
To qualify as a sponsor, you must demonstrate that your income is at least 125 percent of the current Federal Poverty Guidelines for your household size. The Federal poverty line, for purposes of this affidavit, is updated annually and can be found on Form I-864P, Poverty Guidelines, on the USCIS website at www.uscis.gov.
NOTE: If you are on active duty in the U.S. Armed Forces, and you are sponsoring your spouse or minor child, you only need to have an income of 100 percent of the Federal Poverty Guidelines for your household size. This provision does not apply to joint or substitute sponsors.
What evidence does the Sponsor need to provide as proof of income?
You must provide either an Internal Revenue Service (IRS) transcript or a photocopy from your own records of your Federal individual income tax return for the most recent tax year. If you believe additional returns may help you to establish your ability to maintain sufficient income, you may submit transcripts or photocopies of your Federal individual income tax returns for the three most recent years.
What if the income is not sufficiently high enough given the household size?
If your total household income does not meet the requirement, you may submit evidence of the value of your assets, the sponsored immigrant’s assets, and/or assets of a household member that can be used, if necessary, for the support of the intending immigrants. The value of assets of all of these persons may be combined in order to meet the necessary requirement.
Only assets that can be converted into cash within one year and without considerable hardship or financial loss to the owner may be included. The owner of the asset must include a description of the asset, proof of ownership, and the basis for the owner’s claim of its net cash value.
Can my home be counted as an asset?
You may include the net value of your home as an asset. The net value of the home is the appraised value of the home, minus the sum of any and all loans secured by a mortgage, trust deed, or other lien on the home. If you wish to include the net value of your home, then you must include documentation demonstrating that you own it, a recent appraisal by a licensed appraiser, and evidence of the amount of any and all loans secured by a mortgage, trust deed, or other lien on the home. You may not include the net value of an automobile unless you show that you have more than one automobile, and at least one automobile is not included as an asset.
Can I also include and use the assets of other persons?
To use the assets of a relative (spouse, adult son or daughter, parent, or sibling), the relative must reside with you and have completed Form I-864A with accompanying evidence of assets. Form I-864A and accompanying evidence of assets is submitted with Form I-864. You may use the assets of more than one relative who resides with you so long as you submit a complete Form I-864A with evidence of assets for each such relative.
You may use the assets of the intending immigrant regardless of where he or she resides. The intending immigrant must provide evidence of such assets with this affidavit.
Total Value of Assets
In order to qualify based on the value of your assets, the total value of your assets must equal at least five times the difference between your total household income and the current Federal Poverty Guidelines for your household size. However, if you are a U.S. citizen and you are sponsoring your spouse or child age 18 years of age or older, the total value of your assets must only be equal to at least three times the difference. If the intending immigrant is a foreign national orphan who will be adopted in the United States after he or she acquires legal permanent residence, and who will, as a result, acquire citizenship under section 320 of the INA, the total value of your assets need only equal the difference.
Current 2023 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 |
Revised: December 2023.