- Form I-864
- Form I-134
- Who can submit the Affidavit of Support
- What kind of evidence is needed for sponsor
- What is the responsibility of the sponsor
- How long does an affidavit valid
For most immigrants entering the US, the government requires proof that they (immigrants) will not become a burden on American taxpayers. In 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act, which as a result created a new form of Affidavit Of Support, Form I-864.
This form legally obliges the sponsor has to be responsible for the immigrant in such way that the federal or state government can file a sponsor in court if the sponsor does not fulfill the promise of support. The Affidavit of Support remains in force until the immigrant becomes a US citizen or until the immigrant accumulates 10 years of working experience in the US.
The Affidavit of Support of Joint Sponsor is necessary in all immigration cases which bound with a family reunion, or employment immigration if the applicant has a family tie with the owner of the requesting company.
It’s really easy to get confused here because there are two forms of affidavit – I-864 and I-134. So let’s consider both of them.
For those who:
- wants to the reunion with a family
- moves to the USA
- wants to change the resident status (twist visa status to the green card, etc,)
- applies to the immigration visa in American consulate abroad.
Requirements for the sponsor:
- this is the one who submits a petition for reunification with the family or for hiring a foreigner
- must be the US citizen or owner of a green card
- must be older than 18
- constantly live in America
- the income level – must be not less than 125% of the annual poverty level, annually approved by the Department of Health and Humanitarian Aid to the Population.
If your sponsor does not meet the last requirement, issue a “joint sponsorship”: in this case, an additional sponsor may be a person who will meet the income requirements, but not associated with you.
The term of applying:
The questionnaire I-864 must be given to the consul within 6 months from the date of its signing and confirmation by the notary. Otherwise, new questionnaires will be required.
The consular fee which you need to pay is $88.
That form is often only a reserve option, to which you resort if you can not prove that you are financially independent. For example, when enrolling in an American university, you can replace it with a sponsorship letter from your relative who is not a US citizen.
However, form I-134 often has a positive effect on the decision of the consul.
Suits for those who:
- wins in DV Lottery
- enters the American University
- comes to the USA under Fiance Visa К-1
- applies for a work visa (provided that their relatives have no interest in this business)
- comes to the US with Advance Parole (refugee, political immigrants)
- applies for Tourist Visa (the Consul may request this form if he doubts that you will be able to pay for your stay in the country)
Requirements for the sponsor:
Sponsors in the case of Form I-134 meet the same requirements as in the case of I-864. The only difference is that it can not only be a relative
This form provides for free.
Who can submit the Affidavit of Support
This is done by someone who “invites” you to the United States – a relative, an employer. Ideal – if your sponsor is your American relative, who meets the above requirements. However, your friend or acquaintance can fill out the immigration form, especially if you are going to America for a while.
What kind of evidence is needed for sponsor
The Immigration Service recognizes the following documents and the sponsor can provide one or more of them:
- An application from a representative of a US bank or other financial institution specifying the date of opening an account, the amount of the amount credited to the account for the previous year, and the current balance.
- The application from the employer on the official form, specifying the start date of work, the amount of salary and whether the position is temporary or permanent.
- If you are self-employed: a copy of the latest income tax return or a report from the commercial rating concern.
- The information on its shares and bonds.
Security is also proved by the availability of property, real estate, and life insurance.
Each document in Russian (or any non-English) must be accompanied by a full translation into English and a certificate that the translator is competent.
Will the consulate check the provided information
The Immigration Service checks whether the questionnaire is filled out in detail if enough documents have been collected. You may be asked to give more information and evidence of income, send original documents instead of copies (they are promised to return) or call for an interview at the office of the emigration service. That is, the authenticity and legality of the documents brought to the special verification will not be subjected.
However, if you or the sponsor intentionally provide false information, you may be denied immigration benefits (do not give a visa, do not open a green card), and this time, and in the future. Form I-864 is checked harder than 134, and the sponsor can be held criminally liable for providing false information.
What is the responsibility of the sponsor
By signing Form I-864, your sponsor promises that you do not contact the state for material support. If you do not keep your promise, the sponsor will be obliged to reimburse the state institution or private organization for any benefits that you received.
Nevertheless, the income of your sponsor can add up to your income to check whether it is worth giving you a meal allowance, additional benefits to the poor or temporary support for needy families. Another obligation of the sponsor is to report within 30 days about the change of address to the immigration service so that it can be easily found if that. If he conceals his move, he will have to pay a fine.
Form I-134 is also called “unrealizable”: that is, your sponsor will in fact never have to give you money. It is believed that you will soon change your status in the US (get citizenship, green card, get married), and you will not need sponsorship. In addition, if you ask the state for support, you will most likely be refused, given your status, and therefore the sponsor will not have to refund anything.
However, if your visa is temporary, your sponsor must guarantee the USCIS that you will maintain your non-migrant status during your stay in the US and leave the country before your visa expires.
How long does an affidavit valid
Responsibility is removed from the sponsor who signed the affidavit I-864, when his “ward” becomes a US citizen, accumulates 10 years of working experience in America, soon leaves this country or dies.
Form I-134 does not have a validity period, because it does not have legal force.