9 FAM 40.41 N5.6-3 Use of Form I-134, Affidavit of Support
a. Form I-134 may be requested by you in any case in which an alien is inadmissible on public charge grounds, but where the I-864 is not required.
Section 213 of the INA (not section 213A) permits the admission of any alien who is inadmissible on public charge grounds in the discretion of the Secretary of the Department of Homeland Security or the Attorney General, by the posting of a bond, or by another undertaking. The I-134 is considered to be another such undertaking.
b. Because INA 212(a)(4)(C) and INA 213A require the use of Form I-864 for so many classes of immigrants, the use of Form I-134, Affidavit of Support, has been reduced considerably. Nevertheless, there still are circumstances when Form I-134 will be beneficial. This affidavit, submitted by the applicant at your request, is not legally binding on the sponsor and should not be accorded the same weight as Form I-864. Form I-134 should be given consideration as one form of evidence, however, in conjunction with the other forms of evidence mentioned below.
c. If you determine that any of the following types of applicants need an Affidavit of Support to meet the public charge requirement, they may use Form I-134, as they are not authorized to use Form I-864 or I-864W:
(1) Returning resident aliens (SBs);
(2) Diversity visa applicants (DVs); and
(3) Fiancé(e)s (K1s or K3s)
d. The simple submission of Form I-134, Affidavit of Support, however, is not sufficient to establish that the beneficiary is not likely to become a public charge. Although the minimum income requirements of Form I-864, do not apply in such cases (e.g., the 125 percent minimum income amount which is only required by the I-864), you must make a thorough evaluation of other factors, such as:
(1) The sponsor's motives in submitting the affidavit;
(2) The sponsor's relationship to the applicant (e.g., relative by blood or marriage, former employer or employee, schoolmates, or business associates);
(3) The length of time the sponsor and applicant have known each other;
(4) The sponsor's financial resources; and
(5) Other responsibilities of the sponsor.
NOTE: When there are compelling or forceful ties between the applicant and the sponsor, such as a close family relationship or friendship of long standing, you may favorably consider the affidavit. On the other hand, an affidavit submitted by a casual friend or distant relative who has little or no personal knowledge of the applicant has more limited value. If the sponsor is not a U.S. citizen or lawful permanent resident (LPR), the likelihood of the sponsor's support of an immigrant visa (IV) applicant until the applicant can become self-supporting is a particularly important consideration.
e. The degree of corroborative detail necessary to support the affidavit will vary depending upon the circumstances. For example, for a relatively short-term visitor, little, if any, would be required. In immigrant cases, however, the sponsor's statement should include:
(1) Information regarding income and resources;
(2) Financial obligations for the support of immediate family members and other dependents;
(3) Other obligations and expenses; and
(4) Plans and arrangements made for the applicant's support in the absence of a legal obligation toward the applicant.
f. To substantiate the information regarding income and resources, the sponsor should attach to the affidavit a copy of the latest Federal income tax return filed prior to the signing of the Form I-134, including all supporting schedules. If you determine that the tax return and/or additional evidence in the file do not establish the sponsor's financial ability to carry out the commitment toward the immigrant for what might be an indefinite period of time, or there is a specific reason (other than the passage of time) to question the veracity of the income
stated on the Form I-134 or the accompanying document(s), you should request additional evidence (i.e., statement from an employer showing the sponsor's salary and the length and permanency of employment, recent pay statements, or other financial data).
g. If the sponsor has a well-established business and submits a rating from a recognized business rating organization, you do not need to insist on a copy of the sponsor's latest income tax return or other evidence.