http://www.state.gov/documents/organization/86988.pdf
9 FAM 40.41 N4.6-2 Alternative Evidence of Support in Cases When Form I-864 is Not Required
(CT:VISA-1931; 10-10-2012)
a. An applicant relying solely on personal financial resources for support for him or herself and family members after admission into the United States should be presumed inadmissible for a visa under INA 212(a)(4) unless his or her income (including any to be derived from prearranged employment) will equal or exceed the poverty guideline level for the applicant and accompanying family members. You should refer to 9 FAM 40.41 Exhibit I, Poverty Income Guideline Table, published by the Department of Health and Human Services (HHS).
b. Normally, all accompanying dependent family members and other dependent family members already in the United States are considered to be within the family unit for purposes of applying the poverty income guidelines. However, an applicant seeking to join a lawfully admitted permanent resident and two citizen children in the United States, who are receiving public assistance, may be determined to overcome the public charge provision if the applicant’s prospective income will exceed on the poverty income guideline table for a single person. In this instance only, it does not matter that the applicant’s prospective income will be below that shown in the poverty income guideline table for a family of four. It is quite possible that the admission of the applicant and the applicant’s income in the United States may permit the lowering of the public assistance benefits the family members now receive.
c. You should not rely exclusively on the submission of documents to determine whether an applicant is inadmissible under INA 212(a)(4). Repeated requests for documents in an effort to resolve every small doubt should be avoided. There is a limit to the value of documents in a situation in which the applicant must satisfy the officer of his or her future activities, intentions, and prospects.
d. You should make every effort to inform applicants in advance of the visa interview of the required support documents. You should be in a position to issue or deny the visa under INA 212(a)(4) at the end of the initial visa interview, assuming that the applicant has made reasonable efforts to submit the evidence originally requested. (For example, in cases where a Form I-864, Affidavit of Support under Section 213A of the Act, is required, an application cannot be considered until that document and related information have been executed and considered satisfactory by you.) Applicants who are not likely to overcome the public charge provision even after the presentation of additional evidence should be refused “under 212(a)(4) instead of 221(g).” Adequate time and effort spent prior to and during the initial interview can save work for the post and the applicant in this respect.
e. An applicant may establish the adequacy of financial resources by submitting evidence of bank deposits, ownership of property or real estate, ownership of stocks and bonds, insurance policies, or income from business investments sufficient to provide for his or her needs, as well as those of any dependent family member, until suitable employment is located. (The amount sufficient will depend on the applicant’s age, physical condition, and family circumstances and size.)
(1) Bank Deposits—Applicants relying on bank deposits to meet the public charge requirements should present as evidence a letter signed by a senior officer of the bank over the officer’s title, showing:
(a) The date the account was opened;
(b) The number and amount of deposits and withdrawals during the last 12 months;
(c) The present balance. This information may prevent attempted abuse such as an initial deposit of a substantial sum of money being made within a relatively short time prior to the immigrant visa application; and
(d) How the money, if in a foreign bank in foreign currency, is to be transferred to the United States.
(2) Real estate investments—Evidence of property ownership may be in the form of a title deed or equivalent or certified copies. The applicant must satisfy you as to the plans for disposal or rental of such property and the manner in which the income from the property (if abroad) is to be transferred to the United States for the applicant’s support.
(3) Stocks and Bonds—Evidence of income from these sources should indicate present cash value or expected earnings and, if the income is derived from a source outside the United States, a statement as to how the income is to be transferred to the United States.
(4) Income from business investments; or
(5) Insurance policies.
f. An applicant may also support a finding that he or she meets the public charge requirements by:
(1) Evidence of employment of a permanent nature in the United States that will provide an adequate income. A certified Labor Department Form ETA-9089, Application for Permanent Employment Certification, or Form ETA-750-Part A & B, Application for Alien Employment Certification, will show this if the applicant is subject to the provisions of INA 212(a)(5)(A). If the labor certification provisions do not apply, the employer may submit a notarized letter of employment, in duplicate, on letterhead stationery attesting to the offer of prearranged employment; or
(2) Assurance of support by relatives or friends in the United States.
(3) Sufficient support from a combination of the above sources.
9 FAM 40.41 N4.6-3 Use of Form I-134, Affidavit of Support
(CT:VISA-1931; 10-10-2012)
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) Fiance(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.
Если говорить о материальной обеспеченности заявителей на получение DV-визы исходя из достаточности предъявления формы Affidavit of Support I-134, которая привязана к 100%-му уровню от Poverty guidelines, то можно ориентироваться на следующие суммы (для DC и всех штатов, кроме Аляски и Гавайев):
(число членов семьи — минимальная требуемая сумма)
1 — $11,490
2 — $15,510
3 — $19,530
4 — $23,550
5 — $27,570
6 — $31,590
7 — $35,610
8 — $39,630
Для семей, состоящих более, чем из 8 членов — дополнительно $4,020 на каждого члена
