Affidavit of Support: the I-134 and the I-864

This article reviews the differences and similarities that exist with regard to the I-134 and the I-864 affidavits of support. These affidavits are commonly filed in connection with a pending visa application at a US Embassy or Consulate abroad.

In the area of US Family Immigration, there are two types of affidavits of support that are commonly used in cases involving fiancees and spouses of US Citizens: these are the I-134 affidavit of support and the I-864 affidavit of support. There also exists a form I-864W ("W" signifies Waiver) and an I-864A which are filed in a some cases that involve children and family members, but these are not relevant to the scope of this article.

What is the difference between the I-134 Affidavit of Support and the I-864 Affidavit of Support?

The significant difference between these two documents is that an I-864 is filed in connection with an immigrant visa application and an I-134 is usually only filed in connection with a non-immigrant dual intent fiance visa application (often referred to as a K-1 visa application). The legal impact of an I-864 affidavit of support is somewhat different from that of an I-134 affidavit of support as the I-864 is more enforceable against the sponsoring party. That being said, the I-134's usage is technically by discretion of the Consular Post and acts merely as a means of providing a streamlined way of adjudicating multiple parties abilities to support foreign fiances. In the past, it was more common to see many Consulates accepting I-134 joint-sponsorship, but this trend seems to be receding as more Consulates now ask that the US Citizen sponsor show an ability to independently support a foreign fiancee thereby precluding the use of joint sponsorship affidavits in K1 visa matters. This is a relatively recent development as, in the past, there were Consulates which were permitting this practice, but there are sound policy reasons why I-134 joint sponsorship affidavits should be in decline.

Bearing in mind that I-134 affidavits of support are not enforceable legally, an American Citizen Petitioner could recruit the assistance of an associate or family member to act as a joint-sponsor for a foreign fiance. After arriving in the USA, the foreign fiance and the American Petitioner get married. After the marriage, the couple files for the foreign spouse's adjustment of status. At the adjustment of status phase, the American Petitioner must file an I-864 affidavit of support, but the original I-134 joint sponsor decides not to act as sponsor on the I-864 affidavit. The I-134 is not enforceable against the original I-134 joint sponsor and if the American petitioner cannot show requisite assets it places the Immigration authorities in a position where they may need to find that the foreign spouse could become a "Public Charge" is allowed to remain in the USA. This scenario leaves all parties in a relatively negative position. Thus, it is this writer's belief that I-134 joint sponsorship is declining to make certain that those sponsoring alien fiancees US visa can meet their financial obligations with regard to a future I-864 affidavit.


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Ben Hart is a licensed lawyer from the USA and member of the American Immigration Lawyers Association. He currently acts as Managing Director of Integrity Legal (Thailand) Co. Ltd. Contact them at 1-877-231-7533, +66 (0)2-266-3698, or info@integrity-legal.com. See them on the internet at Thailand Lawyer or K1 visa.