A very common question that comes up about the DV lottery is about the requirement to prove you will not become a public charge (i.e. be in need of financial assistance from the government). Many people have a hard time accepting that is even a requirement. Well it is. For sure. Everywhere, for everyone. Got that? OK – let me explain…
For DV lottery there is a set of rules that frequently refer to the Immigration and Nationality Act. Essentially the DV lottery is operated within a framework of immigration law and there are standard aspects of the laws that apply to all immigration cases. The public charge requirement is one such example. The instructions for the DV lottery include information about this in their FAQ (Question 37 in DV2015 and DV2016 instructions). The notes say:-
37. If I receive a visa through the DV program, will the U.S. government pay for my airfare to the United States, help me find housing and employment, and/or provide healthcare or any subsidies until I am fully settled?
No. The U.S. government will not provide any of these services to you if you receive a visa through the DV program. If you are selected to apply for a DV, you will need to demonstrate that you will not become a public charge in the United States before being issued a visa. This evidence may be in the form of a combination of your personal assets, an Affidavit of Support (Form I-134) submitted by a relative or friend residing in the United States, an offer of employment from an employer in the United States, or other evidence.
OK, so it is required. OK???
So how do you prove that you will not become a public charge. The simplest way is to demonstrate that you have enough money/assets to support yourself. This can be in various ways, for example:-
- Bank/other financial statements
- Real Estate/Property
- Stocks/Bonds
- Income from business investments
The CO will be far more interested in “liquid” assets (such as savings in a bank account) than other non liquid assets.
If you intend to show the above you will need to show around $10,000 for each adult, and a bit less for children (for example $25,000 for a family of four, $10,000 for a single person). This can be from a combination of the above.
If you cannot show that level of personal finance a job offer can help, and of course someone already working in the USA on a temporary visa can show existing salary (payslips, tax records, job confirmation letters and so on).
If the selectee cannot provide the above, they may be advised obtaining an “affidavit of support” from a family member or friend already in the USA. The affidavit of support should be in the form of the I-134 which must be filled out by a US legal resident and supported by tax filing records, payslips and so on. The instructions for the I-134 are clear and helpful.
The selectee only needs to provide one I-134 to cover their case (it covers the principal and all derivatives). The income of the person filling out the I-134 should be greater than that shown on the Federal Poverty Guidelines for total number of family members for the sponsor/family AND the selectee/derivatives.
The original (or now scanned/emailed) signed I-134 plus supporting documents is presented by the selectee at the interview IF requested. Not all embassies request it as a matter of course, and some hardly ever request it. However, not providing it if requested can lead to AP/disqualification.
Supporting documents for the I-134 are the sponsors:
- 1040 (annual tax report – most recent copy)
- W2 (annual employee earnings statement if employed – most recent copy)
- Recent Payslips
- Photo ID
The I-134 should be sent to you prior to the interview by mail or scanned and the supporting documents can be photocopies or sent by email.
There are several African countries where the “host” system serves to satisfy the requirements. If the selectee is planning to stay with a host, they could be asked what is the relationship between host and selectee. If there is a good relationship (family, or close friend) the Consular Officer is allowed to use their discretion to take that as evidence that the selectee will not become a public charge.
If you are unsure about the difference between the I-134 and the I-864, then please check out this post for more information.
For more info including how to complete the I-134, please watch this video.
Sources:
October 18, 2019 at 6:27 pm
Hello Simon Greetings !!!
My sponsor has combined tax file with his spouse making a total income of $ 60K and he possess a real state property too but they have mortgage for building also.
I am single and he has 2 kids and his spouse .
1) Based on the information I provided , should he fine to be my sponsor ?
2) also the trump administration has introduced a new rule for immigrants regarding the insurance , and I scheduled for november interview , does it cause a problem ?
October 19, 2019 at 3:32 am
1. Yes
2. It is not clear what they will want.
October 20, 2019 at 7:22 am
Hello Simon !!
1.Should all the page of Income tax (1040) required or which pages is required to bring during the interview..?
2.The sponsor also sent me his State resident tax (540) should I bring it to the interview?
3.If the sponsor has combine tax file , should they both sign on I 134 or only one of them ?
October 20, 2019 at 5:55 pm
1. Just a summary.
2. Sure.
3. Only one.
October 21, 2019 at 1:33 am
Hello Simon,
A sponsor who has income of 100K a year can Sponsor three different individuals who has won the lottery. The sponsor has two member in his family ( He and his wife)?
October 21, 2019 at 4:01 am
That would be an unwise risk.
October 23, 2019 at 3:34 am
Hai Brit,
I have found a sponsor and she asked that is it ok to email or send I 134 form and documents directly to the embassy . Because in I 134 form she has to enter her SSN .
Thanks
October 23, 2019 at 3:52 pm
No that is not OK. You carry the form and present it if needed along with other proof such as the income and ID.
October 24, 2019 at 1:52 am
Thanks for the advice Mr Britsimon.
October 23, 2019 at 2:16 pm
hi brit
my sponser is with spouse has income 32 k
should he will be fine to be my sponsor?
October 23, 2019 at 5:04 pm
The article above explains how to check that. Don’t be lazy.
October 27, 2019 at 4:17 pm
Dear Sir
I am the dv winner of 2020, have confusion as bellow question:
1. How to count household number ( eg; my sponsor have 2 member ie his wife & son. I have 2 member ie my wife & daughter) , it means household size is 6 or 3 ?
2. My sponsor income is just USD 26000 per year , any risk or not for my & my family sponsorship ?
October 27, 2019 at 6:35 pm
1. 6
2. Please use the article above.
October 29, 2019 at 7:33 am
Hi Brit
I`m a 2020 winner. me and my wife have savings. Does that money necessary to be under my Name as i`m the winner? Or Can it be under my wife’s name too ?
October 29, 2019 at 3:48 pm
Either name.
October 29, 2019 at 9:36 pm
Hey brit,
can someone on J1 visa fill the I134 to sponsor me??
October 30, 2019 at 4:20 am
No
October 30, 2019 at 1:53 am
Hi Simon,
I have a family member who is a US Citizen, who I was planning on asking to complete an I-134 – however, over the last 12 months he has been working out of Australia, as he is a director and moves between the US and Aus for work. I am assuming that he would not be an appropriate sponsor if his main income has been in AUD rather than USD?
Thank you,
Kate.
October 30, 2019 at 4:24 am
It’s OK because he will have paid USA tax.
October 31, 2019 at 3:05 pm
Dear Brit
I have a great job and benefit (my job is IT-Security) in my country but i dont have enough cash to show 10k usd. Because i’ve bought property.
Can i loan from bank or quick cash from several resource whatever i can get and tranfer it to my saving account for prove i’m not become public charge.
My question is they will inspect financial resource? And if i do that on above that is ok?
Thank you so much.
October 31, 2019 at 6:46 pm
Don’t do that. Get an I-134.
November 1, 2019 at 5:35 pm
Dear Brit,
Hope you are doing good.
Other than the “Sponsor’s Signature” box in Page-5 in I-134 form, is it required to put the sponsor’s signature (and the date), in all the other pages as well in I-134?
Thanks!
November 2, 2019 at 3:54 pm
Follow instructions on the form.
November 1, 2019 at 6:46 pm
Dear Brit,
First of all, I would like to thank you for solving people’s problem. I won the dv lottery 2020 in a family way. Since I had someone else filled the form for me, he didn’t add my oldest son after I won the lottery I called the kcc and I was told to add him in ds-260 and I did add him. Is this a problem? Will I be disqualified?
Thank you
November 2, 2019 at 3:56 pm
If the son is under 21 and was not on the entry, you are certain to be disqualified.
November 3, 2019 at 1:20 pm
Hi Mr. Brit our sponsor is retired now and getting a pension but have a real estate in the US and he is getting like 80k gross annually for me and my husband only will this be enough or wont cost any problem? he is not working he is retired now..
or should we change sponsor..also what is A number. ?
November 3, 2019 at 4:59 pm
You could try that sponsor if you want.
You don’t have an A number.
November 4, 2019 at 7:22 am
thank you for your time.. and thank you for your guide.. I guess it will be fine if he will be our sponsor…
November 3, 2019 at 7:32 pm
Hey Brit, how about this sponsor who has a 345k mortgage with a 90k annual income? Any risk involved in such a scenario?
November 4, 2019 at 2:31 pm
No. They don’t ask about the mortgage.
November 4, 2019 at 9:20 am
Do sponsor should be relative of same surname or other people friend may also sponsor . Is it mandatory that sponsor should be close relative
November 4, 2019 at 3:13 pm
Friend is ok
November 5, 2019 at 8:01 am
Good afternoon/evening sir.My case no is 2020AS000031** scheduled interview on last week of Dec.My sponsore and her spouse are earning 100K$ plus annually .They are sponsoring us.We too will have 15000$ cash and 15000$ shares and other property.we are family of 3 members.But my sponser has called his father in law in USA on june 20019 in visiit visa.He is returning back on 1st werk of Dec.Will there be any risk to sponser us ? Will be greatful for your reply . Thank you.
November 6, 2019 at 2:55 am
I don’t think will be risk.
November 14, 2019 at 6:05 am
Hi Brit,
My interview is coming up in December and and suppose i get approved, please help me out with this puzzle.
In the DS-260, i have a different contact person to whose address my green card will be mailed and at the same address is where i filled as where i will be staying. She is in Iowa. However, the person who has provided me with the I-134 form is different living in Maryland.
1. I don’t want to change that information, i want the green card to be sent to Iowa, i am not planning to stay with the person who has given me the affidavit of support for personal reasons, i don’t want the green card to be sent to them.
2. What should I do?
3. Is there any risk of denial?
November 14, 2019 at 5:11 pm
2. Nothing.
3. Not for anything you listed here.
November 14, 2019 at 10:49 pm
Hi me Brit I Already scheduled for interview.but I want to change my sponsor how can I do this?thank you for your time.
November 16, 2019 at 4:50 am
You simply present the new I-134 at the interview.
November 17, 2019 at 6:52 am
Anee
Hello Simon, Im a dv2020 winner. I have a simple question to ask. I passed high school in 2012 and joined bachelors in 2014 and still goin on because I still have some back papers to finish. The thing is I do jobs like home tutoring small kids and help my dad in his small store. I do have a sponsor who is my cousin living there with his family and his family income fulfills the require income. But the things Im a little but afraid is will I be the case of public charge because I dont have any official work experience ?
I am 26 years old.
Thank you for your time.
November 18, 2019 at 8:50 pm
That is not a problem.
November 18, 2019 at 3:20 pm
hi Brit.
Thanks for your great work.
my sponsor is getting pay stubs twice a month and how many pays tubs I need to present in the visa interview?
November 18, 2019 at 9:38 pm
One. Plus W2, 1040 and photo ID
November 20, 2019 at 12:51 pm
Hi, Brit Simon. i live in the US with F1 now. though i have some cash, these came from me worked illigally even though international students are not supposed to work out of campus.
Q1) do you think they are going to check the transaction record of money within my bank account to scan some weirdness ?
Q2) which one is better? temporary loaning of money to pretend like I have money, or getting a sponser.
Thank you so much
November 23, 2019 at 5:28 am
1. POssibly.
2. I can’t help you be dishonest.
December 8, 2019 at 7:23 am
brits thank u for all.
brits I want to sponsor my mother but I have not employed till now and if I have greater than 10k in my balance can I sponsor?
December 8, 2019 at 4:02 pm
Is this a DV lottery case?
December 9, 2019 at 5:04 am
Hi brit,
In I134 my sponsor state intend for question no 38 and in additional information she state
“I intend to Support food lodging and financially until they get employment in us”
is this Ok
Regards
Banda
December 9, 2019 at 5:39 am
Yes
December 9, 2019 at 7:40 am
thank you for your early respond
December 26, 2019 at 3:38 am
Hello Brit,
I’m really curious, why does the DV process expect its selectees to be able to provide I-134? I don’t have any family members in the US. I don’t know who can fill this form for me. According to your post, if the embassy asks for this form but I don’t have it, I can be put in AP/denied. But what if I genuinely have nobody to fill it?
December 26, 2019 at 7:16 pm
PUblic charge is a basic standard that ALL immigrants have to meet. There are different ways to satisfy the need – I-134 is one of those ways.
December 26, 2019 at 9:36 pm
If I have sufficient funds to support me and my spouse, but I don’t have the I-134, and the officer asks for it, will I still have the chance of getting AP/denied? If yes, then that, to me, is what doesn’t make sense. Because it assumes that everyone who wants to immigrate has someone in the US to fill the form for them.
December 26, 2019 at 10:06 pm
Ultimately, it is up to the CO to decide what satisfies them. Whether it makes sense to you or not is not important.
December 27, 2019 at 4:00 am
That’s very unfortunate then…
December 31, 2019 at 9:00 am
hello there,
Can my sponser be different than that in my DS 260??
December 31, 2019 at 5:38 pm
Yes
January 5, 2020 at 12:10 pm
Hi brit,
Can DV-2020 winner have two sponsors: main sponsor & co-sponsor?
January 5, 2020 at 7:19 pm
No. One I-134, although that can include household income.
February 29, 2020 at 11:21 am
Hello Brit.
Is it okay to change delivery of my greencard address to my current sponsor?In a case where my sponsor is different from the one initially i had given details in DS 260.
March 1, 2020 at 9:21 pm
Yes
January 8, 2020 at 2:39 pm
Hi,
regarding the supporting documents you have mentioned in this article, is there any reason why they differ from the requirements under the “Supporting Evidence” section in the official “I-134 Instructions” document published on the US Government’s website? That document doesn’t mention that the beneficiary should bring the sponsor’s Photo ID or the Annual tax report
January 8, 2020 at 5:04 pm
Experience.
January 15, 2020 at 6:09 pm
Hi Simon!
I have one more question about Bank statement of my saving account.
1.Do we need a bank statement just one day or two days before interview date or it can be longer than that. I mean around a week before interview date because by specific reason I can only take it around 7 days before interview?
2. Do you think this will be considered as useless for the bank statement because it is printed before interview for long period? Thanks.
January 15, 2020 at 6:22 pm
Ideally show more than one statement showing the savings are there for a period of time, not just paid in to pass the interview.
January 15, 2020 at 7:02 pm
Bank statement of my saving account will be printed for the last six-month period. My question is that;
1. Can I print it tomorrow and keep it for the interview next week, 7 days prior the interview date?
2. or I should wait until one day before interview or the day of interview next week?
3. Any problem If I print it a week before interview date?
January 15, 2020 at 11:02 pm
1. Yes.
No problem.
January 21, 2020 at 6:31 am
Hi Brit,
In case if one sponsor’s income is NOT cover the required Annual income, can we submit 02 Affidavits from 02 sponsors for same family?
January 21, 2020 at 6:40 am
No. That is just two useless supporters.
January 21, 2020 at 9:38 am
hi brits i know i asking you many times i hope you understand my case is current 21*** AF Ethiopia but still no 2NL what do you think say something ?
January 21, 2020 at 4:51 pm
Have you sent the documents? Have you checked that KCC are satisfied with your documents?
January 22, 2020 at 10:29 am
They sent me document complete on December 13
January 22, 2020 at 4:53 pm
OK – so you should get a 2NL later this month.
January 26, 2020 at 5:41 pm
Hi Simon,
I got my DV visa recently and I would like to inquire if it could be a problem to have a mortgage on my name in my home country? I can prove that I won’t be a public charge with bank account balance.
Thanks!
January 26, 2020 at 7:31 pm
Having a mortgage is not a problem.
January 26, 2020 at 8:33 pm
Hello Brit… I have a question concerning form 1_134
1). Is my sponsor supposed to download this form online, print out filled ,scanned and sent as mail or
2). Is he requested to go to USCIS office and get the form
January 26, 2020 at 10:39 pm
1.
January 27, 2020 at 2:15 am
As a student not having too much $ in the back account would just sponsor make it sufficient enough for the public charge rule? I have verified the sponsors income is more than sufficient.
January 27, 2020 at 5:54 pm
That is the point of the article above. Did you read it?
January 28, 2020 at 9:00 am
Yes I did, Just making sure I’m not misreading anything and that there’s not a specific amount required to be in the selectee’s account:)
January 28, 2020 at 7:57 am
Hi BritSimon,
Just had an interview and I didn’t have sponsor atm. They asked to bring job offer or I-134 form before September. Currently application on AP.
Does it mean it has been denied?
January 28, 2020 at 8:58 am
No, it means you need to provide the I-134. They are lucky, they are giving you a chance.
You have been asking questions on my site since JULY, and you must know by now that I tell people the I-134 is often required – why did you not prepare for that?
February 15, 2020 at 7:25 pm
Hey NA. I hope you are well. Did you have bank statements or proof of liquid assets?
February 3, 2020 at 12:58 am
Hi Brit, I am checking with you to see if I need I-134 to support my case.
I already have USD 100k+ in my savings for a family of 3 ( me, wife and kid). I am an engineer (+USA MSc/ worked in US before) and my spouse is a Scientist (+PhD). Atm we are residing in Singapore.
Were there any situations that even with these kind of profiles they ask for I-134? Tbh I think I am just being paranoid, but I value your opinion.
February 3, 2020 at 5:13 pm
Paranoid.
February 3, 2020 at 10:51 pm
Hi Brit ,
Situation is:
I have just 4000 usd in my bank account.
We are 5 as a family. My sponsors family is 4. Total 9 person. My sponsor earns 80K a year.
Should I add some more cash to the bank account?
Regards,
Stefan
February 3, 2020 at 11:12 pm
Well, clearly the 4k won’t be enough. You will need an I-134.
February 4, 2020 at 2:25 pm
Thanx for the answer.
My I-134 Sponsor earns 80K a year. Sponsor’s Household Size is 9.
According to HHS Poverty Guidelines 60k a year is enough for Texas.
But because of changing public charge laws and health care issues , should I find a sponsor with higher income?
Regards,
Stefan
February 4, 2020 at 7:09 pm
No need.
February 6, 2020 at 10:02 am
Hi Brit!
My sponsor is my cousin who is working and her husband is working as well and they don’t have any children. So, does she need to add her husband as her dependent on i-134 or in this case she doesn’t have any dependent. Please advise. Thanks.
February 6, 2020 at 7:55 pm
Yes she should add her family members, but can also add his income.
February 7, 2020 at 8:54 am
Thanks! But can she only declare her income? Her income is roughly about 60k
February 7, 2020 at 7:48 pm
She can leave her income as hers or theirs – her choice.
February 11, 2020 at 12:21 pm
hi, do i need a sponsor while filling my DS-260 application? I have enough liquid money with bank account statements to show at the visa interview. will i need someone to fill the i-34 form in the U.S?,
I actually do not have anyone in the U.S to sponsor me and i was going to write the address of a hotel in the U.S for mailing purposes until i get the green card, is this ok too?
February 11, 2020 at 7:19 pm
The article above explains what you need to do for finances.
For the address in the USA – that needs to be a real address that can receive your Green Card.
February 14, 2020 at 12:58 pm
Hi BritSimon,
The I-134 is prepared on behave of my sponsor, by a Notary Public – Michigan.
Does this person need to provide & fill Form G-28 ? Or it is not recognized as an Accredited Representative ?
Thanks for you utmost support.
Milena
February 14, 2020 at 7:48 pm
It doesn’t matter who completed it as long as the sponsor signs it.
February 14, 2020 at 3:35 pm
Hi Brit,
This is somewhat similar to a question asked by a member previously.
My sponsor’s husband is also working and they have 2 children. In I-134, she has included her children as “partially dependent” and she has not included her husband as a dependent. Do you see any problem there?
Thank You
February 14, 2020 at 7:50 pm
Yes – she should list all four people.
February 15, 2020 at 1:53 am
Thanks Brit. I will inform.
One more Question:
Is it OK to mention her 2 children and her husband as “partially dependent”, as her husband is also working? OR she will have to mention 3 of them as fully dependent?
Please note that she has mentioned only her income in the I-134 which is 140K.
February 15, 2020 at 2:48 am
There is no such thing as partially dependent. She should just list them. Period.
February 15, 2020 at 3:12 am
Can a person who got green card through refugee status be a sponsor?Will it create some issues for the sponsor or the dv winner?
February 15, 2020 at 3:16 am
No problem.
February 16, 2020 at 10:48 am
If the sponsors’ income is not enough, can I add a bank statement to cover the disability ,knowing that I’m single
Thanks
February 16, 2020 at 4:03 pm
If the sponsor does not meet the income requirements, then that i134 is useless.
February 16, 2020 at 9:04 pm
Yes it makes sense, thank you very much
February 17, 2020 at 4:41 am
I do not have a sponsor, but i have strong bank statements. Will the I-134 Still be needed, i mean is it mandatory? Thanks
February 17, 2020 at 4:08 pm
Sometimes, savings are enough.
February 19, 2020 at 5:10 pm
Hi Brits,
Thank you for your good work.
My case is AF 39*** is current in April.
I have some concern as follows
Q1.my sponsor want to send the I-134 directly to the embassy. does it a problem ?
Q2. my sponsor have (husband and wife and two kids ) four of them need to be listed on i-134?
Q3.April current. does it mean that the interview is in may ?
Q4. About the medical can i start now processing for april ?
thank you so much in advance..
February 19, 2020 at 9:32 pm
1. That is not correct. You present the I-134 if asked.
2. Yes.
3. It depends whether your documents are processed or not.
4. No – wait for the 2NL.
February 21, 2020 at 5:03 pm
Hi. If my sponsor is retired and 70 y.o is it ok?
February 21, 2020 at 8:56 pm
Probably not great. A working sponsor would be better.
February 22, 2020 at 9:25 pm
Hello
1. How can I prove that me and my husband have enough money if we have it in cash? I mean, can I show a bank statement from my home country even if it isn’t in the same currency? And even if I have to extract it later to use it in the USA? I’m asking this because there’s no way that I can use this bank account in the USA
2. When we talk about the income of the sponsor we are talking about an anual income? This amount is the one that we compare with the one that exists in the poverty guidelines?
February 22, 2020 at 9:49 pm
1. Show what you have, but better yet, get an I-134.
2. Yes.
February 23, 2020 at 1:59 am
Thank you. One more question: for how many years my sponsor should declare this affidavit?
February 23, 2020 at 5:07 am
Unlimited.
February 25, 2020 at 2:11 pm
Dear brit
I am DV 2020 selecties , I have a small quiries about sponsor. Is the sponsor should be green card holder?
My uncle is in USA for 3 years, he had entered USA on tourist visa (5 year multiple visa) but he doesnot return to his home country. 5 years has been complited & he Still he has not got green card, but he earning good level of income.
Can my uncle be my sponsor? Or i Have to search other sponsure?
Please responce me i am on greate panic.
February 25, 2020 at 3:11 pm
Get another sponsor.
February 25, 2020 at 4:25 pm
Thank you so much
One more question, should the sponsor be a green card holder or any one legally residing at USA?
Thank you in advance
February 25, 2020 at 7:43 pm
LPR or citizen. Not a temporary visa holder.
February 26, 2020 at 2:25 am
Thanks again
Does H1 visa holder will be OK?
Than you in advance
February 26, 2020 at 3:43 am
No
February 26, 2020 at 11:31 am
Thanks you very much
if you don’t fell bored.
Should i unlock my DS-260 to change my sponsor address , i have mentioned one address in DS-260 but the address of my new sponsor will be different?
Than you
February 26, 2020 at 10:16 pm
The address in the DS260 is where you want the GC to be sent. That address might be different from the person acting as a sponsor.
February 26, 2020 at 4:01 am
We just had our visa interview and they gave us a new form of questionnaire which is about public charge questionnaire or DS-5540 and they told us they can’t continue processing without that completed form and from my own view, the form is tricky and it can result in visa denial. Can you help and shades some light on it.
February 26, 2020 at 9:58 pm
I’m posting a video on that later today.
March 3, 2020 at 5:20 am
Hi Simon, with regards to ‘showing savings’ to avoid being denied as a public charge… if I want to show that my family will support me, is it sufficient to show up with one large lump sum amount deposited in the account just prior to the interview, or is it necessary to demonstrate over a couple of months that money is being deposited?
Also, you mention that a letter from a family member should be on hand where they state that the money is a gift and that they intent to give support etc. Is there a template or example somewhere of the wording for this letter?
Thank you !!
March 3, 2020 at 5:44 pm
The DS5540 changes have pushed financial evidence standards toward longer periods of bank history, so 2 months may not be enough.
I don’t have a template – just use common sense.
May 15, 2020 at 6:55 am
Hi Simon, I am currently an undergraduate student. May I know I have 10k usd but no sponsor will it be enough to prove that I am not a public charge?
May 15, 2020 at 1:26 pm
Possibly. An I-134 removes the risk.