This new form has been introduced as part of the government push to reduce immigration from poorer countries. I have created two videos, one that explains how the DS-5540 will be used to assess your risk of becoming a public charge, and the other to show how to complete the form.
Please take some time to learn about this new and important form. I expect it to become very widely used – so you should ASSUME you will be asked to complete it – and ideally take it already completed to the interview.
Useful links
March 10, 2020 at 2:33 pm
Hi Simon,
Interview scheduled in EU next april.
Just a couple of questions regarding the DS5540:
1/ In question 8A, is it the converted yearly compensation of the main applicant or the entire household?
2/ Regarding the IRS (question 6), can I give the converted revenue of what I have made here in Europe, thus never return any IRS. If yes, is it the revenue of the main applicant or the household?
Thank you for your time and great tips 🙂
Best Regards,
Arthur
March 10, 2020 at 7:04 pm
1. Yours, not the household.
2. No. If you haven’t fled US tax returns, don’t give the impression that you have.
March 11, 2020 at 12:15 am
Hello Britt, I hope you are well. Who should complete DS-5540 Form? The sponsor or the visa applicant?
March 11, 2020 at 8:39 pm
The applicant.
March 16, 2020 at 11:03 pm
But what if the applicant doesn’t have a job or money, i got a family in usa who are going to support me, how am I going to fill that form,
If they ade asking me about much i make in a month and i dont have a job?
March 16, 2020 at 11:33 pm
Please watch the video rather than asking questions that I have already answered.
March 11, 2020 at 7:14 am
Hlo Brit
Thanks for all your advice n help…we went for interview yesterday (Cameroon embassy) n was successful, luckily for us no ds5540 was asked nor was 1-134 ( although we had all them ready should incase they asked us) instead the cs asked what we intend to do? What carried us most upward I guess was the fact that apart from my spouse n I looking young n energetic our educational level showed we will be able to meet up with work
This might not be the case for all but I just want to share for those who were lamenting like I did bc ds5540 had 0 income since am still a student . Gudluck to u all
March 11, 2020 at 8:47 pm
Congratulations!
March 13, 2020 at 7:13 am
Thanks
March 13, 2020 at 1:42 pm
Hi, Lexy, that’s awesome, so happy for you . i’m a cameroonian as well.when was your interview please. mine is coming up in April
March 13, 2020 at 1:44 pm
Can i have your number if you don’t mind
March 11, 2020 at 9:48 am
Hi Mr. Britsimon,
Your site is very interesting and provide accurate response from you. Congratulations to that, well informative.
I have questions please:
1. In DS5540 form Part4 number 6 – Can we put N/A(not applicable or none) since the main applicant did not work in the US?
2. Can I declare memorial lot as assets? coz i have fully paid 4 memorial lots that i can include.
3. for insurance as assets, can i declare life insurance pension plan-PRU UK that i am still paying until 60yrs old am 42yrs old now.I am continually paying the monthly premium.
4. for Liabilities shall i declare my household/husband credit card and loan because me as main applicant don’t have credit card.
Thank you for reading my long messages.
Regards,
March 11, 2020 at 8:52 pm
1. Yes
2. Not exactly liquid assets are they. So no.
3. No.
4. No.
March 12, 2020 at 7:11 am
Thanks Britsimon so helpful…. appreciate that. KUDOS…
March 12, 2020 at 7:16 am
Hi Britsimon 1 quick question can I declare my gold jewelry as asset that to be appraised.
Many thanks.
March 12, 2020 at 2:38 pm
Yes – covered in the video.
March 11, 2020 at 10:30 am
Dear Sir,
We are family of 4, planning to immigrate to US on F3 Case, all the documents are accepted. And have been waiting for interview call.
Just saw this form DS5540 would like to know one thing, 3 out of 4 applicants are working between the age of 21-50, the DS 5540 form has to be filled up for all individualy or cumulatively?
Please advice.
March 11, 2020 at 8:53 pm
I only advise on DV cases. Your process may be different.
March 12, 2020 at 12:14 pm
My wife had her immigrant visa interview. She was refused on public charge. We did not know about this public charge rule until now. The consular officer didn’t tell her anything about DS-5540. What should we do, please?
I was a student and so, I used a co-sponsor. Right now, my academic program is over. If I get a job, please, can it change this decision? Thanks
March 12, 2020 at 2:43 pm
You should have been better prepared!!
http://britsimonsays.com/all-about-public-charge-affidavit-of-support-i-134/
March 12, 2020 at 7:51 pm
where was it? what;s your wife’s profession?
March 13, 2020 at 1:52 pm
Hi Brit 1) Is it possible to reject an interview by changing the previous sponsor and putting in a new GC sponsor? The next question going to the interview is that the previous sponsor should also carry the documents?
March 13, 2020 at 4:44 pm
Anything is “possible”. As for the second question – I don’t know what you mean.
March 14, 2020 at 4:34 am
Fervent greetings Brits, hope you’re doing amazingly great.
1-Is it possible to use my brother’s bank account to do our bank statement. my wife’s bank account doesn’t have enough savings and withdrawals since we use the money and purchase a piece of land.
2-we have a land but it doesn’t have a land tittle yet, is it advisable to fill it as a semi liquid asset. Waiting for your reply. Thanks
March 14, 2020 at 5:09 am
1. No. Get an I-134.
2. No.
March 14, 2020 at 9:01 pm
Thanks Big Brother, I’m so grateful
March 16, 2020 at 11:07 pm
Even after the I-134 do you still need to fill up the ds5540?, please i know i have been asking the same question so many time it bcz i didn’t get a reply from you yet
March 16, 2020 at 11:32 pm
Yes
March 16, 2020 at 9:40 am
My wife has her interview next week. She’s cr1 immigrant visa that I applied last year (I’m is citizen). All her papers are approved (ie ds260, i864 etc etc). She’s just pending interview to get her visa. Does she need to fill out DS5540? Thanks
March 16, 2020 at 9:41 am
US citizen*
March 16, 2020 at 4:07 pm
I only answer DV lottery related questions.
March 17, 2020 at 10:07 am
Good morning,
how is life, hope fine.
In DS 5540 form we are ask for household. Is it the sponsor household including the applicant and his derivatives or it is the applicant and his derivatives only?
March 17, 2020 at 5:53 pm
applicant and his derivatives
March 19, 2020 at 1:58 pm
Good day brit,
Thanks very much for your continuous help.
PART 7-PREPARER – In DS5540
I only listen to the audio you made regarding the DS5540.
For this part If anyone did not help me in filling the form should i thick NO or YES and then provide my own details for the information needed as preparer.
Have a nice day.
March 19, 2020 at 3:15 pm
18. Did anyone, other than a translator, help you complete this form? (If yes, provide the following information about the preparer you used.)
You can’t work out how to answer that question??????
April 12, 2020 at 4:26 pm
Hi Brit, just want to thank you, many thanks, God bless you 🙏
April 29, 2020 at 1:00 pm
Hello, just a quick inquary, I’m principal applicant, on the ds 5540, on liabilities, I have a debt on a loan I’m paying back, its remaining 2000 euro, and that’s about 2000 US dollars, shall I declare it on liabilities? Thanks for your support.
April 29, 2020 at 2:18 pm
You always tell the truth.
May 2, 2020 at 8:34 am
Thank you Simon, can this be problem to my interview?
May 2, 2020 at 11:57 am
I have an arfidavid of support.
May 2, 2020 at 5:42 pm
No.
June 6, 2020 at 10:51 am
Hi Brits can I still keep calling the kcc to check my progress of my cases number…..
June 6, 2020 at 11:11 am
Yes
June 8, 2020 at 7:47 pm
Dear Brit.
The DS5540 should be filled bybthe principal aplicat or should also filled by the derivate?
Regards
June 8, 2020 at 9:56 pm
Principal.
June 16, 2020 at 5:09 am
Hello! Is student debt likely to be considered harshly?
June 16, 2020 at 6:16 pm
No.
June 16, 2020 at 9:32 pm
Hi Simon,
I am a bit worried because while I have friends in the US, they have both lost their jobs due to COVID. I am from Australia, the principal applicant with no derivatives, have the equivalent of $25K USD saved (plus a superannuation/retirement account of $15K but I’m not sure that will count), hold a bachelors degree plus a masters degree, and my only debt is a student loan. Am I likely to need a sponsor as well, or am I just being paranoid?
Thanks!
June 16, 2020 at 10:57 pm
Not paranoid, most embassies ask for an I-134. However, Sydney embassy rarely asks for that.
June 16, 2020 at 11:22 pm
I will be being interviewed in Montreal, Canada – will that affect it?
Thank you
June 17, 2020 at 2:32 am
Then you should get an I-134
July 23, 2020 at 2:07 pm
Dear Simon,
First of all thank you for your video.
My husband is an American citizen, I am from the EU; so the visa application is only for myself.
For my CR1 interview I’ll have to bring the DS-5540 form, where he is of course mentioned as my spouse.
I was wondering if I could also include my husband’s assets?
Thank you for your time and effort,
Nadine
July 23, 2020 at 6:05 pm
I only answer DV related questions.
August 3, 2020 at 7:52 pm
Hello!
On the DS 5540, under 8A, is your current yearly compensation before or after tax?
Thanks!!
August 3, 2020 at 10:41 pm
Forms would assume before tax unless they state otherwise.
August 14, 2020 at 3:46 am
Hello! I am 27 years old, single applicant, have approx $30K USD in savings (plus a $20K retirement fund), masters degree education, and a good sponsor for an i134. My only debt is that I have a student loan of around $75K USD. Is this debt going to be looked upon poorly because it is so large, or is student debt sort of okay?
August 14, 2020 at 3:47 am
I should add that my current income in my home country is above 125% of the poverty guideline. Thanks!
August 14, 2020 at 3:56 am
They will only be interested in the i134.
September 12, 2020 at 8:23 pm
Hi Simon, is there still a possibility that Form DS-5540 may be requested during or after the interview?
September 12, 2020 at 10:21 pm
Yes
September 13, 2020 at 8:57 am
Thank you!
September 13, 2020 at 9:11 am
And do we still need to get insurance print outs before interview?
September 13, 2020 at 3:02 pm
Not at this time.
September 13, 2020 at 9:44 am
Also, do you think the DS-5540 should be filled by each applicant (principal & derivative) or just the principal?
It has some individual related questions like education and occupational skills, which makes me think both should fill it, but on the other hand there are questions about income and assets, which are typically family owned and I’m not sure whether to list them all under the principal form or divide them between both?
Thank you.
September 13, 2020 at 3:03 pm
Principal.
September 13, 2020 at 5:13 pm
Brit,Hello!
Could you please help me,
What if i am a master degree student and i don’t have any income now (only rent from my apartment)
what should i write under 8 in ds5540?
and, if my parents will put money on my bank account to show bank statement ,should i will the i-134 form?
Thank you.
September 13, 2020 at 5:14 pm
Sorry …..should i FILL the form i-134?*
September 13, 2020 at 5:23 pm
A sponsor should complete the I-134 for you.
September 13, 2020 at 5:23 pm
Just go through every question and answer truthfully.
September 13, 2020 at 5:58 pm
The truth. Really – whatever that is. Just answer the questions simply and truthfully.
An I-134 is a wise precaution.
September 13, 2020 at 7:02 pm
Thank you soooo much!
Do you have instructions how to fill the i-134 form? i can’t find on your Youtube channel…
Thanks
September 13, 2020 at 7:15 pm
It’s a simple form that the SPONSOR completes.
September 24, 2020 at 9:26 pm
Hello, Brit!
Thanks you very much for the detailed explanation of DS-5540.
I’m DV-2020, My case was high enough (EU 34XXX), my documents have not been verified yet. But I decided, just in case, on your advice to do DS-5540. I am a little confused by question number 8. I am a sole proprietor from Russia. Last year (2019) my income was normal. This year my income is near zero due to quarantine, I’m talking now about what I can confirm with official documents. In Russia, we sometimes work without a contract. So, what do you think, what I will write in paragraph 8, should it be confirmed by documents? Can I write my last year’s income?
Thank you!
September 24, 2020 at 10:59 pm
Write the truth – always better to be truthful.
September 24, 2020 at 11:07 pm
Thank you!
I will try to get the I-134.
October 12, 2020 at 6:07 pm
Hello Brit,
Kindly confirm the number of months/ years we need to request quotes for health insurance when submitting the ds5540 form as an immigrant
Thank you
October 13, 2020 at 3:10 am
None.
That requirement (for health insurance quotes) was blocked.