Every so often (quite often actually) I see people challenging the understanding that DV lottery cases use the I-134. They have read about the I-864 (Affidavit of Support), and often see it listed as a requirement for immigrant cases. However, the I-864 cannot be used for DV lottery cases – and in this post I will explain some differences and why that difference exists. It will offer a little more technical depth than I would usually include, so if you just want the punchline it is “use the I-134 in DV cases”.
As discussed before in this post, there is standard requirement that any immigrant case be assessed to make sure the immigrant will not become a public charge. In Employment based cases, that is implied by the job offer itself – the employer is the “petitions”. In Family based cases there is a member of the family who “petitions” for the immigrant and therefore takes responsibility for the immigrant. In DV cases there is no “petitioner” – so the matter is a little different.
If there is a petitioner the government can require a contract to require the petitioner to sponsor the beneficiary and avoid the government having to pick up the bill. This contract is the I-864 – a legally binding agreement where the sponsor can be held responsible for financial support of the beneficiary (up to 125% of the federal poverty guidelines). There can even be co-sponsors. The obligations of the I-864 stay in place until the immigrant has worked for 40 quarters (10 years), becomes a citizen, or leaves the USA. The sponsor is also considered “free” of the obligation upon their death. Happy days.
If there is not a petitioner as in DV cases a legally binding contract is not possible. This is important to understand correctly. The I-134 must be completed by a legal US resident, and the information provided on the form must be true – because the person completing the form (the sponsor) could be charged with perjury (lying) if the information provided is not true. However, the sponsor cannot be forced to provide the help offered in the form. For this reason there is no need to apply to the 125% standard, and the amount of income considered sufficient is 100% of the federal poverty guideline. In terms of the term of the obligation, well there is no legal obligation, so that isn’t an issue. However, we have seen cases where the sponsor has put some time limit on the support, and that has caused the CO to disregard the I-134.
The public charge information is a part of immigration law (INA), but for a good description of how the laws are implemented we can turn to the US Department of State Foreign Affairs Manual on public charge matters. In terms of DV cases not using the I-864 that is covered several times, but most clearly stated on page 15/16 of the linked document. That section covers a number of main concepts about the I-134. Reading this one section answers almost all questions about the I-134, so I am including some areas of interest/relevance.
9 FAM 40.41 N5.6-3 Use of Form I-134, Affidavit of Support
(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,
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.
DV lottery cases use the I-134
January 22, 2017 at 6:14 pm
Thanks Brit, for your advice.
I know that form I-134 is not mandatory to show, but if reduce the possibilities to have any problem, is welcome.
1- Do you think that I need to show any document related with H1B visa in my interview?
2- If the answer is Yes, What document do you reccommend?
I asked you because all the documents related with this visa are with my sponsor and I need to ask them for scanned and emailed me.
3- Or do you think it’s not necessary because the Consular Officer know about my background applied?
I don’t like to bother them with all the documents and ask for the form I-134 because I am not sure to have an interview. 4- Could I ask for these documents when I receive my 2NL?
Thanks again
January 22, 2017 at 6:41 pm
1. Take it just in case.
2. Use your judgement
3. See 1.
4. Yes.
January 22, 2017 at 11:52 pm
Dear Mr.Britsimon,
I have one question. Since the person who is willing to be my sponsor ( I-134 ) does not have any savings or realestate, what is the needed yearly income that is enough so she and her husband (they have two children) can sponsor me, my wife and our two children.
Thank You in advance for Your answer!
Best Regards!
January 22, 2017 at 11:57 pm
britsimonsays.com/all-about-public-charge-affidavit-of-support-i-134/
February 14, 2017 at 5:48 pm
Hello, I am working on the I-134, and I am the sponsor. Will my W-2’s for the month and tax 1040 be enough? Do we need to also have statements from where we have saving accounts attached? Thank you!
February 14, 2017 at 6:30 pm
W2/1040/Payslips/Photo ID
February 15, 2017 at 2:38 pm
Thank you!
February 28, 2017 at 7:23 am
Dear BritSimon,
Really thanks for your information.
It helps me a lot to prepare for the interview of DV.
My interview is scheduled on Mar. 6 in Taiwan.
I just received the letter with lists of documents for the interview from American Institute in Taiwan.
I’m confused about one of the documents they requested.
That is the “Sponsor’s latest tax record or evidence of financial support.”
Through that, it is linked to the website of instruction of form I-864.
According to the instruction, I-864 is for the applicants of family-based immigrant or employ-based immigrant.
Do I misunderstand anything here?
1. If it is correct, then I don’t have to prepare I-864, right?
2. Then, do I need to prepare the “Sponsor’s latest tax record or financial support” for the interview?
3. My husband is still a PhD student with “F1” visa.
We have 25000USD in bank account in total, and my husband has the job offer letter from the university as teaching assistant.
Will it be enough for the interview? or should we get I-134?
Really appreciates for your information.
February 28, 2017 at 2:44 pm
1. Not an I-864. But you might want to provide the I-134
2. The tax form is needed to accompany the I-134
3. That might be enough to avoid the I-134 – but the I-134 is always safer.
February 28, 2017 at 3:13 pm
Thanks for your reply.
The letter from AIT really confuses me.
It only requires me to get “Sponsor’s latest tax record or evidence of financial support” without mentioning the I-134.
According to your article, I know that the I-134 should be filed by a US citizen or LPR, but it is hard for me to get a person to file that.
Can my husband be the one to file I-134?
(I am the principal applicant, and my husband is the dependent. He is under F1 visa now.)
I see there is an option of the sponsor that “I am a lawfully admitted nonimmigrant.” in the I-134 Form.
Really appreciates for your reply.
February 28, 2017 at 5:43 pm
Evidence of financial support is a generic requirement that you can meet in several ways. An I-134 is one such way. Your husband can not fill it in. More info here.
http://britsimonsays.com/all-about-public-charge-affidavit-of-support-i-134/
March 1, 2017 at 4:36 pm
Really thanks for your information!!!
April 2, 2017 at 11:02 pm
Hello Simon,
I have my interview in Paris in 3 weeks and when I downloaded the pdf documents from the Paris embassy with their instructions for the interview, they did not mention anything about the i-134 (they only mentioned the i-864 for family based applicants). I am the only applicant in my case.
Would you know if this form is required in embassies like Paris (or other, as I could not get anyone on the phone to answer me when calling the embassy).
The person I plan to stay at in the States is a friend of my dad, but he is retired. Can he be my sponsor with his retirement plan?
Thank you.
April 3, 2017 at 3:33 am
Paris often asks for the I-134.
THe sponsor must show adequate income regardless of how the income is gained.
April 24, 2017 at 6:03 pm
Hello Simon,
I am wondering if you could help me on the I-134 form.
My sponsor is worried that if we incur in medical expenses he would be liable. I am trying to explain that this is not a risk as it is not legally enforceable but am I right?
why do they say he is responsible here?
https://blog.visitorscoverage.com/us-visa-sponsors-liabilities-whether-the-visa-sponsor-liable-for-visitors-unpaid-bills/
How can I support my theory and make him feel at peace?
what real responsibilities would he incur by signing the form?
thanks
Sophia
April 24, 2017 at 10:36 pm
The I-134 used to be the only affidavit of support used until the introduction of the I-864. The new form was introduced because the I-134 was tested in court and found to be unenforceable. The I-864 (for other types of case) is legally enforceable. Why do they say it’s enforceable – to make people think twice about filling it in.
“(3) (U) Use of Form I-134, Affidavit of Support:
(a) (U) 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, 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.
”
https://fam.state.gov/FAM/09FAM/09FAM030208.html
May 17, 2017 at 5:36 am
Dear Simon,
DV 2017 which sponsorship form should my sponser use I 134 or I 864? What does W2 means in above article
Thank you
May 18, 2017 at 4:24 am
The article explains 134 versus 864.
Google W2.
July 9, 2017 at 7:29 am
Dear sir,
Can the I 134 be filled by a U.S. citizen but residing in the UAE as he is working there?
Regards,
July 9, 2017 at 9:22 pm
If the person is paid and reports tax in the USA – possibly.
October 13, 2017 at 8:33 am
Hello Simon,
I’m a US citizens and I want to sponsor/ petition my sister’s family . They are Dv 2018 selected . Since they are my family ,my question is:
should I use I -134 or I-864?
I don’t mind doing I-864 and taking the responsibility but can’t figure out which one will be more beneficial to them for obtaining visa
Thank you !
October 13, 2017 at 2:31 pm
For a DV case, only the I-134 can be used.
June 10, 2018 at 6:14 am
i notice that my question was already answered here, thanks brit
November 1, 2017 at 4:06 am
what happened if we do not have family / friends in the USA. does I-134 still applicable for me? who do i reach out to become my sponsor.
November 1, 2017 at 5:38 am
Well what is your plan for how to survive. Do you have a large amount of savings?
October 30, 2018 at 5:26 pm
It’s still not clear for me. I don’t have anybody in the USA. I have some savings though. So I won’t have I-134. Can I be disqualified?
October 30, 2018 at 6:06 pm
http://britsimonsays.com/all-about-public-charge-affidavit-of-support-i-134/
July 20, 2018 at 9:18 pm
Hi! I would like to know if I am appling for a K1 Visa for my fiance, but because a have live in Venezuela all my live, and I am just about to move there, so I have never work in the US, but we want to send the aplication as soon as possible, can my big sister be my sponsor filling out a I-134 for me, and my other sister fill out an I-134 for my fiance, so they both are willing to sponsors us. It is that possible??? My two sister have being living in the US for long time and have good jobs. We all three were born in the US.
July 20, 2018 at 9:19 pm
I only answer DV lottery questions.
August 16, 2018 at 6:47 pm
Hi brit, i won with family, does my I 134 provider need to fill it one form for all of us. Or seperately for me , my wife and kids
August 16, 2018 at 7:03 pm
One form covers you and your derivatives.
August 19, 2018 at 9:44 pm
Hi Brit, I have received I 134 from my sponsor, there is no other document( payslips, ID ), do I need also these documents from sponsor !!
August 19, 2018 at 9:49 pm
Yes.
November 28, 2018 at 9:26 am
i filled out the i-134 form and got it signed from the sponsor .. on the top right corner in the form it says EXPIRES 11/30/2018 .. what does it mean by that
November 28, 2018 at 3:18 pm
Don’t worry about it – it is nothing to do with your case.
December 15, 2018 at 9:35 pm
Hello Simon,
Can you please tell me approximately how much amount in dollars I need to show as enough fund for me my wife and one baby . Total 3 people . I have read articles but could not understand . Please help . From your article I came to understand that either proof or affidavit or enough fund should be shown so that the selectee cant br public charge . We were thinking to show our bank balance but how much that question is hitting me. We are in Canada since tei years, we do have last year tax return. Can we show that ??? Please tell me the amount so that I can have some relief and mentally prepared for that .
Thank you so much.
December 16, 2018 at 2:17 am
http://britsimonsays.com/all-about-public-charge-affidavit-of-support-i-134/
December 25, 2018 at 6:42 pm
Hello Brit Simon, we are a family of 4, we have 45000USD on our bank accounts in total and we also have real estate assets in Paris. is there a risk to be asked for I-134 also?
thank you so much
December 25, 2018 at 7:14 pm
It’s always possible.
December 31, 2018 at 6:46 am
Hello Brit,
I need urgent help . Please help me .
We are scheduled for Interview in Feb 7 at Montreal Canada. Along with me ,my husband and my six months old baby . I have asked my cousin to file i134 . He did it . He have two daughters and wife staying with him. But his annual income is only 28,850. I think it is pretty low as per the poverty guideline . So can I ask for joint sponsorship ? If my cousins wife also want to file I134 did she need to file separate form if I134 for us . Or both husband and wife can file together for us ? Can we do like that if our sponsor income is low ??
Please help .
December 31, 2018 at 3:30 pm
You cannot have joint sponsors, but your cousin can show their JOINT income.
December 31, 2018 at 5:26 pm
So Brit, if he show their joint income do we need two AOPs or just simply adding the joint income on annual income will be ok ? And we need W2 of his spouse too ?? Please help .
December 31, 2018 at 9:33 pm
One form, one signature, joint income. Two lots of W2s etc.
January 3, 2019 at 6:25 am
Thank you so much for information Brit . So here in etc I mean to say Two W2, one pay slips , one 1040 and one photo ID of my cousin right ?? Heartily sorry if I repeat the question but here I just want to be more clear .
Thank you
January 3, 2019 at 3:22 pm
“Two lots of W2s etc”
Can’t be more clear than that!!! Think about it.
January 8, 2019 at 3:24 pm
I am edv winner for 2019.my interview date October 25.i am from Nepal my case number is19* but consular has requested to me relationship man in search. I have applied for document .my first sponsor are friend. My second sponsor is my vallige cousin.my three sponsor are my cousin. But consular are mail me you have public charge for United State of America. Please help me.
January 8, 2019 at 4:58 pm
You need to provide an I-134 from someome in America who earns enough money to support you and their own family combined. Everything you need to know can be found here:
http://britsimonsays.com/all-about-public-charge-affidavit-of-support-i-134/
January 9, 2019 at 10:02 pm
Hello Brit,
For the Form i-134 can the photo ID be a drivers licence? Or it has to be a US Passport photo?
Thanks!
January 10, 2019 at 1:03 am
DL is OK.
January 15, 2019 at 3:20 pm
Dear Brit. I-134 should be filled for each individual and derivative or it is for principle applicant only. Original need to be showed or scan copies are sufficient.
January 16, 2019 at 4:17 pm
Brit you did not answer my question.
January 16, 2019 at 4:53 pm
Please read the FAQ.
January 16, 2019 at 3:14 pm
Hello Brit,
Consular refused my visa based on insufficancy of income but to overcome this mail said i can have joint sponsor and co sponsor(in case Joint sponsor doesn’t have enough income). since my uncle is joint sponsor along his wife as co sponsor. should they need to fill I134 each for them?
January 16, 2019 at 3:53 pm
I don’t believe a joint sponsor would be any good. The poverty guidelines are VERY low. Someone who is not above that can barely help themselves, let alone someone else. So – two people in that position is useless. Get one sponsor that meets the requirements.
January 26, 2019 at 9:23 am
Hi simon I got the email from kcc requesting me to send my scan documents and I have done just that.i just want to ask you if I should
1 request the i134 sponsorship from my sponsor or wait till I get my 2nl
2 I made a mistake on my ds260 form with regards to my sponsor address.instead of (2321 sw 15 avenue) I rather (2321 sw avenue) without the( 15) but his name,city,state, phone numbers are correct.
3 Can I correct my mistake at the interview
Have a blessed day sir and extend my greetings to ur lovely daughter
January 26, 2019 at 5:05 pm
1. Wait
2. Correct that.
3. Possibly
February 23, 2019 at 11:18 am
Hi Brit!
When my sponsor is filing the I – 134, does he need to accompany it with the W2 and the 1040? or the I – 134 usually stands alone?
February 23, 2019 at 2:37 pm
It needs the accompanying income proof and ID.
February 23, 2019 at 3:27 pm
Thank you
March 1, 2019 at 11:02 am
Helo brit , im a 2019DV winner and im single applicant my sponsor also single. Sir what is the difference between 100% poverty guidelines and 125% poverty guidelines ? As i DV winner shoul i show 125 % level of poverty guidelines ?
March 1, 2019 at 5:21 pm
A sponsor completing the I-134 should have 100% of the poverty guidelines. That is described above.
March 1, 2019 at 6:21 pm
But sir, somebody are telling me 100% not enough. We should show up to 125% poverty guidelines. Please explain me . Im really confused that
March 1, 2019 at 6:25 pm
I already answered. Listen to idiots if you prefer.
March 1, 2019 at 6:44 pm
Sorry brit, how many years have obligation about DV applicant for sponsor ? Please tell me.
March 1, 2019 at 8:44 pm
None. The I134 is unenforcable.
March 13, 2019 at 1:16 pm
Dear BritSimon sir
Can I submit I-864 Affidavit in interview? if my sponsor is family relative.
March 13, 2019 at 4:18 pm
If not possible to submit I-864 in interview .how to prepare jointly I-134 affidavit if sponsor income not enough.
Thanks and Regards.
March 13, 2019 at 10:38 pm
When you don’t bother reading the article above and ask questions already answered there, it is a waste of my time. Don’t be lazy.
March 13, 2019 at 9:18 pm
Did you read the article above?
March 25, 2019 at 1:37 pm
Hi Brit, my name is Unis, I’ve read through the FAQ, my questions aren’t answered there so I decided to ask here , please , how recent must the I-134 be? Should it be mailed to the applicant a month before the visa interview or less than a month? And also , should 2 pages of the I-134 be printed on one sheet (back to back) or print each page on one sheet …..Thank You
March 25, 2019 at 1:44 pm
Around a month is normal.
Print how you want.
March 26, 2019 at 8:08 pm
Hi Brit!
My sponsor doesn’t seem to understand the finer details of the I-134. I am of the opinion to fill it with information He has provided.and ask him to scan to me the signature page. Will this bring an issue with the consular officer considering different handwriting on other document?
March 26, 2019 at 8:30 pm
I cannot guess how observant or suspicious a particular CO will be – so your guess is as good as mine.
March 27, 2019 at 5:35 am
Thank you Brit!
March 27, 2019 at 6:17 am
Another question in relation to the same, Is it possible at this stage to submit documents from a different sponsor, i.e. The From I-134, The IRS tax Transcript and The Photo ID. Please note that I attended the interview yesterday and was asked to send a well filled and clearly scanned form I-134 and a tax transcript.
March 27, 2019 at 2:23 pm
Yes.
March 28, 2019 at 6:45 am
Okay. Thank You very much
April 2, 2019 at 8:15 am
Hi brit
I am a 2019 dv winner
Submitting I -864 form of two joint sponsors with w2 and 1040 after interview ,I was informed that I was unable to overcome public charge. Now for next processing I am going to use two sponsors as the annual income of one is just 28000$ . After the joint sponsorship of a unmarried friend who’s income is 28k dollars and another couple has 40000$; so in total 68000$. in this case which form do I need to fill up I 134 or I 864. I am unmarried . Also in the mail by consular I was informed to demonstrate my authentic ability to support myself in usa.
What can I do??
April 2, 2019 at 1:48 pm
You CANNOT use joint sponsors. And for DV as the article above makes clear, you use the I-134.
April 6, 2019 at 4:06 am
Dear Sir, i am trying to fill out the I -134 for my brother. my immigration status is Asylee so based on guidlines i as a US legal resident can sponser him. But my question is regarding the Citizenship section on the form. Non of those answers apply to my status. My I485 is still pending so i cant mark that one. And i am not a non immigirant so i cant mark the last answer either. I asked my immigration lawyer and he also couldnt figure out. Please let me know if you can suggest anything about that question. Thanks
April 6, 2019 at 4:18 am
Your brother would be better off with another sponsor as you cannot be certain to provide support indefinitely.
May 29, 2019 at 1:13 pm
Dear Sir,
i want to file I134 for my friend who won lottery 2019, do i need to file separate I134 form for he and his spouse or only one form for both of them?
May 29, 2019 at 1:43 pm
One form covers both.
July 15, 2019 at 7:38 pm
Can a retired couple who are friends of my family be sponsors for i-134 if their only income is their retirement?
Can a sponsor be a US citizen who doesn’t live in the US?
July 16, 2019 at 1:07 am
1. Yes if the income is sufficient.
2. No
September 26, 2019 at 11:27 pm
Hello Brits, I am 2020 dv winner and interview is on forth of November 2019,I have started preparing for. I have been calling my sponsor and texted him about the I-134 but he is not responding to any of my calls and messages. Do you think I can look for another person to support me and the fact that his details were written in the DS260 will it bring issues if I search for another host. I am really worried and time is moving so fast.
Regards. Lorna from kenya
September 27, 2019 at 11:24 pm
Get another sponsor.
October 4, 2019 at 3:56 pm
hi brit
due to fill up i 34 , my sponser can’t type any thing in some where,so can he use black pen to fill up it?
at ds260 form i fill up my education is 12th running but i got certificate of 12th after 2nl thats why i cant unlock ds260 , can i show my orginal eudcational certificate in interview? is it ok?
October 4, 2019 at 10:39 pm
1. Yes
2. Yes
October 23, 2019 at 2:32 am
hello Simon !
on ds 260 form ,
The “present address” I provided is the address I am curently living since last 7 years for my study only (as I am not migrated here) .The 2Nl address is present address as on Ds 260.but all the documents I have including citizenship card , passport have different City where I was borne .
The question is
On I 134 which address should I provide to the sponsor ?
I mean the present address (as on ds260) or the permanent address as on the passport, birth certificate ?
Does it cause a problem?
Best Regards !!!
October 23, 2019 at 3:49 pm
Current address.
December 28, 2019 at 7:48 pm
Hi Simon,
I’m preparing my documents as per list of Abu Dhabi embassy, but I don’t see mention I-134 only the I-864. You mention it clearly I-134 to use for DV lottery, can you kindly confirm the same for my case?
Thanks a lot.
December 28, 2019 at 9:14 pm
DV cases ONLY use the I-134. NEVER the I-864.
January 27, 2020 at 10:29 am
Hi Simon,
My brother is a US citizen but he won’t be able to sponser me due to his low income and other personal issues but i wrote his address where my green card will be delivered to.
1- Is there any problem if the sponser ( affidavit of supposrt ) is different from the one i wrote his address ( the address where my green card will arrive )
2- if both are in different state. Example: one in NY the other in NC. Any problem?
3- We are a family of 4 ( husband,wife and two children ) will 35000$ and a prove of assets ( house ) be enough instead of the i-134. In addition to that i work in a telecommuncation company for more than 16 years which means that i’m totally independant.
Thank you
January 27, 2020 at 6:43 pm
1. No
2. No
3. The savings might be enough, whereas the I-134 is certain.
February 18, 2020 at 7:54 am
Hi Brit, I hope you are well. I wanted to ask if a sponsor can fill the I-34 and send it directly to the embassy together with his documents ?
February 18, 2020 at 3:09 pm
No, the selectee presents it if asked.
July 12, 2020 at 9:49 pm
Hi Brit,
It is not clear for me when must be produced the i-134. Actually I filled ds260 for dv2021 and not still received email from kcc (but I know that is too early even conserating the actual ban…).
But I haven’t seen any field where write that I have a sponsor and I would like to avoid to make a mistake in ds260 or any other phase before interview (hoping it could be happen asap).
Thanks
Ale
July 13, 2020 at 4:21 am
You present the I-134 at the interview.