subject: Consular Processing And The Legal Impact Of The I-134 And The I-864 Affidavits Of Support [print this page] 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 effect of an I-864 affidavit of support is slightly different from that of an I-134 affidavit of support as the I-864 is more enforceable against the American sponsor. With that in mind, the I-134's utilization is, strictly speaking, by discretion of the Consulate and simply acts as a means of facilitating a uniform method of adjudicating multiple individuals' abilities to provide support for alien fiances. At one time, it was more commonplace for Consulates to accept I-134 joint-sponsorship, but this trend seems to be declining since more Consulates now require that the American Citizen sponsor show an ability to support a foreign fiance independently thus restricting the usage of joint sponsorship affidavits in K-1 visa applications. 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. During the adjustment of status phase, the US Citizen Petitioner submits 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 unenforceable with respect to the original I-134 joint sponsor and should the US Citizen petitioner not be able to show requisite assets, then it places the American Immigration officers in a position where they might need to find that the foreign spouse could become a "Public Charge" if permitted to stay in the US. This set of circumstances leaves all parties in a rather precarious position. Therefore, it is this author's opinion that I-134 joint sponsorship is being phased out in order to make certain that those sponsoring non-immigrant fiancees for a visa to the US can meet their obligations with regard to a future I-864 affidavit.
