Aware of when to file in US affidavit of support Form I-134?

Any alien is disqualified from entering U.S., according to Section 212(a)(4) of Immigration and Nationality act, in the opinion of the U.S. department of State officer delivering judgment on a visa application, a department of Homeland security officer or an immigration judge adjudicating an application of admission, if he/she  is found to become a public charge at any time.

The petitioning relative should file Form I-864, as specified in section 212(a)(4)(C) and 213A of the act and 8 CFR part 213a, for aliens seeking admission or adjustment of status as permanent residents as immediate relatives , family-based immigrants and certain employment based immigrants .

When to file Form I-134?

When you are not required to file Form I-864 on his/her behalf and in cases where you are inadmissible on public charge grounds Form I-134 should be used. In the discretion of the Secretary of Homeland Security or for immigration judge cases, the discretion of the attorney general Section 213 of the act allows the alien to enter US though he/she is inadmissible on public charge grounds by posting of a bond or other undertaking method. Undertaking which is prescribed in section 213 of the act is Form I-134. It is to show that visa applicants will not become public charges while in the United States and have sponsorship. A separate affidavit for each applicant must be filed by the sponsor.Affidavit of support form must be signed in sponsor’s full name. Doesn’t mean Form I-134 is necessary to be signed before a notary.

Support documents required

To prove that the alien will not turn into a public charge while in US the sponsor should show enough income or financial resources as assurance else the alien could be denied visa to enter US.

One of the following submitted in duplicate would be accepted as evidence of resources and income:

1. Bank officers or financial institution’s statement where the sponsor has deposits with following account information of the account:

a) Account opening date

b) Over the past year total amount deposited and

c) Balance as of date.

2. Employer’s statement on a business stationary with following details:

a) Nature and date of employment

b) Salary paid and

c) Information if the position is permanent or temporary.

3. For the sponsor is self-employed:

a) Last income tax filed copy, or

b) Concern commercial rating report.

4. Details of serial numbers and denominations of bonds and names of record owners in form of a list.

Liability of sponsor and alien details

The agency which provides assistance can sue you to recover the cost under a provision in the section 213 of the act if the alien who was sponsored becomes a public charge. Also the income and assets of one who sponsors combined along with the alien’s income and assets determines if the sponsored person is eligible for food stamps, Supplemental Security Income (SSI) and Temporary Assistance for Needy Families (TANF).

To the Social Security Administration documentation concerning the alien’s and sponsor’s income and resources should be made available while applying for SSI. To the state public assistance agency same details should be provided while alien applies for TANF or food stamps. Authority to obtain copies of such documentation from US citizenship and immigration services (USCIS) or the US department of State are given to the US secretary of Health and Human Services and the US secretary of agriculture and also to further release it to a State public assistance agency.  Thus any misinformation could lead to future deduction of the due amounts to the sponsor and alien and both are liable up to any repayment of full amount due.

The Form I-134 must be filed according to the instructions for the type of application like the fiance(e) B-2 visa, which is submitted for which this Affidavit of support form is required and depends on whether the alien whom you sponsor is outside or inside US.  No filing fee for this form. The completeness of the form submitted would be checked failing which the application could be denied.

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