Fiance(e) K-1 visa – Form I-134 Affidavit of Support

The Affidavit of Support Form I-134 for the K-1 visa helps show how the US petitioner will financially support the foreign fiance(e). It’s submitted during the Fiance(e) K-1 visa interview by the applicant along with all supporting documents.

Not meeting/showing enough income (or proper financial paperwork) is one of the leading causes of denials at the K-1 visa interview. Make sure you don’t get denied or delayed. Read below to understand how to properly prepare it. 

Do you know how to meet these income/financial requirements?

There are generally three (3) ways to meet the minimum requirements in order to overcome the “public charge” criteria:

• 1

  The US Petitioner has enough income. The US Petitioner has enough annual income (as compared to the I-1864p) to sufficiently support the foreign fiance(e) and any children.
• .
• 2

  The US Petitioner uses “assets” to make up the difference. The US Petitioner does NOT have enough annual income to sufficiently support the foreign fiance(e) and any children. You then have to use any assets to “make up the difference” between your income and the minimum.
• .
• 3

  The US Petitioner uses a Joint Sponsor. The US Petitioner does not have enough income or assets to meet the minimum financial requirements. A Joint Sponsor who has enough income/financials will take responsibility and file the I-134 on the US petitioner’s behalf.

Why submit the I-134 at the K-1 interview?

The US government want’s to make sure that the foreign fiance(e) will not become a “public charge”. That means the US petitioner must make enough income (or have enough assets) to financially provide for his/her immigrating fiance(e).

Here is a list of the common reasons for denial at visa interviews. Notice that if you don’t “demonstrate proof of adequate financial support” you may be denied under 212(a)(4).

The US Embassies don’t specifically require you to submit form I-134 at the interview. However, you should consider the form I-134 (Affidavit of Support) a requirement. It’s the most common and practical way to prove your fiance(e) won’t become a “public charge”.

Above is an example of instructions requesting a form I-134 from the United Kingdom (UK) Embassy. Notice it says that an I-134 is an “efficient way to provide” this information. It’s not necessarily the only way to.

Form I-134 Affidavit of Support – Instructions

You can download the latest form I-134 and the I-134 instructions at the USCIS website. It briefly describes how and what to submit. It’s not necessary to notarize the I-134 Affidavit of Support in order to apply for a K-1 fiance(e) visa.

If you have questions on what you submit along with your I-134, review the I-864 instructions. The I-864 is the Affidavit of Support filed when a foreign fiance(e) applies for a Green Card after marriage (with I-485). Generally, similar requirements apply for both forms.

*Please note: although there are many similarities in the I-864 and I-134, there are some major differences as well. Not all requirements of the I-864 apply to the I-134 (for example: the 125% income versus 100%).

Steps to file the Affidavit of Support (I-134)

Follow the steps below to properly prepare your Affidavit of Support for the K-1 fiance(e) visa. You will submit these documents in a package at your K-1 interview.

• 1

  Download the latest forms + instructions. The US Petitioner (or joint sponsor) downloads the latest Form I-134 and I-134 Instructions from the USCIS website. Make sure not to have expired/outdated forms.
• .
• 2

  Check Embassy’s website. Check the US Embassy’s website of the fiance(e)’s country on specific instructions for the I-134. Some Embassies may have specific requirements. For example, some Embassies prohibit using joint sponsors. While others require you to file the I-134 even if you’re using a joint sponsor.
• .
• 3

  FIll out I-134. The US petitioner (or joint sponsor) fills out the form I-134 following instructions I-134. You may have to consult the I-864 if you’re unclear on the specific instructions.
• .
• 4

  Gather supporting documents. The US Petitioner (or joint sponsor) gathers and attaches supporting evidence:
  • – Bank Statements (typically 12 months)
  • – Tax forms (1040) or IRS transcripts (if possible bring 3 years worth)
  • – W2 forms or 1099 forms (if possible bring 3 years worth)
  • – Employment Paystubs (typically the most- recent 3 months)
  • – Job Letter (Verification of Employment) from Employer
  • – Savings, Stocks, Bonds accounts showing market value and proof of ownership (only if you’re using assets to meet the minimum).
  • – Real Estate market value and proof of ownership (only if you’re using assets to meet the minimum).
  • – Identification and proof of legal status (US Passport, Green Card, etc.)
• *Note these documents are not required. But they are highly recommended to help prove your financial standing
• .
• 5

  Finalize and submit I-134 Packet. The US petitioner (or joint sponsor) will send an original I-134 package to the foreign fiance(e) to submit at the K-1 visa interview. Make sure to sign everything and include clear, legible photocopies.

K-1 Minimum Income requirements (Form I-864p)

The US petitioner needs to have certain minimum income in order to sponsor someone with a fiance(e) K-1 visa. The Affidavit of Support (I-134) uses the “minimum poverty limits” Form I-864p chart to compare your financials.

This chart is updated yearly with new dollar amounts. Review the I-864p to compare your income to understand if you meet the minimum.

How to read the I-864p chart:

• 1

  Determine “gross” income. First determine your “gross” income. Generally, you can read your Tax returns or IRS transcripts to find your “gross” income. However, If you’re newly hired with a different gross salary, you will use that figure (support with a “job letter”).
• .
• 2

  Determine “household size”. Then determine your “household size” as instructed by the I-134 instructions. This generally includes yourself, your fiance(e), his/her children and any of your dependents.
• .
• 3

  Compare your income to the 100%. Compare the latest I-864p poverty limits with your gross income and household size. 
• .
• 4

  Use Assets or Joint Sponsor. Compare your income. If you do not meet the minimum requirements, then you must use assets to “make up the difference” or use a joint sponsor to file on your behalf.

Assets to meet Income requirements (Form I-134)

The US petitioner may not be able to meet the minimum financial requirements using gross income. So, if the tax returns (or IRS transcripts) do not show enough income, you may use assets to “make up the difference”.

Assets that may be considered in connection with your Affidavit of Support (I-134):

1. 1. Banks accounts (savings), stocks, bonds, other cash deposits.
   .
2. 2. Real Estate – such as homes, property, etc. You must be able to prove ownership and market value.
   .
3. 3. More…
4. .

Two rules generally apply to assets

1. 1. The asset must be able to be sold in (1) one year. If need be, you must be able to sell this asset in less than 1 year for market value. Things that are difficult to sell (such as 401k) are not allowed for use in the Affidavit of Support.
   .
2. 2. Assets are only 1/5 of Net Value. This means the market value of the asset is only one-fifth of what’s considered. For example, if your home is valued at $100,000 with a mortgage of $50,000 then the Net value is $100,000 – $50,000 =  $50,000. The usable NET VALUE for the Affidavit of Support (I-134) is $50,000/5 = $10,000.
3. .

You may use this $10,000 to add to your “gross” income to “make up the difference” to reach the minimum.

Using a Joint Sponsor in Affidavit of Support (Form I-134)

The Fiance(e) K-1 US petitioner may not be able to meet the minimum financial requirements using gross income. If the tax returns (or IRS transcripts) do not show enough income, you may use a joint sponsor. The Joint Sponsor effectively replaces the US Petitioner as the support.

In order to qualify to be a joint sponsor, he/she:

• (1) must be over 18 years old
• (2) have legal status in the US (citizen, Resident, etc.)
  (3) not necessarily be related to Petitioner or Beneficiary
• (4) live in the US or have “domicile” here.
• (5) must meet 100% with their own “household size” + beneficiary.
• .

The joint sponsor must file a separate I-134 and provide his/her own supporting documents. Bank statements, Tax returns, etc must be provided just as the instructions state. You cannot combine your income with a joint sponsor to meet the difference. A joint sponsor must be fully capable of supporting the foreign fiance(e) and his/her own household. 

K-1 visa denials: Not enough financial support

One of the leading causes of K-1 Fiance(e) visa denials are not showing enough financials/income. The foreign fiance(e) must have someone (preferably the US Petitioner or a joint sponsor) to take responsibility for their welfare.

You should not take a risk with this form and documents. Make sure to have enough income/assets to comfortably meet the K-1 visa minimum requirements. See my K-1 visa interview preparation tutorial which shows all about the Affidavit of Support (i-134).