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:
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- 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.1
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- 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.2
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- 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.3
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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.
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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%).
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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.
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- 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.1
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- 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.2
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- 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.3
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- Gather supporting documents. The US Petitioner (or joint sponsor) gathers and attaches supporting evidence:4
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- – Bank Statements (typically 12 months)
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- – Tax forms (1040) or IRS transcripts (if possible bring 3 years worth)
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- – W2 forms or 1099 forms (if possible bring 3 years worth)
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- – Employment Paystubs (typically the most- recent 3 months)
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- – Job Letter (Verification of Employment) from Employer
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- – Savings, Stocks, Bonds accounts showing market value and proof of ownership (only if you’re using assets to meet the minimum).
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- – 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.)
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- *Note these documents are not required. But they are highly recommended to help prove your financial standing
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- 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.5
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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 Federal “minimum poverty guideline” 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:
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- 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”).1
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- 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.2
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- Compare your income to the 100%. Compare the latest I-864p poverty limits with your gross income and household size. Ideally you should meet the 125% federal poverty limit.3
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- 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.4
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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):
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- 1. Banks accounts (savings), stocks, bonds, other cash deposits.
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- 1. Banks accounts (savings), stocks, bonds, other cash deposits.
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- 2. Real Estate – such as homes, property, etc. You must be able to prove ownership and market value.
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- 2. Real Estate – such as homes, property, etc. You must be able to prove ownership and market value.
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- 3. More…
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Two rules generally apply to assets
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- 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.
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- 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.
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- 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.
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You may use this $10,000 to add to your “gross” income to “make up the difference” to reach the minimum.
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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:
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- (1) must be over 18 years old
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- (2) have legal status in the US (citizen, Permanent Resident, etc.)
(3) not necessarily be related to Petitioner or Beneficiary
- (2) have legal status in the US (citizen, Permanent Resident, etc.)
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- (4) live in the US or have “domicile” here.
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- (5) must meet 100% with their own “household size” + beneficiary.
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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 with household members. A joint sponsor must be fully capable of supporting the foreign fiance(e) and his/her own household.
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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).
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Hi Prem,
I have question to I-134 AOS Form,
Part 3 Income and Assets Information
#3 My Annual Income $_____
Is this pertaining to my total annual income through my job or my annual gross income through my Tax Return. I hope you don not confuse with my question as I do. Thanks
Hello Manuel,
The total income is the combination of your gross income from all different sources. If you have a simple job with no outside income (dividends, royalties, retirement, SS, business, etc.) then it’ll be the gross amount from your job tax returns. Does this help or do you have a more complicated tax structure?
-Prem
Hi Prem,
I have a question regarding sending original affidavit of support documents to the fiance living abroad, can we just scan and email all the documents for them to print and take to the interview? do you think that would be acceptable? or is a wet signature required on form I-134? thanks!
Hi Hana,
You can take a look at common question # 2 which is how can I send the I-134 documents to my fiance here
https://www.visatutor.com/my-top-5-tips-for-the-i-134-in-your-fiance-k-1-visa/
You’ll read that you’re allowed to digitally scan it and email documents, print it out and present it at the interview. According to the Dep’t of State, wet signatures are no longer required for the I-134 AOS.
-Prem
Dear Prem,
Thank you very much for your blog!
I do too have a couple of questions regarding I-134 affidavit for my fiancee.
1. Question 38 in the form looks like this:
I intend [ ] do not intend [ ] to make specific contributions to the support of the person(s) named in the Part 2.
(If you select “intend,” indicate the exact nature and duration of the contributions you intend to make in Part 7. Additional Information. For example, if you intend to furnish room and board, state for how long and, if money, state the amount in U.S. dollars and whether it is to be given in a lump sum, weekly or monthly, and for how long.)
I am not quite sure how to answer this one. I intend to marry my fiancee and have basically a joint household with her. This sounds to me as “general” support and not “specific”, but if I select “do not intend” it sound as if I am not going to support her at all. Or do they mean the period after entering the US but before marriage?
Maybe I am overthinking this, but I am confused.
2. The most current I-134 form I can download from USCIS web site states “Expires 11/30/2018”. It’s 12/4/2018 today, and the interview is coming just in a few days.
There is a note on USCIS website that states:
“A new edition of this form is coming soon. In the meantime, you may file using the 11/30/16 edition. You can find the edition date at the bottom of the page on the form and instructions”.
However, I’ve heard that some people had their visa denied because of the form expiration date.
I also worry that the new edition may come out right the day she has her interview.
Would it invalidate the affidavit?
Thanks a lot!
Hello Igor,
Thanks for reaching out. As per your questions
1. You can select either response because this question doesn’t apply to K visa applicant sponsors. You see, other visa types use the I-134 form and therefore some of the questions don’t apply. If you choose to check “intend” then be sure to clarify in Part 7 additional info that this is for a fiance visa “n/a”.
2. Ignore the expiration date. You must go with the “edition date”. If the USCIS says that’s the latest edition date, then we can still use it until they issue a new one. You will not be denied for something like not having the form when it’s not even available. Don’t worry about it. Just be sure that it’s the latest edition date that you bring to the consulate interview.
-Prem
Hi Prem. We are at our 4th month after having sent the I-129F form. Our timeline is changing to an earlier date, as to when we can expect an NOA2 or RFE. Right now, it has been changed from February 2019 to about the middle of January. Is it okay for me to use the I-130 form that expirers on 11/30 or will there be a new version in December for the upcoming year? I just want to start preparing. Thank you sir for your help.
Tonie
Hi Tonie,
It’s great you’re preparing. I suspect that by the time your interview rolls around (maybe in March) the I-134 will be updated with a newer version by then. So, I would suggest you wait to fill out the forms. However, in all likelihood the supporting documents (bank statements, tax returns) and all requirements will stay the same. Therefore you can probably start gathering those documents in the meantime.
-Prem
Hi! First I would like to thank you for all the support. I have been finding conflicting information about a specific field on the i-134 form: Part 1 Number 12 (I am __ years of age and I have resided in the US since _______). Do American Citizens (born in the US) have to fill it out at all?
Hi Cynthia,
There’s no official instruction from the USCIS on how to fill it out for American-born citizens. In addition, this question has several problems which I’ve picked up over the years. First of all, what defines “resided”? Does it mean continuous stay in the US? does it mean only legal stay in the US? Secondly how does it apply to American-born citizens. To me, the simple answer is you put the year you started to call the US “home”. For born citizens, this is your birthday. For those not born citizens, it’s when you got legal status in the US.
You picked an interesting question because this is one of the ones I’m addressing in my new course for the K-1 visa interview.
-Prem
Hi! My fiance only started working this year, 2018. He just graduated from Med school. How do we go about the tax forms and w2? Hope you can help us! Thank you!
hey Steph,
That’s a fairly common situation (about just starting to work). You should read my top 5 tips for the I-134 Affidavit of support
In particular, read # 3 where I’ll explain how to do this with a employer verification letter + recent paystubs.
-Prem
Hi,
I can thank you enough for the blog. I didn’t know about it before my first visit. I found out after and there is a huge difference between the USCIS website and your blog. So I visited my fiancee for the second time then submitted my I-129F. It’s approved and we are just waiting for an interview date.
When submitting tax return 1040, do we submit the whole copies or specifics? Cause mine more than 20 pages for a year. Would a W2 be enough?
Thank you again for your insights
Hi Joe,
You’re welcome for the information, I’m glad it’s useful to you.
As per your question regarding your tax return: yes, you should send it all if you’re using the tax returns (1040). However, I suggest you consider using a tax transcript because it’s much more concise (typically less than 5 pages) and perfectly acceptable as a replacement for the full-fledged tax returns 1040s. If you use the 1040, you must accompany it with appropriate W2 forms. They must be together. Let me know if you have further questions. You can also see more I-134 tips here https://www.visatutor.com/my-top-5-tips-for-the-i-134-in-your-fiance-k-1-visa/
-Prem
hello , thanks for your help
if The Fiance(e) K-1 US petitioner has not enough income and want Joint Sponsor but Sponsor has not enough income but has assets to meet the minimum financial requirements. can take responsibility and file the I-134 on the US petitioner’s behalf ?
Hi Mina,
Yes, if the joint sponsor has enough assets to qualify above the minimum, then you can use that option.
Can I use my house as assets. My home is valued at $1400,000 on Zillow and no mortgage.
I have $60k gross self employment income but after expenses it was minimally. I will start a job that will pay me $21k per year on 11/24/2018. I am sponsoring one beneficiary. Will home asset be sufficient?
Hey Melissa,
You’re allowed to use your house as an asset if your income/financials are not enough for the year to meet the 100% limit. If you want to use your home as an asset, it’ll take more than just a zillow printout of the value. You will have to get the home appraised and get an actual value of the home in order for it to qualify as an asset. Even then, Embassies have the discretion whether or not to allow your home as an asset. So, it’s a bit risky in a sense.
Secondly your gross income is counted as income. And the household count is based on several things than just the person who’s emigrating. You can find additional resources at my other post. https://www.visatutor.com/my-top-5-tips-for-the-i-134-in-your-fiance-k-1-visa/
-Prem
Hi. A couple of questions. I will be using a co-sponsor. They will be providing an I-134 and I will as well. When it comes to documentation:
1) Will we each have to provide a letter from our bank?
2) I did not file taxes in 2015. If my interview is early 2019 will I have to provide 3 years of taxes: 2015, 2016, 2017? Will my co-sponsor need to provide 3 years of taxes?
Hi Linda,
1. If you provide your own I-134, then a bank letter is only required if you’re using your bank balance as an asset to make up the difference. If your income is enough to overcome the 100% of poverty limits, then there’s no need for additional assets. I suggest you read the tips here https://www.visatutor.com/my-top-5-tips-for-the-i-134-in-your-fiance-k-1-visa/
2. That’s fine. In general, the Embassy’s policy regarding tax returns before April 15 (tax day) is that they accept it considering how close you are from having filed. If you haven’t filed and it’s past tax day, then you must show some sort of extension request.
Your joint sponsor should be able to produce some tax history. It doesn’t necessarily have to be 3 years. However, 3 years is a good length of history.
-Prem
Dear Prem,
if my fiancé and I are using a joint sponson (his dad), does my fiancé still have to fill his own affidavit of support form? Thank you!!!
Hello Francesca,
Even if you’re using a joint sponsor, many Embassies may still ask you to submit the US Petitioner’s I-134. It doesn’t happen everywhere but many do ask. So, I suggest you email the Embassy or check their website and ask them.
According to the DOS laws, the US Petitioner is always considered the primary sponsor, so regardless of what happens, they always have the option to ask your fiance to submit it. That’s even if your fiance doesn’t work or earn.
-Prem
Hello
My fiance is an American but i am a South african lady with a 12 year son. We are planning to get married next year. My worries is that my american fiancee live on disability grant. Will his situation allow me to apply for k1 visa?. I myself work for the government in my country and i have enough funds to take care of myself and my son even if we manage to come to USA.
Hello there,
Any person who has an income and pays taxes can file the I-134 as long as they meet eligibility and are above the minimum requirements. Assuming that your fiance receives above the minimum requirements even with disability, they can file the I-134. You have to find out if your fiance pays taxes on that disability and whether it’s above the minimum 100% required. You can find out more tips from here https://www.visatutor.com/my-top-5-tips-for-the-i-134-in-your-fiance-k-1-visa/
-Prem
Hello,
I have a few questions. I have been with my fiancee for almost years now and we have been travelling South America the whole time. I have came back to the states during the summers but only make around $5000 in those 3 months that I work. We are artists we really dont have any formal documentation on our income. My fiancee is from Venezuela and is currently trying to claim refuge in Spain. So here are my questions:
1. Do I have to show 6 months if income before we go to the interview?
2. Can I apply for an American job online or an American business internationally here in Spain and still be able to prove my income?
3. My parents are retired but own have serveral assets.. would that be enough for a joint sponsor?
4. Can we file here in Spain if my fiancee has been allowed refuge or does he have to return to Venezuela?
Honestly it is torture to be away from him for so long and 8 to 10 months min. sounds almost impossible. We want to start our family. I have a Bachelors in Spanish and International Studies and make good money I just dont have proof.. Can you give us some advice?
Thank you!
Stacy
Hi Stacy,
thanks for getting in touch, I’ll try to provide my opinions on your questions.
1. No, you’re not required to show any amount of time. The requirement is that you must be able to prove that you can financially support your fiance when he/she moves to the US. I think you’ll benefit from reading my top I-134 Affidavit of support questions
2. As long as you work and you pay taxes, that’s how the Embassy will accept that you have enough income. Otherwise, if you do not work, they will allow you to use assets to help. Keep in mind that you’re not required to be working in order to file the fiance visa (https://www.visatutor.com/do-i-need-a-job-to-file-for-a-k-1-visa/)
3. You may use joint sponsors if the Embassy allows it for your case. Assets are acceptable.
4. I’m not 100% confident in this answer, but in my opinion if he’s been granted asylum by the time he has the interview, then he can interview in Spain. Otherwise, he may have to return to his nationality. I’m not sure about this. You should research and find out. And let us know what you discover, as I’m sure lots of us have similar questions.
I can imagine how tough it is being away from your fiance. We all go through the same exact emotional and psychological issues. My advice is to start the process and try to lock down a job. In addition, you should seriously consider keeping track of the taxes paid so that you can present a tax return to the Embassy when it’s time for the I-134. Or look into your parent’s assets. If you’re curious, shoot me an email and we’ll talk offline.
-Prem
Sorry for bothering you, but in here I really need your help. I want to ask you about several questions:
1) Actually what things that should be send in one package of K1 Visa form beside I-129F form?
2) When we have to bring Affidavit Support form (I-134)? Is it on the interview so we don’t need to include the form with I-129F form? or we have to include in together with I-129F when we want to send it?
3) And then for I-134 form in stock things especially about evidence, what’s the name of the report stock that showing the market value?
4) And then related to the signature, what form that should be wet ink signed from beneficiary side? Is there any possibility to signing in scan form and then print it? is it to risky or we still have to signed in wet ink?
Looking forward for your answer, Thanks!
Hello Shahnaz,
1. For the I-129F, you should sign up for my checklist for all the things you need to include https://www.visatutor.com/i-129f-petition-checklist/
2. The I-134 is only due at the interview.
3. in the I-134, if you wish to include stocks as assets, you can get a report from your stock broker.
4. scanned signatures are allowed from now on for all Department of State petitions. So, yes, you can scan them.
Hope this helps
-Prem
Thanks for the help!
We just applyed, the interview proably will be next year. We are trying to figure out upcoming docs now.
Our question now is my fiance had claimed about 2 months of unemployment benefits this year, does that count as income? Can he add that amount to I-134 income?
Thanks alot!
Hello Suki,
Unemployment benefits count as income. He will be able to add this income to the I-134 total. However, note that since it’s “temporary” income, the officers will factor that income into your overall “totality of circumstances”. Meaning it may help or harm some cases.
-Prem
Me and my fiance have been over 7 years relationship and times I have sent some money to his bank for buying a house toegther and for fixing house stuff. He does pay for the house too…
I didn’t noted that I-134 is asked for his bank saving amount…The problem is I just sent around 8k to him but my fiance salary shouldnt have this much…will this be a red flag? and get denial for the k1 visa?
Thanks your website have helped us alot.
Hello Suki,
You don’t have to show a bank balance. Bank balances are only required if you’re using them as assets to make up the difference. You can see the answer to this question #5 here: https://www.visatutor.com/my-top-5-tips-for-the-i-134-in-your-fiance-k-1-visa/
-Prem