AOS Procedure Part 2

Form I-134

A Primary Applicant must provide an Affidavit of Support I-134 for each family member immigrating with him/her. A copy of this form must be included in the AOS ‘package’ of these Derivative Applicants.

To submit Form I-134 you must live in the U.S. or one if its territories and be 18 years of age or older. You do not have to be a U.S. citizen but must reside in the U.S. legally.

A sponsor’s income must be equal to or higher than 100% of the U.S. poverty level guideline for that size household. The household includes the sponsor, relatives that depend on him/her, you, and if applicable your spouse and/or child/children.

The sponsor needs to provide a statement from the bank regarding his/her account(s) with the date an account was opened, deposits for the past year, current balance.
Also included must be proof of current employment or self-employment and a copy of his/her most recent income tax return including W-2 (if applicable).

Proof of Employment is a letter from sponsor’s current employer preferably on business stationary. The letter must include the date of hire, position and title, type of work done, whether position is permanent or temporary, salary paid. Also marital status, number of dependents claimed, contact information.
In case of Self-Employment proof is a copy of sponsor’s business license, pay statements.

For Question # 38 answer N/A for Non-Applicable.

Go to www.uscis.gov and search Form I-134 Affidavit of Support, to print the form and for most recent information.

It is possible you will receive an RFE requesting the Support Affidavit I-864 or I-864EZ.

Form I-864

Officially you must be a U.S. Citizen or a Permanent Resident to submit Form I-864.

Form I-864 Affidavit of Support mandates sponsor’s income to be equal to or higher than 125% of the U.S. poverty level guideline for that size household. A household includes you and the family members that will depend on you. For Alaska and Hawaii the required level of income is higher.

To meet the sponsorship requirement assets like stocks, bonds, savings, can be included at full value. For assets like a car, jewelry, etc. part of the value can be added. You must include exact descriptions of the assets, their value, the location where they are held, and provide proof of ownership.

Also included must be proof of (self)employment and the most recent income tax return including all schedules and W-2 – if applicable.

  • Proof of employment is a letter from your employer preferably on business stationary. The letter must include date of hire, position and title, type of work done, whether position is permanent or temporary, salary paid. Include last three pay stubs.
  • In case of self-employment the proof is a copy of your business license, statements of payment.

If your income and/or assets are insufficient you can ask someone to co-sponsor. He/she agrees to share full responsibility for the financial support of your family. The co-sponsor must meet the same requirements as you.

Form I-864 is a contract enforceable by the U.S. government and government related agencies. Medical facilities etc. can enforce this contract too. The obligation of a (co-)sponsor only ends if a sponsored immigrant either

  • becomes a U.S. citizen
  • leaves the U.S. permanently
  • works for ten years paying Social Security taxes and becomes eligible for full Social Security rights.

Divorce does not void the contract.

The sponsor and if applicable the co-sponsor need each complete a Form I-864 and provide proof of income and/or assets and (self)employment.

There is no fee for filing Form I-864 inside the U.S.

A (co-)sponsor must notify USCIS each time he/she moves within 30 days by filing Form I-865 Sponsor’s Notice of Change of Address. Failing to do so can result in a fine. This obligation continues until the (co-)sponsorship ends.

Form I-864EZ

In case the Primary Applicant is the sponsor for just one family member immigrating with him/her AND his/her income alone is sufficient to meet the required U.S. poverty guideline level, Form I-864 EZ can be used.

Go to www.uscis.gov and search Form I-864 Affidavit of Support, for more information.

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