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 that you receive a request for the Support Affidavit I-864.
Respond with the following text.

Dear Madam, Sir,
In reply to your request to submit Form I-864:

According to 9 FAM 302.8 (U) – INA 212(A)(4)

  • Other Aliens Exempt from the Form I-864 Requirement:
    The I-864 is not required for Diversity Immigrants (DV applicants)
  • AND
  • Use of Form I-134, Affidavit of Support:
    If any of the following applicants need an Affidavit of Support to meet the public charge requirement, they must use Form I-134, as they are not authorized to use Form I-864:
    (ii) Diversity visa applicants (DVs)

Sincerely,
(your name, add date)

0