You have agreed to sponsor someone, whether a fiancé, a family member, a student, or a visitor, and the process is moving forward. Then you encounter a requirement you were not fully prepared for: you need to submit a financial support form. A quick search returns two results, Form I-134 and Form I-864, and now you are wondering which one applies to your situation.
The confusion is understandable. Both forms involve a sponsor committing to support someone financially while they are in the United States. But the similarities largely end there. These two forms serve different purposes, apply to different visa categories, carry very different legal weight, and require different documentation. Submitting the wrong one, or submitting it incorrectly, can cause delays, rejections, or problems down the line that are far more complicated than the paperwork itself.
This guide explains what each form is, when it is required, how they compare side by side, and exactly which one applies to your situation based on the visa type involved.
Preparing a financial support form for the first time? At YT Multiservices, we help sponsors across Florida and the United States organize their documents, fill their I-134 or I-864 correctly, and make sure everything is complete before submission. We are not a law firm and do not offer legal advice, but document preparation is exactly what we do. Reach out today and let’s get your paperwork in order.
Key Takeaways
- Form I-134 is used for nonimmigrant visas (tourist, student, fiancé at the consular stage) and certain humanitarian programs. It is generally not legally enforceable in the same way as the I-864.
- Form I-864 is used for most family-based and some employment-based immigrant visa cases (green cards). It is a legally binding contract with the U.S. government.
- The visa type determines which form you need, not the relationship between sponsor and applicant.
- Both forms have income requirements based on the federal poverty guidelines, but the thresholds and enforcement mechanisms differ significantly.
- In some visa processes (like the K-1 fiancé visa), you may need the I-134 at one stage and the I-864 at a later stage.
- Always confirm current form requirements directly on the USCIS website, as guidelines change.
What Is Form I-134 (Declaration of Financial Support)?
Form I-134, officially titled the Declaration of Financial Support, is a document through which a U.S. citizen, national, or lawful permanent resident agrees to provide financial support to a foreign national visiting or temporarily residing in the United States. The sponsor, referred to as the “supporter,” is declaring that the person being sponsored will not become a financial burden on the U.S. government or on public assistance programs during their stay.
The I-134 is a shorter and less complex form than the I-864. It typically asks for basic information about the supporter’s identity, immigration or citizenship status, income, employment, and financial resources. The level of documentation required varies depending on the agency or program requesting it.
When Is the I-134 Used?
The I-134 is used in a variety of contexts, and the specific requirements can differ depending on which agency or program is involved. Common situations where the I-134 is requested include:
- B-1/B-2 visitor visas: A U.S.-based sponsor may be asked to submit an I-134 to help demonstrate that a foreign national visiting the country has financial support and is not likely to overstay or rely on public assistance.
- F-1 and other student visas: Sponsors of international students may be asked to complete the I-134 to show that the student’s educational and living expenses will be covered.
- K-1 fiancé visa (consular stage): At the National Visa Center and consular stages of the K-1 process, some officers request an I-134 as evidence of financial support before the couple marries and before the I-864 becomes required.
- Humanitarian parole programs: Certain humanitarian parole programs, including some established in recent years for specific nationalities, require supporters to complete the I-134 or its updated online version, Form I-134A.
- Diversity Visa Lottery winners: Some consular posts may request an I-134 for Diversity Visa applicants at the interview stage.
It is important to note that the I-134 is not a universal requirement across all these categories. Whether it is requested and what documentation must accompany it depends on the specific program, the consular post, and the instructions provided for the particular case.
Is the I-134 Legally Binding?
This is one of the most important distinctions between the I-134 and the I-864. Generally speaking, form I-134 is not legally enforceable in the same way as the Affidavit of Support. The U.S. government does not have a formal contractual mechanism to sue a sponsor who signed an I-134 for failing to financially support the person they sponsored.
That said, “not legally binding” does not mean without consequences. If a person sponsored through an I-134 receives means-tested public benefits, the government may take the sponsor’s declaration of support into account in determining eligibility, and in some cases may pursue action against the sponsor. For humanitarian parole programs specifically, some versions of the I-134 and I-134A have been treated with greater enforceability.
The key point: the I-134 represents a moral and administrative commitment, but its legal enforceability is significantly weaker than the I-864. Sponsors should still approach it seriously and provide accurate information.
What Is Form I-864 (Affidavit of Support)?
Form I-864, Affidavit of Support Under Section 213A of the INA, is a legally binding contract between the sponsor and the U.S. government. As discussed in detail in our complete I-864 guide, when a sponsor signs this form, they are making a formal, enforceable commitment to financially support the sponsored immigrant so that person does not become a “public charge.”
The I-864 is significantly more detailed than the I-134. It requires documentation of income across multiple years, proof of employment or other income sources, and in many cases requires a joint sponsor or household member contributions if the primary sponsor’s income falls short of the required threshold.
When Is the I-864 Required?
The I-864 is required for most family-based immigrant visa petitions and for certain employment-based green card categories. Specifically, it is required when:
- A U.S. citizen or lawful permanent resident files Form I-130 (Petition for Alien Relative) and the immigrant is applying for a green card, either through adjustment of status (Form I-485) inside the U.S. or through consular processing abroad.
- A K-1 fiancé visa holder marries the petitioner and subsequently applies for a green card through Form I-485.
- Certain employment-based green card applicants whose petition was filed by an employer who is also a relative.
In the adjustment of status process, the I-864 is submitted by the immigrant alongside their I-485. In consular processing, it is submitted to the National Visa Center as part of the financial documentation package.
Is the I-864 Legally Binding?
Yes, completely. The I-864 is one of the most legally binding documents in the immigration process. By signing it, the sponsor agrees to maintain the sponsored immigrant at an income level at or above 125% of the federal poverty guidelines, and to reimburse the government or any agency that provides means-tested public benefits to the sponsored immigrant.
The obligation is enforceable in federal and state courts. Agencies that provide public benefits have the right to sue sponsors who fail to provide reimbursement. In some cases, sponsored immigrants themselves have successfully sued former sponsors, including ex-spouses, to enforce the support obligation. And as covered in detail in our I-864 guide, divorce does not end the obligation.
The I-864 remains in effect until the sponsored immigrant becomes a U.S. citizen, completes approximately 10 years of qualifying work under the Social Security Act, permanently leaves the United States, or passes away.
Key Differences Between Form I-134 and Form I-864
Side-by-Side Comparison Table
| Feature | Form I-134 | Form I-864 |
| Full name | Declaration of Financial Support | Affidavit of Support Under Section 213A |
| Used for | Nonimmigrant visas, humanitarian programs, some K-1 stages | Family-based and some employment-based green cards |
| Legally binding? | Generally no | Yes, fully enforceable contract |
| Who can be the sponsor? | U.S. citizen, national, or LPR | U.S. citizen or LPR, must be domiciled in the U.S. |
| Income requirement | Varies by program; generally 100% FPG | Generally 125% of federal poverty guidelines |
| Duration of obligation | Duration of the visit or program | Until naturalization, 40 work quarters, or departure |
| Enforceable by courts? | Limited | Yes, by government agencies and the immigrant |
| Joint sponsor allowed? | Varies by program | Yes, via a separate I-864 |
| Household member income? | Varies by program | Yes, via Form I-864A |
| Notarization required? | Varies by program | Required in many submission scenarios |
| Consequence if immigrant uses benefits | Variable, depends on program | Sponsor may be sued for reimbursement |
| Connection to green card | Not directly | Required for most family-based green cards |
Does the I-134 Need to Be Notarized?
Whether the I-134 requires notarization depends on which agency or program is requesting it and what specific instructions they have provided. There is no universal notarization rule for the I-134 across all its uses.
For some consular posts and visa categories, notarization of the I-134 is explicitly required. For others, the signed declaration is sufficient without a notary. For humanitarian parole programs using the I-134A (the online version), the process is handled digitally through the USCIS online portal and does not involve traditional notarization.
The instruction to have an I-134 notarized will typically come from the consulate, the agency, or the program instructions for the specific case. Always follow the specific instructions provided for your situation. A notary public verifies your identity and witnesses your signature, but does not review the content or advise you on the legal implications of what you are signing.
Does the I-864 Need to Be Notarized?
For adjustment of status cases where the I-864 is submitted directly to USCIS with the I-485, the form does not technically require a notary, as it is signed under penalty of perjury. However, for certain other submission scenarios, including some cases filed through the National Visa Center or specific consular posts, notarization may be required or strongly recommended.
The I-864 instructions provide guidance on signature requirements for each submission context. When notarization is required, the sponsor must appear before a notary public, present valid identification, and sign the form in the notary’s presence. The notary’s role is strictly to verify identity and witness the signature, not to review or advise on the legal obligations in the document.
If you are unsure whether your I-864 requires notarization, check the specific instructions for your filing scenario. A professional document services provider can also help you understand the signature and notarization requirements for your particular case.
Which Form Do You Need? Decision Guide by Visa Type
K-1 Fiancé Visa Applicants
The K-1 fiancé visa process involves both forms at different stages, which is the source of much confusion.
At the National Visa Center and consular stages, before the marriage takes place, some posts request Form I-134 as evidence of the petitioner’s financial ability to support the fiancé during their stay. This is the nonimmigrant stage of the visa.
After the fiancé arrives in the U.S. and the couple marries, the next step is for the foreign spouse to apply for a green card through Form I-485 (adjustment of status). At that point, Form I-864 is required as part of the adjustment of status package. The I-134 submitted earlier does not satisfy this requirement.
In short: K-1 applicants may need I-134 at the consular stage and I-864 after marriage when applying for the green card.
B-1/B-2 Tourist Visa Sponsors
When a U.S.-based person is helping support a foreign national’s application for a B-1 business visa or B-2 tourist visa, they may be asked to provide Form I-134. This is not a universal requirement, but consular officers can request it as additional evidence that the visitor has sufficient financial support and is not likely to overstay or become a burden.
The I-134 for a tourist visa sponsor is the appropriate form. The I-864 is not used for tourist visa applications, as tourist visas are nonimmigrant classifications and do not lead to a green card.
F-1 Student Visa Sponsors
For international students applying for an F-1 student visa, sponsors providing financial support may be asked to submit Form I-134 or a financial affidavit as part of the consular application. Requirements vary by consular post and are often specified in the visa application instructions.
Form I-864 is not the appropriate form for F-1 student visa sponsors, as the F-1 is a nonimmigrant visa category.
Family-Based Green Card Applicants (I-130 + I-485)
For family-based green card cases, Form I-864 is mandatory. This is the clearest and most straightforward scenario: whenever a U.S. citizen or lawful permanent resident petitions for a family member to receive a green card and that family member is adjusting status or going through consular processing, the petitioner must file Form I-864.
Form I-134 is not a substitute for Form I-864 in this context. Submitting an I-134 when an I-864 is required will result in an incomplete package and will delay the case.
I-134 and I-864 Income Requirements Compared
Both forms require the sponsor to demonstrate a certain level of income to show they can financially support the person they are sponsoring. However, the thresholds and mechanisms differ.
Form I-864 income requirement: The sponsor must show household income at or above 125% of the federal poverty guidelines for their household size. The specific amounts are published annually in Form I-864P. Active-duty military sponsoring a spouse or child qualify at the 100% threshold. The household size calculation for the I-864 includes the sponsor, their dependents, any previously sponsored immigrants still under obligation, and the immigrant being sponsored.
Form I-134 income requirement: The I-134 does not have a single, uniform income threshold across all its uses. Requirements vary depending on the program or consular post. In many cases, the 100% or 125% federal poverty guideline is also used as a reference point, but the specific documentation required and the consequences of falling short are different from the I-864.
A key practical difference: if an I-864 sponsor does not meet the income threshold, there are established mechanisms to address this, including a joint sponsor or household member contributions via Form I-864A. The I-134 does not have the same formalized structure for supplementing insufficient income.
| Aspect | I-134 | I-864 |
| Standard threshold | Varies by program, often 100% FPG | 125% FPG (100% for active military) |
| Published guidelines | Program-specific | Annually in Form I-864P |
| Household size definition | Varies | Formally defined by USCIS |
| Income supplement options | Limited | Joint sponsor, I-864A |
| Consequence of insufficient income | Variable | Case may be denied or RFE issued |
Common Mistakes When Choosing Between I-134 and I-864
The most common errors in this area arise from treating the two forms as interchangeable. Here are the mistakes that cause the most problems:
- Submitting an I-134 when an I-864 is required: For family-based green card cases, only the I-864 satisfies the affidavit of support requirement. An I-134 submitted in its place will result in an incomplete package.
- Assuming the K-1 process only requires the I-864: As explained above, many K-1 cases involve the I-134 at the consular stage and the I-864 later, when applying for the green card. Skipping the I-134 at the consular stage can create problems, and assuming the I-134 covers the green card stage is equally problematic.
- Not verifying which form a specific consular post requires: Requirements can vary by country, post, and program. Always check the instructions for the specific case.
- Underestimating the I-864 as just another form: The I-864 is a legally enforceable contract. Signing it without understanding the long-term financial obligation it creates, including the fact that divorce does not end it, can lead to serious consequences.
- Leaving the I-134 unsigned or unnnotarized when required: If a consular post requires the I-134 to be notarized, submitting it without a notarized signature will render it invalid for that submission.
- Using outdated versions of either form: USCIS updates form editions periodically. Always download the most current version from the official USCIS website before completing either form.
Getting the right form with the right documents the first time matters. Whether you are preparing an I-134 for a family member’s visit or an I-864 for a green card case, the document preparation process has real consequences. If you want to make sure everything is correctly organized, complete, and consistent before anything is submitted, the team at YT Multiservices is ready to help. We prepare immigration forms, organize supporting documentation, and assist with notarizations, all without offering legal advice. Contact us and let’s get your paperwork right.
Frequently Asked Questions
Can the same person serve as sponsor on both an I-134 and an I-864? Yes. The same person can be a supporter on an I-134 for a nonimmigrant visit and later become the petitioning sponsor on an I-864 for a green card case involving the same individual. This commonly happens in K-1 cases and in cases where a tourist later becomes eligible for a green card through marriage.
Do both forms require tax returns? The I-864 requires the most recent federal tax return and in many cases the prior two years as well. The I-134 may also request tax returns, but the specific documentation requirements vary by program and consular post.
What if I don’t have enough income for the I-864? Options include a joint sponsor who files their own I-864, or using household member income through Form I-864A. These options are not available in the same standardized way for the I-134.
Is the I-134A the same as the I-134? Form I-134A is an updated online version of the I-134 created specifically for certain humanitarian parole programs. It is completed and submitted digitally through the USCIS online portal. Traditional paper Form I-134 is still used for other visa categories and consular submissions.
Can I use the I-864 for a tourist visa application? No. The I-864 is for immigrant visa cases (green cards). Tourist visas are nonimmigrant classifications and use the I-134 when a financial support form is needed.
