The I-­134(affidavit of support) is not a legally binding affidavit?

[kristen_maroc 126]

Hi,

Can someone please point out somewhere "official" that states that I-340 is not legally binding?

Thanks in advance. I see it all over boards and websites, but nowhere official.

[Deputy Purple 1,294]

It's a moot point really, once someone has entered on a K-1 (with I-134 signed) they will need a real Affidavit of Support (I-864) in order to adjust status and that one is legally binding.

[kristen_maroc 126]

It's not a moot point to me, which is why I am asking. I am looking for something official or trying to figure out where the accepted notion that it is non-binding comes from.

Thanks.

[Penny Lane 8,159]

Simply Google " is I-134 legally binding" ... you will find link after link after link that tells you that no, it isn't. There are too many of them to post here.

Edited March 14, 2011 by Coconuts

[kristen_maroc 126]

What I don't understand is how that is possible. I have googled links, or else I wouldn't post here. What I have googled and have not found is something OFFICIAL that says that, or explains how a document that says that you are signing under the condition of perjury that you understand that you can be sued is not actually going to happen.

I see links over and over again in forums. But not an explanation of how, if someone comes over, a co-sponsor on a I-134 (who is not a co-sponsor on the I-864) won't be responsible legally for them. What I am looking for is proof to show a co-sponsor, not people's posts on a forum.

Sorry for the frustration; I've googled to no avail.

[Penny Lane 8,159]

Because the beneficiary ends up getting married within 90 days and THEN when AOS is filed, a legally binding affidavit of support is signed.

[JimVaPhuong 4,863]

Hi,

Can someone please point out somewhere "official" that states that I-340 is not legally binding?

Thanks in advance. I see it all over boards and websites, but nowhere official.

It's mentioned in the Foreign Affairs Manual, 9 FAM 40.41 N4.6-3:

http://www.state.gov/documents/organization/86988.pdf

Because INA 212(a)(4)(C ) and INA 213A require the use of Form I-864, Affidavit of Support Under Section 213A of the Act, for so many classes of immigrants, the use of Form I-134, Affidavit of Support, has been reduced considerably. Nevertheless, there still are circumstances when Form I-134 will be beneficial.

This affidavit, submitted by the applicant at your request, is not legally binding on the sponsor and should not be accorded the same weight as Form I-864.

Form I-134 should be given consideration as one form of evidence, however, in conjunction with the other forms of evidence mentioned below.

The US government tried to enforce the I-134 numerous times in court and failed. The contract portion of the form was badly written. Congress passed a law in 1996 that required an enforceable affidavit of support for immigration, and added section 213A to the INA. In response, INS produced the I-864. Consulates still use the I-134 for non-immigrant visas.

[kristen_maroc 126]

THANK YOU, THANK YOU, THANK YOU!!!!!!

[payxibka 10,045]

moving to:

US Embassy and Consulate Discussion

This is the place to post your experiences or questions related to this last step before moving to the US. Topics relating to I-134's, packets sent from consulate and medical & police certificates should be posted here.