Sm1smom

Some embassies do require it, while for some, it depends on how a DV selectee is perceived. Per 9 FAM 302.8, DV selectees may be required to submit an I-134: (U) Use of Form I-134, Affidavit of Support: (a) (U) Because INA 212(a)(4)(C) and INA 213A require the use of Form I-864 for so many classes of immigrants, the use of Form I-134 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 considered one form of evidence in conjunction with the other forms of evidence mentioned below. (b) (U) 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: (i) (U) Returning residents (SBs); (ii) (U) Diversity visa applicants (DVs); and (iii) (U) Fiancé(e)s (K-1s or K-3s).

I’m not aware of the DOS stating anywhere that form I-134 is not really a requirement considering there’s an expectation for selectees to be able to demonstrate they’re unlikely to become a public charge in the US. An I-134 is one of the documents that can be used to demonstrate self sufficiency, so embassies (such as yours) therefore proactively require it. My understanding is even if your cousin has not listed their spouse as a dependent on their IRS tax filings, there’s no problem with not listing them on the I-134 in that case.

He probably made the recommendation about remaining in status until the AOS application gets adjudicated in the off chance the application gets denied for some other reason (outside of being out of status), being in status ensures the applicant is able to legally remain in the US following the AOS denial and probably re-file (if they’re able to address the basis of the denial). As long as OP’s spouse filed for AOS before I-94 expiration, the application will not be denied for being out of status at the time the application gets adjudicated.