Affidavit of support form i-134 liabilities for the petitioner and how can the visa applicant take full responsibility
Asked on Nov 09th, 2013 on Immigration - Massachusetts
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Hi, I am a 2014 DVLottery US Green card selectee. Unfortunately I don't have anyone close to fill out form I-134 (Affidavit of support) for me but a friend's relative said he would do it for me if there is a way that I can take full responsibility and he won't be liable to consequences if I don't find a job in the US. I have therefore two questions: 1. If I fail to produce Affidavit of Support at the interview for the visa, will the document showing I have $30k in my local bank account suffice? Otherwise, will I be able to send to the embassy the affidavit of support before September 2014? 2. What is the minimum duration of time for him to accept sponsorship if at all there is a possibility to state that considering that form I-134 doesn't address this issue. 3. Is there a way for me, apart from personal reassurance, to legally take responsibility and remove all liabilities from that person? I appreciate any help I would get here from you. Thanks in advance.
To give you a short answer, the I-134 affidavit of support form as opposed to the I-864 used in family-based immigration cases is not binding on the signers. The I-134 is a promise and not a contract to support the intending immigrant when he or she immigrates. If you are thinking about showing assets to convince a consular officer that you will be able to support yourself, $30,000 would probably not suffice. Technically speaking, assets are counted at 1/5 the value of income, and since an immigrant should be able to show ability to live in the States for at least 5 years above the poverty level, a showing of twice the amount would probably be required. In addition, a consular officer is entitled to ask the source of the funds. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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