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I-134 Legal Responsibility

E

eddiemurphy

New Member
I am a little confused about the responsibility difference between I-864 and I-134, I know in DV lottery cases only I-134 is required and not I-864.

My brother who is married (with three kids) won the DV lottery. Now he wants me to sign form I-134 to assist them in gaining the green card. I need to understand my legal responsibility towards them if I sign the document.

Most likely they wont need my assistance, but I need to understand what will happen in the following cases:

- If they have a hardship and they needed to apply for public assistance in the future. Will I be liable?
- Some families with low public income get partial health insurance assistance, can they get denied because of my sponsorship?
- If (God forbids) one of them gets into an accident, and gets crazy bills, will I be liable for the bills?
- How long is this obligation is valid? Is it until they become US citizens?

I would REALLY appreciate the knowledgeable responses!

Cheers,

~E
 
newacct said:
As far as I know, the I-134 is not legally binding.
Click to expand...

I read that in other forum, but can you please explain more on that? How come it is not legally binding? Why the form then?

It just doesn't make sense to me that USCIS is asking for that if it is not LEGALLY binding?!!

~E
 
Newacct is correct the form is not legally binding. That is the REASON there are two forms - the I-864 is the legally binding version and has serious consequences.

For the I-134 your only liability is if you lie on the form. It is a legal document (i.e. you can be prosecuted for giving false information) but you don't have the ongoing financial obligation that applies with the I-864.

So - to answer your questions...

- If they have a hardship and they needed to apply for public assistance in the future. Will I be liable?
No - only through your moral obligation to your brother!

- Some families with low public income get partial health insurance assistance, can they get denied because of my sponsorship?
No.

- If (God forbids) one of them gets into an accident, and gets crazy bills, will I be liable for the bills?
No.

- How long is this obligation is valid? Is it until they become US citizens?
What obligation? :)

OK - I can tell you are about to ask my source - so let me head that off at the pass.

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

Lots of interesting reading about the two forms, but what you will want to read is this clip from page 15.

"b. 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, 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."

Now, be a nice brother and sign the darn form. :rolleyes: Get him the original, plus copies of your ID and some tax proof (W2/1040).
 
Britsimon said:
Newacct is correct the form is not legally binding. That is the REASON there are two forms - the I-864 is the legally binding version and has serious consequences.

For the I-134 your only liability is if you lie on the form. It is a legal document (i.e. you can be prosecuted for giving false information) but you don't have the ongoing financial obligation that applies with the I-864.

So - to answer your questions...

- If they have a hardship and they needed to apply for public assistance in the future. Will I be liable?
No - only through your moral obligation to your brother!

- Some families with low public income get partial health insurance assistance, can they get denied because of my sponsorship?
No.

- If (God forbids) one of them gets into an accident, and gets crazy bills, will I be liable for the bills?
No.

- How long is this obligation is valid? Is it until they become US citizens?
What obligation? :)

OK - I can tell you are about to ask my source - so let me head that off at the pass.

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

Lots of interesting reading about the two forms, but what you will want to read is this clip from page 15.

"b. 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, 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."

Now, be a nice brother and sign the darn form. :rolleyes: Get him the original, plus copies of your ID and some tax proof (W2/1040).
Click to expand...


You are the best man!

FYI, I was going to give it to my brother either way, and I will definitely help them if they were in need, but it makes me more comfortable to understand my legal obligations.
 
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