Form I-134 and Form I-864 are both affidavits of support used in immigration cases, but they serve different purposes at different stages. Form I-134 is used for K-1 fiance visas and certain nonimmigrant petitions. Form I-864 is used for green card applications and creates a legally enforceable financial obligation. Which one you need depends on where you are in the process.
Why There Are Two Forms
Immigration law requires financial sponsors to demonstrate they can support the person they are bringing to the United States. But the standard of proof is different depending on whether the person is coming temporarily (as a fiance) or permanently (as a green card holder).
Form I-134 covers the temporary stage. Form I-864 covers the permanent stage. Most couples who go through the K-1 process will file both, one at the beginning and one later when they adjust status.
Form I-134: the K-1 and Nonimmigrant Affidavit
When You File It
Form I-134 is filed with the consular officer as part of the K-1 visa interview packet. It tells the officer that the US citizen petitioner has the financial ability to support the fiance during their temporary stay in the United States.
What It Requires
There is no specific income threshold published for the I-134 the way there is for the I-864. In practice, consular officers look for evidence that the sponsor has sufficient income and assets to prevent the fiance from becoming a public charge during the nonimmigrant stay.
You submit it with supporting documents: a recent tax return, pay stubs, a bank statement, and an employment letter. The I-134 does not create a legally enforceable contract. It is a statement, not a binding commitment. See the K-1 visa requirements overview for the full interview packet.
Form I-864: the Green Card Affidavit
When You File It
Form I-864 is filed when the immigrant applies for a green card, either through adjustment of status (Form I-485) or through consular processing for a spousal visa (CR-1 or IR-1). It is required for virtually all family-based green card applications.
The Income Threshold
The sponsor must demonstrate annual income of at least 125% of the federal poverty guidelines for their household size. For a household of two (sponsor plus one immigrant), that threshold is approximately $25,550 per year in 2026.
Military sponsors on active duty only need to meet 100% of the poverty guidelines. See income requirements for sponsoring a spouse for the full breakdown.
The Legal Obligation
This is the critical difference. The I-864 creates a legally enforceable contract. Once signed, the sponsor is financially responsible for the immigrant until the immigrant becomes a US citizen, earns 40 qualifying quarters of work, permanently leaves the United States, or dies.
Divorce does not end the obligation. If the sponsor and the immigrant divorce, the sponsor remains financially responsible under the I-864 until one of those other conditions is met.
Side by Side Comparison
Form I-134 is used for K-1 visas and certain nonimmigrant petitions. It has no specific income threshold. It is not legally enforceable. It does not include a credit check authorization. It is filed with the consulate.
Form I-864 is used for green card applications. It requires 125% of the poverty guidelines (100% for active duty military). It is a legally enforceable contract. The new edition (08/24/26) includes a credit report authorization. It is filed with USCIS (adjustment) or the consulate (consular processing).
The 2026 Credit Check on the I-864
As of August 31, 2026, the new Form I-864 includes a privacy release authorizing USCIS to pull the sponsor’s credit report. There is no published minimum credit score, and bad credit does not automatically disqualify you, but your credit history is now part of the evaluation.
This change applies only to the I-864, not the I-134. The I-134 does not include a credit authorization. See the new I-864 credit check authorization for practical guidance on what to do before filing.
What If the Sponsor Does Not Meet the Income Requirement
Using a Joint Sponsor
If the primary sponsor’s income falls below the threshold, a joint sponsor can co-sign. The joint sponsor must be a US citizen or lawful permanent resident, must meet the income threshold independently, and must be willing to accept the same legally enforceable obligation.
Under the new form, the joint sponsor also authorizes the credit check. Make sure they know this before they agree.
Using Assets Instead of Income
If income is below the threshold, assets (savings accounts, property, investments) can make up the difference. The general rule is that the assets must equal at least three times the difference between the sponsor’s income and the poverty guideline threshold. For a sponsor with no income, that can mean significant documented assets.
Common Mistakes on Both Forms
Filing the wrong form at the wrong stage. Submitting an I-134 when an I-864 is required results in rejection. Omitting supporting documents. Both forms need tax returns, pay stubs, and bank statements. Using an outdated edition. The I-864 changed editions on August 31, 2026, with no grace period. Filing the old version results in rejection. Failing to include the household size correctly. The household size on the I-864 includes the sponsor, all dependents, and the immigrant being sponsored. Miscounting changes the income threshold.
Frequently Asked Questions
Do I need both the I-134 and the I-864?
If you are going through the K-1 process, yes. The I-134 is for the consular interview. The I-864 is for the adjustment of status application after marriage. They apply at different stages.
Can a green card holder sponsor someone on the I-864?
Yes, a lawful permanent resident can sponsor certain family members. However, a green card holder cannot file a K-1 petition. Only US citizens can petition for a fiance.
What income counts toward the I-864 threshold?
Wages, salary, self-employment income, retirement income, Social Security, alimony received, and other regular income. The most recent tax year is the primary reference, supported by current pay stubs.
Is the I-864 obligation really enforceable?
Yes. Courts have consistently upheld the I-864 as a binding contract. Sponsored immigrants can and do sue sponsors for support. This obligation survives divorce.
Does the I-134 have a credit check too?
No. The credit report authorization was added only to the I-864 (edition 08/24/26). The I-134 does not include any credit check provision.
Get Your Affidavit Reviewed Before Filing
The I-864 is the form most likely to cause problems if filled out incorrectly. The income calculation, the household size, and now the credit check authorization all create places where a mistake can delay or derail the case.
If you are not sure whether you meet the income requirement or whether your credit profile raises questions, book a free consultation about your finances and bring your most recent tax return and a copy of your credit report.