30.8 Affidavits of Support for Nonimmigrants.

Every nonimmigrant seeking admission or extension or change of status must satisfy the inspector or adjudicator that he or she is capable of maintaining status and will not become a public charge. In situations where the status sought involves employment, the income from the employment itself generally satisfies the support requirement. A separate affidavit of support or other evidence of financial resources is most commonly required for nonimmigrant students and for certain visitors for pleasure (e.g., eld erly and infirm visitors seeking a lengthy stay in the U.S.). An affidavit in such a situation may be filed on Form I-134 or it may be prepared on plain paper and signed. It should be accompanied by documentation, such as bank records, to corroborate the claims made on the affidavit.

Such affidavits, although helpful in judging financial ability, are not legally binding. Form I-134 may only be used for nonimmigrant cases. The affidavit of support used for immigrants is Form I-864, discussed separately in Chapter 20.

Relatives and sponsors of visa applicants abroad who inquire at a USCIS office concerning the submission of affidavits of support in behalf of such applicants shall not be referred to anyone outside the USCIS ; instead, Forms I-134 shall be furnished them. They shall be advised, however, that the Forms I-134 are furnished solely as a guide as to items generally required in affidavits of support (see notes to 22 CFR 41.91(a)(15) and 42.91(a)(15) in Volume 9--Visas, Foreign Affairs Manual). Forms I-134 are to be made available only for use in individual cases and are not to be distributed outside the USCIS .