Does a B1/B2 Visa Extension Require Form I-134 or I-864 Affidavit of Support?
The article notes that an Affidavit of Support is generally used in immigration petitions; Form I-864 does not apply to B1/B2 visa extensions, while Form I-134 is mainly used for nonimmigrant visas such as K-1/K-3. Citing the Murthy Law Firm's view, it advises against submitting Form I-134 unless explicitly requested. The author also records his own experience applying for an extension for his parents-in-law: he did not complete Form I-134, attached his own bank statements instead, and the extension was approved without difficulty.
"Affidavit of Support" refers to financial sponsorship, and it is generally not required for B1/B2 visa extensions.
According to USCIS, an Affidavit of Support is typically used for immigration petitions:
USCIS explains that an affidavit of support is a document an individual signs to accept financial responsibility for another person, usually a relative, who is coming to the United States to live permanently. The person who signs the affidavit of support becomes the sponsor of the relative (or other individual) coming to live in the United States. The sponsor is usually the petitioner of an immigrant petition for a family member.
USCIS has two forms both called "Affidavit of Support":
- I-864: This is for immigrant visas (see the filing instructions for details) and does not apply to B1/B2 visa extensions.
- I-134: This is a form that confuses many people. It is used for nonimmigrant visas that require financial sponsorship, most commonly for the fiancé(e) or spouse of a U.S. citizen who can apply for a K-1/K-3 nonimmigrant visa and has the intention to permanently settle in the United States (dual intent). If the applicant lacks sufficient financial means and might become a public charge or a burden on the U.S. government and people, the U.S. citizen may need to provide financial sponsorship.
For B1/B2 visas and extensions of such visas, Form I-134 is generally not required. Maryland-based Murthy Law Firm published an article titled "Form I-134 Affidavit of Support for B-1/B-2 Visitor Visas," in which it expressed this view:
The article notes that, in reality, one ordinarily cannot actually be sponsored for a standard B-1/B-2 visa; however, a person in the U.S. can provide financial sponsorship by submitting a signed Form I-134 affidavit of support. For many applicants, however, submitting this form could do more harm than good. The article also advises avoiding submission of Form I-134 unless specifically requested.
The author records that when applying for an extension for his parents-in-law, they did not provide any financial evidence (because their documents were all in China). In the application letter, the author clearly stated that he would cover their expenses (see here) and attached his bank statements, without filing Form I-134, and the application was approved smoothly. For a tutorial on B1/B2 visa extensions, see here.
