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Questions and Answers > EB-5 Investments

Under what circumstances is an I-134 necessary for a visitor visa holder?

I got my permanent residency several years ago through the EB-5 program. My mother-in-law wants to apply for a visitor visa and stay with us for a while in the U.S. Do I need to file an I-134 affidavit of support application on her behalf? If so, what supporting documents or evidence do I need to provide along with the application?

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Answers

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Generally, an I-134 Affidavit of Support for especially B2 visitors is not needed. However, some people, particularly the sponsors of the B2 visitors, may include their I-134 in anticipation that it will help convince consular officials to approve the visiting visa. This presumption is erroneous because, some consular officials may actually assume that the B-2 visitor in question does not have enough funds to afford the trip to the U.S. and thus, deny the application. If you choose to include your I-134, make sure you offer the reasons.

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    Ed Beshara

    Immigration Attorney
    Answered on

    Your mother-in-law will have to show binding ties to her home country in order for her to obtain a tourist visa. Her intent is to obtain a multiple-entry tourist visa so she can visit the U.S. for short periods of time.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Usually an invitation letter from you is sufficient, perhaps with a bank statement.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It does not hurt. The best supporting document is your tax return.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    USCIS advises using this Form I-134 to sponsor a non-immigrant visa applicant to show that they will not become a public charge while in the United States. If your mother-in-law's finances are strong, you do not need to file this form.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    Normally, if the visa officer thinks or has a reason to think that the applicant might become a public charge, he may ask the applicant to submit the I-134. You do not need to file I-134 with your visitor visa application.

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    Charles Foster

    Immigration Attorney
    Answered on

    An I-134 affidavit of support is not necessarily required, but may be advisable depending on your mother-in-law's financial means.

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    Jan Pederson

    Immigration Attorney
    Answered on

    I-134s not a good idea. Get her credit cards on your account.