Sponsors for temporary nonimmigrant visas such as K-1 fiance or K-3 spousal visas generally must complete an I-134 affidavit of support. If a sponsor executes an I-134, but not an I-864, is the affidavit enforceable by the sponsored beneficiary?

I-134 affidavits have generally been held to be unenforceable. Courts have determined that the language of the I-134 does not constitute a legal contract. Instead, it is an unenforceable moral obligation.

This is in stark contrast to the I-864. Courts throughout the country that have addressed the I-864 have found it to be a contract that is legally enforceable by the sponsored immigrant.