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BEGINNING DECEMBER 19, 1997, U.S. IMMIGRATION
LAW REQUIRES ALL APPLICATIONS FOR IMMIGRANT VISAS IN THE CATEGORIES
LISTED BELOW TO BE ACCOMPANIED BY A CONTRACTUALLY BINDING AFFIDAVIT
OF SUPPORT (FORM I-864) WHICH HAS BEEN SIGNED BY THE PETITIONER.
MOST APPLICANTS IN THE CATEGORIES IDENTIFIED BELOW MUST SUBMIT
A PROPERLY NOTARIZED I-864 TO QUALIFY FOR A VISA.
Beginning December 14, 1998, the National Visa
Center will send the I-864 directly to the petitioner for completion.
Additional information and copies of the I-864 may be obtained
through the Bureau of Consular Affairs Autofax Service (telephone
no. 202-647-3000), the Bureau of Consular Affairs Web site:
http://travel.state.gov/visa_services.html or through
the Immigration and Naturalization Service.
PURPOSE OF THE FORM: To assist consular
officers in determining whether an immigrant visa applicant
will have adequate means of financial support in the United
States and will not become a public charge. By executing this
form, the petitioner agrees to reimburse any government agency
or private entity that provides the sponsored alien with any
means-tested public benefits.
WHO NEEDS AN AFFIDAVIT OF SUPPORT UNDER INA
SECTION 213A?
* All family-based immigrants, including adoptees
(self-petitioning widow/ers and battered spouses and children
are exempt from this requirement); and
* Those employment-based immigrants who are petitioned
by a relative or by a business in which a relative has significant
ownership interest.
WHO COMPLETES AN AFFIDAVIT OF SUPPORT UNDER
SECTION INA 213A? The person completing the affidavit is
the sponsor.
* For family-based immigrants, the petitioner
must be the sponsor.
* For employment-based immigrants, the petitioning
relative or relative with a five percent or greater ownership
interest in the petitioning entity must be the sponsor.
* Under certain circumstances, a joint sponsor/s
may also submit a Form I-864.
* An original signed and notarized I-864 and
I-864A (if needed) and one complete set of supporting documents
must be submitted for the principal applicant. Each accompanying
dependent must submit a photocopy of the principal applicant's
signed and notarized I-864 and I-864A (if needed.) Photocopies
may only be submitted for dependents whose names appear on the
principal applicant's original forms. Copies of supporting documents
are not required for dependents applying for immigrant visas
together with the principal applicant.
VALIDITY OF THE I-864 AND I-864A In general,
the I-864 and I-864A must be submitted to a consular officer
within six months of the date they are signed and notarized,
or new forms will be required. A form submitted within the required
timeframe will have an unlimited validity and will not expire.
However, a consular officer may require supporting documents
that are over 12 months old to be updated.
I-864A PRINTING ERROR Part I of the I-864A
may contain a printing error in the "Relationship to Sponsor"
box. Please note that Household Members should complete Part
3 and Sponsored Immigrants/Household Members should complete
Part 4.
Detailed information regarding the sponsor's
obligations under the new provisions and instructions
for completing the new affidavit of support are provided with
the new Form I-864.
January 1998
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