DOS Cable on Affidavit Checklist
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS
SPECIAL EMBASSY PROGRAM
AMEMBASSY JAKARTA
AMCONSUL SURABAYA
BUJUMBURA POUCH
ASMARA POUCH
INFO NVC PORTSMOUTH 0000
UNCLAS STATE 115054
VISAS INFORM CONSULS
E.O. 12958: N/A
TAGS: CVIS, CMGT
Subject: I-864 Affidavit Of Support - Update 15: Revised Checklist
Ref: (A) State 92491, (B) State 47358
1. Reftel B provided the text of a checklist to assist sponsors in preparing and assembling the I-864 for submission to a consular officer. Reftel A reported a change in documentary requirements, allowing accompanying family members to submit exact photocopies of forms I-864 and I-864A. The following is a revision of the checklist to reflect that change in requirements (see Section IV of the checklist). All checklists distributed by post should be updated accordingly.
2. Begin text:
Important notice for sponsors. Read this before submitting form I-864. Please use this check list to assemble form I-864 affidavit of support documents. Due to heavy workload considerations, the visa section will not accept affidavits of support that are incomplete or have not been assembled correctly.
(Note: This form is for your personal reference. You do not need to return it with the completed I-864.)
Who needs an I-864? Applicants for family-based immigrant visas, including orphans. (Self-petitioning widow/ers and battered spouses and children of U.S. citizens are exempt from this requirement.)
Applicants for employment-based immigrant visas where a relative filed the immigrant visa petition or has a 5 percent or greater ownership interest in the business that filed the petition.
Checklist for preparing the I-864 documents should be submitted in the following order:
I. Petitioner's Documents:
Form I-864. The petitioner in family-based cases, or the relative who either filed the petition or has ownership interest in the petitioning company in employment-based cases must complete an I-864 even if a joint sponsor submits an affidavit of support.
All pages incorrect order, 1, 2, 3, 4, 5, 6, and stapled together.
Each page filled out completely.
Part 7 signed by the petitioner (for employment-based cases, the relative) and notarized.
Complete federal tax returns with all supporting schedules for the 3 most recent tax years. Each year's return must have all pages in the correct order and must be stapled together.
If you did not have to file a tax return:
Attach a written explanation and a copy of the instructions from the internal revenue service publication that shows you were not obligated to file. (Pages 7 and 8 of the 1997 1040 instructions provide information on most income tax obligations.)
If assets are needed to meet the minimum income requirement:
Evidence of assets with a cash value that equals at least five times the difference between your total household income and the poverty guideline for your household size.
- Example for a household size of 4:
Poverty Guideline $20,062
Sponsor's Income $18,000
Difference $2,062
Multiply By 5 X 5
- Minimum required cash value of assets $10,310
Evidence of ownership, location and the value of each asset.
Evidence of liens, mortgages and liabilities for each asset (if any).
Evidence of current employment or self-employment, such as a recent pay statement or a statement from your employer on business stationery, showing beginning date of employment, type of work performed and salary or wages paid.
II. Joint sponsor's documents (if required):
Form I-864 completed by a joint sponsor if the petitioner's income does not meet the 125% income requirement. Note: The petitioner must also submit an I-864.
All pages in correct order, 1, 2, 3, 4, 5, 6, and stapled together.
Each page filled out completely.
Part V signed by the joint sponsor and notarized.
Complete federal tax returns with all supporting schedules for the 3 most recent tax years. Each year's return must have all pages in the correct order and must be stapled together.
If you did not have to file a tax return:
Attach a written explanation and a copy of the instructions from the internal revenue service publication that shows you were not obligated to file. Pages 7 and 8 of the 1997 1040 instructions provide information on most income tax obligations.)
If assets are needed to meet the minimum income requirement:
Evidence of assets with a cash value that equals at least five times the difference between your total household income and the poverty guideline for your household size.
- Example for a household size of 4:
Poverty Guideline $20,062
Sponsor's Income $18,000
Difference $2,062
Multiply by 5 X 5
- minimum required cash value of assets $10,310
Evidence of ownership, location and the value of each asset.
Evidence of liens, mortgages and liabilities for each asset (if any).
Evidence of current employment or self-employment, such as a recent pay statement or a statement from your employer on business stationery, showing beginning date of employment, type of work performed and salary or wages paid.
Proof of U.S. citizenship or lawful permanent resident status.
III. Household members whose income and assets are to be considered:
A separate form I-864A for each household member whose income and assets are to be considered.
Each page filled out completely and stapled together.
All tax, employment and asset documents must be assembled in the same manner as the sponsor's (see above) and attached to the correct I-864A.
Proof of U.S. citizenship or lawful permanent resident status
Part 2 and part 5 completed by sponsor and notarized.
Part 3 or part 4 and part 6 completed by the household member and notarized.
IV. Documents for the principal immigrant and accompanying dependents:
Principal applicant: original signed and notarized I-864 and I-864A (if needed) and one complete set of supporting documents (tax records, employment letters, etc.) are needed for each principal immigrant. All accompanying dependents must be listed in part 3 of the I-864 and part 2 of the I-864A.
Accompanying dependents: Each dependent must have either a signed and notarized original or a photocopy of the principal applicant's signed and notarized I-864 and I-864A (if needed). Copies may only be used for dependents whose names appear on the principal's original forms. Copies of supporting documents are not required for dependents applying for visas or adjustment of status together with the principal immigrant.
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3. Minimize considered.
Strobe Talbott