DOS Cable on Affidavit of Support
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS
SPECIAL EMBASSY PROGRAM
AMEMBASSY BUJUMBURA
AMCONSUL GUANGZHOU
AMCONSUL SARAJEVO
AMEMBASSY TIRANA
INFO NVC PORTSMOUTH 0000
Unclas State 063559
E.O. 12958: N/A
Tags: CVIS
Subject: P.L. 104-208 Update No. 21 – Affidavit of Support - Revised Public Notice
Ref: A) State 7103, B) State 43056
1. Form I-864 and related regulations are still pending at OMB. Posts are reminded that the provisions of the new legislation regarding affidavit of support requirements have not/not entered into effect and posts should process immigrant visa cases under previously existing guidelines until further notice. The effective date will be annotated at the time of publication of the form and regulations in the Federal register. VO will advise posts of that date as soon as it becomes available.
2. The following text replaces the public notice in Reftel
A. The revised text removes all references to dates which have already passed.
Begin Text: Important Notice
This notice supersedes instructions No. 7 in Form OF-169 and information contained in OF-167.
Recent changes in U.S. immigration law will soon require most applications for immigrant visas to be accompanied by a contractually binding affidavit of support (Form I-864) which has been signed by the petitioner. The date the new Form I-864 becomes effective has not yet been determined. That date will be announced when the form is published in the Federal Register. The current affidavit of support (Form I-134) will not be accepted after the effective date.
Please read the following information carefully.
Purpose of the Form: Form I-964 is required to assist consular officers in determining whether an intending immigrant has adequate means of financial support 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.
The new form I-864 will become available to petitioners in the United States within the next 1-2 months. After publication of the form in the Federal Register, petitioners and other inquirers may obtain additional information and copies of the new form 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 their local Immigration and Naturalization Office.
The National Visa Center in Portsmouth, New Hampshire will include the new form with routine information packets once it becomes available. U.S. Embassies and consulates will also distribute Form I-864 in mailings to visa applicants prior to their visa interview date. Due to unavoidable delays in distribution, U.S. embassies and consulates overseas will not have copies of the form until 1-2 weeks after publication in the Federal Register.
Who needs an affidavit of support under INA section 213A?
* All family-based immigrants (including adoptions); and
* Those employment-based immigrants who are petitioned by a relative or by a business in which a relative has significant ownership or interests.
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 with a significant ownership interest in the petitioning entity must be the sponsor.
* Under certain circumstances, a joint sponsor or joint sponsors may submit an affidavit of support.
*** Detailed information regarding the sponsor’s obligations under the new provisions and instructions for completing the new affidavit of support will be provided with the new form I-864.
April 1997
End Text
3. The Department and INS are preparing in-depth guidance to posts and INS field offices, which will be distributed when the form and regulations are in final form and ready for publications. Questions regarding the form and implementation of the new regulations should be addressed to CA/VO/F/P.
4. Minimize Considered
Madeleine Albright