DOS Cable on Signed I-864 Part of Packet III Submission

December 10, 1999

Unclas State 233848

Visas Inform Consuls

E.O. 12958: N/A
TAGS: CVIS, CMGT

Subject: I-864 Required For Minimal Documentary Qualification

1. This message describes an important change in immigrant visa processing requirements. Posts are requested to share this message with all IV staff and make revisions to packet three instructions and FAM notes as described below.

2. Effective immediately, a signed, notarized Form I-864 affidavit of support will be required of all beneficiaries of family-based (I-130) petitions before applicants can be considered minimally documentarily qualified. Posts should include the I-864 in the Packet III mailing for all beneficiaries of I-130 petitions. Posts should not/not forward a Packet Four for any applicant who has failed to return a signed, notarized Form I-864. Thus, an applicant I-130 beneficiary) will now be considered to be minimally documentarily qualified only if he/she has returned a completed OF-230 Part I, an OF-169, and an I-864.

3. For posts participating in the NVC Packet III Pilot Review Program, family-based cases will not/not be forwarded to post until/unless NVC has received a signed I-864 from the petitioner.

4. Posts are requested to make the following changes to 9 FAM 42.63 PN5.1-2:

• Under PN5.1-2(A)(3), add the following: "or Form I-864 affidavit of support for beneficiaries of I-130 petitions"

• Under PN5.1-2(D), amend first sentence to read as follows: "upon return of Form OF-230I, application for immigrant visa, alien registration Part I - biographic data, and (for beneficiaries of I-130 petitions) Form I-864 affidavit of support, the post shall initiate all appropriate clearances called for in section 9 FAM Part IV Appendix C (formerly appendices b/c/e), introduction - clearance procedures."

5. In order for the applicant(s) to be considered documentarily qualified, the I-864 must be signed and notarized. However, the I-864 need not/not be technically complete. If an I-864 submitted in response to a Packet III mailing is signed and notarized but otherwise incomplete (areas other than signature/notarial not filled out, tax returns missing, etc.), The applicant in question should nevertheless be considered to be minimally documentarily qualified.

6. Although the Department is aware that some beneficiaries of I-140 employment-based petitions are also subject to the I-864 requirement, posts are generally unable to identify these cases until the time of the interview. Therefore, a signed I-864 will not/not be required in order for the beneficiary of an I-140 petition to be considered minimally documentarily qualified.

7. The Department believes that this new process will allow posts to provide priority service to applicants who are truly prepared for the IV interview. The process will also spare those applicants who are not fully prepared the time and expense of a visit to post that will inevitably result in a 221g refusal. Posts should also feel the workload benefits of this procedure in terms of a reduced need for repeat interviews and fewer "no shows". For NVC Packet III pilot posts, the new procedure will prevent any case where the petitioner has failed to demonstrate an interest by submitting an I-864 from being forwarded to post, thus conserving filing space and time.

Madeleine Albright