DOS Cable Update on Affidavit of Support Changes
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS
SPECIAL EMBASSY PROGRAM
AMEMBASSY JAKARTA
AMCONSUL SURABAYA
BUJUMBURA POUCH
Unclas State 092491
Visas Inform Consuls
E.O. 12958: N/A
TAGS: CVIS, CMGT
Subject: I-864 Affidavit of Support Update No. 13 -- More Changes in Processing of Supporting Documents
Ref: (A) State 47122, (B) State 58655, (C) 97 State 235178
1. This message contains a procedural change in the processing of I-864 Affidavits of Support. Section chiefs should ensure that all IV officers and FSN's and all staff members who respond to inquiries regarding the I-864 are familiar with this change in procedures.
2. On May 18, an INS clarification of policy related to the I-864 was published in the Federal Register. The clarification included four procedural changes to the I-864 and related regulations that were published in the Federal Register in October 1997:
(a) Reduction in supporting documents for accompanying family members (See State 47122);
(b) Original signatures no longer required on accompanying family members' forms I-864 and I-864A (See Paras 3-8 below);
(c) Instructions to petitioners/sponsors on correct order of submitted documents (See 97 State 235178 for correct order of documents in issued visa packet); and,
(d) New Poverty Guidelines (See State 58655).
3. This message will focus on item (b) in Para 2. Pertinent segments of the text related to item (b) follows:
Begin Text:
... Under Rule 1003 of the Federal Rules of Evidence, a photocopy has the same evidentiary value as an original document, unless the authenticity of the photocopy is disputed... Accordingly, the service will consider a sponsor to have complied with 8 CFR 213A.2(a)(1) if the sponsored immigrant(s) submit(s) to the consular officer, immigration officer, or immigration judge, (a) on behalf of the principal beneficiary, the original forms I-864 and I-864A, bearing the sponsor's original signature and an original notarization, and (b) on behalf of each of the accompanying family members included in the original forms I-864 and I-864A, clear and true photocopies of the signed and notarized forms I-864 and I-864A filed on behalf of the principal beneficiary.
End Text.
4. The same guidelines would apply to following to join family members who apply together. Only one file need contain an original signed and notarized I-864 and I-864A (if needed) and the other applicants may submit true photocopies.
5. Each principal applicant for whom an individual IV petition was submitted must have original signed and notarized forms. Thus IR-5 parents, many F2 siblings and all F4 siblings must each have original signed and notarized documents even if they apply for visas on the same date.
6. In order to accept photocopies, officers must ensure that (a) all applicants' names are included in the I-864, and (b) the photocopies are true copies of the original. If an accompanying or FTJ applicant is not listed on the original I-864 and I-864A (if needed), he/she cannot use the form(s) to meet the AOS requirements of 213A.
7. It is not necessary for an officer to annotate, stamp or notarize the photocopies as true copies as long as the officer has verified (a) and (b) in Para 6 above.
8. Posts should implement the change in procedures immediately upon receipt of this cable.
9. Minimize considered.
Albright