More from DOS on Affidavits of Support
Fm SecState WashDC
To All Diplomatic and Consulasr Posts Immediate
Special Embassy Program Immediate
AMEmbassy Sarajevo Immediate
AMEmbassy Bujumbura Immediate
UNCLAS State 240484
Visas: Inform Consuls
E.C. 12958: N/A
TAGS: CVIS, CMGT
Subject: Further AOS Guidance for Applications
Filed Prior to 12/19/97
Ref: (A) Manila 15716
(B) Islaaabad 11150
(C) State 238374 and Previous
1. REFTELS (A) and (B) describe Manila’s and Islamabad’s concerns with the change in guidance outlined in REFTEL (C) that permits IV applicants whose OF-230’s were executed before Dec. 19 to use the old AOS (form I-134). Post noted that prior to the change in instructions, many applicants who applied before Dec. 19 had already been advised that they must submit the new AOS (form I-864) in order to pursue their cases. Post requested authority to accept either the I-134 or the I-864 from applicants who had begun processing applications before Dec. 19 that were not concluded before that date and were therefore instructed by post to execute the new AOS.
2. The Department regrets the added burden the belated change in INS guidance may have caused posts. However, posts are not/ repeat not authorized to accept the new affidavit of support (Form I-864) from applicants who applied (signed form OF-230) before Dec. 19. Since the I-864 is a legally binding contract that imposes certain obligations on sponsors and subjects them to potential penalties, it would be inappropriate to use it when not required. Under no circumstances should Form I-864 be included in the IV packet for any applicant who applied before December 19.
3. For applications delayed beyond Dec. 19 for purposes other than 212(a)(4), post should ignore the I-864 and process the case to conclusion and issue if the applicant is otherwise qualified. For those denied under 212(a)(4) or under 221(g) pending documentation to satisfy public charge concerns, posts may use any supporting documentation submitted with the I-864 if sufficient to meet the pre-December19 public charge standard as outlined in 9 FAM 40.41. The supporting documentation may be included in the IV packet with a previously submitted I-134, a job offer or other documentation as conoff deems appropriate.
4. In response to question posed in para 2 of REFTEL (B), all cases subject to the new AOS requirement where an OF-230 is executed on or after December 19 for any reason will require an accompanying I-864.
5. Minimize considered.
Strobe Talbott