DOS on Affidavit of Support Rule
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS
SPECIAL EMBASSY PROGRAM
AMEMBASSY BUJUMBURA
AMEMBASSY SARAJEVO
INFO NVC PORTSMOUTH 0000
Unclas State 197901
Visas Inform Consuls
E.O. 12958: N/A
TAGS: CVIS, CMGT
Subject: P.L. 104-208 Update No. 30 — Regulations on Affidavit of Support Published in Federal Register
Ref: (A) State 116024, (B) State 63559, (C) State 103 (D) State 43056
Summary
1. The regulations concerning the new Affidavit of Support under Section 213A of the Act were published in the Federal Register on October 20 and will enter into effect on December 19. Posts should continue to use existing forms and guidelines until that date. Distribution of a limited number of forms to all IV posts will take approximately three weeks. Posts will need to reproduce and distribute the form as widely as possible before the effective date. Please see Para 8 for the text of a new notice to be distributed with the I-864 and included in Packet Four mailings. End Summary
2. The regulations concerning the new Affidavit of Support, I-864, were published in the Federal Register on Monday, October 20. The regulations will enter into effect 60 days from that date, on Friday, December 19. Posts should continue to process visa applications using the existing regulations and Affidavit Form I-134, when needed, until that date. Additional guidance on adjudication of applications using the new form and public charge issues will follow Septels.
3. To achieve the widest possible distribution prior to the effective date, the National Visa Center (NVC) will send a copy of the new Affidavit of Support form to all IV applicants in the categories which are required to use the form (see Para 7) who received a Packet Three within the preceding four months. NVC will also distribute a limited number of copies of the I-864, and the form on diskette, to all IV posts via DHL. Upon receipt, posts should reproduce the form locally and distribute copies to all applicants who received Packet Four within the past three months. The notice in Para 8 should be enclosed with the I-864. To the extent possible, posts should exclude names of applicants to whom visas have already been issued from the distribution list.
4. Posts will note that the Affidavit of Support packet consists of 4 documents: the Affidavit of Support (I-864); a Poverty Guideline Information Sheet; a Contract Between Sponsor and Household Member (I- 864A); and a Sponsor’s Notice of Change of Address (I-865). All four documents are necessary components of the Affidavit of Support and should be distributed together. In reproducing and assembling the packets, posts should bear in mind that the poverty guideline information changes yearly and will be regularly updated. VO routinely provides updated poverty guidelines to posts. Although the poverty guideline sheet is technically not part of the Affidavit of Support itself, it must be kept current and included as an attachment to the form.
5. Working at top speed, NVC estimates that it will take approximately three weeks to reproduce and distribute the forms to posts. IV posts should anticipate receipt of the form by November 10th at the latest. The form will also be sent electronically to modernized posts. The form will also be available on the INS web site, which will be accessible through both the CA web site http:\\travel.state.gov\visa-services.html and the VO autofax at 202/647-3000.
6. Posts are reminded that the new regulations will not enter into effect until December 19. All IV cases should be adjudicated in accordance with previously existing guidelines until that date. Any case requiring an Affidavit of Support before that date should use the I-134.
7. Beginning December 19, all family-based immigrant visa cases and all employment-based cases in which the petitioner is a relative or a relative has a 5 percent or greater ownership interest in the petitioning entity will require the new I-864. All/all immigrant visas in those categories that bear an issuance date of December 19 or later must/must be accompanied by an I-864. Posts should make every effort to print by December 18 all IV’s which were approved on or before that date. Posts should also advise IV applicants in those categories who are denied under 221(g) pending representation of additional documentation that they will require the new form if they fail to qualify for a visa prior to December 18.
New Notice
8. Posts are requested to enclose the following notice in all packet four mailings until further notice:
Begin Text: Important Notice
This notice supersedes instruction No. 7 in Form OF-169 and information contained in OF-167.
Beginning December 19, 1997, U.S. Immigration Law will require all applications for immigrant visas in the categories listed below to be accompanied by a contractually binding Affidavit of Support (Form I- 864) which has been signed by the petitioner. All applicants in the specified categories who are scheduled for visa interviews on or after December 19 must submit a properly notarized I-864 in order to qualify for a visa.
The I-864 will not be valid for visa purposes prior to December 19, 1997. Consular officers have been instructed not to accept the I-864 prior to that date. Applicants should continue to use the current Affidavit of Support (Form I-134) for visa interviews scheduled on or before December 18, 1997.
Note: Only the October 6, 1997, version of the I-864 will be valid for visa purposes. Other versions will not be accepted.
Petitioners and other inquiries may obtain additional information and copies of the I-864 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 Service.
The National Visa Center will include the new form with routine information packets. U.S. Embassies and Consulates will also distribute Form I-864 in mailings to visa applicants prior to their visa interview date.
Purpose of the Form: Form I-864 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.
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 interest.
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 or relative with 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 are provided with the new Form I-864.
October 1997 End Text
9. Post are requested to hold questions about the new form and new public charge provisions for the time being. Septels will address in detail the processing of the lengthy and complex form and provide guidance on adjudicating public charge under the new legislation. Once posts have received and reviewed those cables, CA/VO/F/P will welcome comments and queries from posts and will provide responses to the extent possible before the new regulations enter into effect in December.
Madeleine Albright