Federal Agencies, Agency Memos & Announcements

DOS on IV Packaging Procedure

12/17/97 AILA Doc. No. 97122459. Consular Processing
R 170326Z DEC 97
FM SECSTATE WASHDC
TO ALL IMMIGRANT VISA PROCESSING POSTS

UNCLAS STATE 235178

VISAS INFORM CONSULS

E.O. 12958: N/A

TAGS: CVIS, CMGT

Subject: I-864 Affidavit of Support Update No. 3 - - Change in Processing: Packaging of Immigrant Visas

Ref: (A) State 228862 (B) State 211673

1. REFTELS A and B outlined the new affidavit of support (I-864) and accompanying documents that all applicants are required to submit to meet the Section 212(a)(4) and Section 213A requirements of the INA. INS requires that all of those forms and supporting documents be included in the issued visa packets. Since the volume of supporting documents will be significantly greater, posts will be required to change procedures for packaging issued visas as explained in the following paragraphs. Please pass this message to all IV line officers and FSNs.

2. Current visa packaging instructions are located in 9 FAM 42.73 PN4. This message amends those instructions to include the I-864, I-864A and supporting documentation. The new guidance varies somewhat depending upon the number of notarized forms and the volume of supporting forms submitted with each immigrant visa.

One Sponsor

3. The I-864 is to be included in the stapled visa packet along with the OF-230 and other supporting documents. (See 42.73 PN2). If one or more household members have submitted an I-864, that/those document(s) should immediately follow the I-864. VO anticipates that the supporting documentation for the I-864 (most recent three years tax returns; employment letters; and, if applicable, evidence of assets and liabilities) will be too bulky to either staple or attach to the rest of the packet by eyelets. The I-864 supporting documentation should, therefore, be included in the visa packet but need not be either stapled or grommeted to the I-864 or the other documents attached to the I-230. The envelope should be sealed and the rubber stamp and consular officer’s initials should be applied as per 42.73 PN4.4. The OF-155A will still be placed on top of the envelope and attached by metal eyelets or staples to the OF-230 and the documents attached to it (PN4.5). The I-864 supporting documentation will thus be in the sealed envelope, but will not be attached to the rest of the visa packet.

One or More Joint Sponsors

4. In the event there are one or more joint sponsors, the affidavits of support will be attached to the I-230 and its supporting documents, as noted in Para 3 above, in the following order:

I-230

Supporting documents (medical report, police report, etc.)

The petitioner’s I-864;

Household Member’s/Members’ I-864(A);

Joint sponsor’s I-864;

Joint sponsor’s household member’s/member’s I-864(s);

Next joint sponsor

That joint sponsor’s household member’s/members’ I-864(s); Etc.

It is important to keep the sponsors and their contributing household members together.

5. I-864 supporting documentation will likewise be included in the envelope, but not attached to the I-230 packet. The supporting documentation will be in the same order: petitioning/sponsor’s documents (stapled together); household members’ documents (stapled together); joint sponsor’s documents (stapled together); his/her household members documents (stapled together); next joint sponsor, etc.

6. In the likely event that the supporting documentation for the I-864 an I-864 forms will be too voluminous to fit in one visa envelope, the supporting documentation should be placed in a separate sealed envelope, in the same order as in Para 4 above. That envelope should be sealed, rubber stamped and initialed as in 42.73 PN4.4, but will not have the corner removed nor will the documents be attached by eyelets. The applicant’s name should be written on the outside of the envelope and the envelopes should be numbered (one of two , two or two, etc.) the applicant should be advised that the extra envelopes are an important part of the visa and must be hand carried on the airplane and presented along with the envelope to which the visa is attached to an INS officer at the port of entry.

Family Members Who Are Traveling Together

7. INS has determined that each family member must have a complete set of financial support documents. Accompanying family members may use photocopies of the I-864 and I-864A, but they must bear original signatures and notarizations. The supporting documents may all be photocopies as well and should be packed in the same order and manner as the PA’s visa package. It is the sponsor’s and/or applicant’s responsibility to provide all the necessary copies.

8. Department regrets the additional workload the packaging of this documentation will impose on posts.

Pickering