IMMIGRATION LAW & POLICY

Affidavits of Support

 

 

NEW POLICY:  FAMILY VISA APPLICANTS MUST SUBMIT AFFIDAVIT OF SUPPORT BEFORE CONSULAR INTERVIEW
Immigrants’ Rights Update, Vol. 14, No. 1, February 11, 2000

Under a new policy, beneficiaries of family-based immigrant visa petitions will henceforth be required to submit a signed and notarized I-864 affidavit of support form before they will be scheduled for a visa interview at a consulate.  The purpose of the new procedure is to help ensure that interviews are scheduled for applicants who are ready for them, and to minimize the need for repeat interviews.   The new policy was announced via a U.S. State Dept. cable issued to diplomatic and consular posts on Dec. 10, 1999.

The cable explains that the I-864 form will be sent with the Packet III mailing, which explains to immigrant visa applicants the requirements regarding which documents they are to submit with their applications, as well as how and when they are to prepare and submit them.  A signed and notarized I-864 must be returned before they will be considered "minimally documentarily qualified" and therefore eligible for an immigrant visa interview.  Cases that are subject to the National Visa Center (NVC) Packet III Pilot Review Program will not be forwarded from the NVC to the consulate until the NVC has received a signed I-864.

To meet this new requirement, the notarized I-864 does not have to be "technically complete."  The cable explains that as long as the form is signed and notarized the applicant will be considered "minimally documentarily qualified," even if other parts of the form are not filled out and tax returns are missing.

The cable notes that although some beneficiaries of I-140 employment-based petitions are also subject to the I-864 requirement (namely, those for whom a relative holds a substantial interest in the petitioning business), the State Dept. is not able to identify these cases until the time of the interview.  For this reason, the new requirement applies only to beneficiaries of family-based petitions.

Cable No. 99-State-233848 (Dec. 10, 1999), reprinted at 76 Interpreter Releases 1795 (Dec. 20, 1999).

 

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