DOS Updates FAM re Affidavit of Support (Feb. 26, 2020)

9 FAM 601.14-13  CHECKLIST FOR REVIEWING THE AFFIDAVIT OF SUPPORT

(CT:VISA-1020;   02-26-2020)

1. Documents Required for a Proper Affidavit of Support:

(1)  Proper Affidavit of Support:

(a)  Form I-864: All pages, completely filled out, in correct order (pages 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12) and part 8 signed as appropriate.

(b)  Form I-864-EZ: All pages, completely filled out in correct order (pages 1, 2, 3, 4, 5, 6, and 7) and part 6 signed as appropriate. 

(2)  Most Recent Federal Tax Return: 

(a)  Internal Revenue Service (IRS) transcript, or photocopy of the most recent Federal tax return with all supporting schedules, that the sponsor had filed prior to the time of Affidavit of Support signing.  The return must have all pages in the correct order.

(b)  If the sponsor did not have to file a tax return, you may request a written explanation and a copy of the instructions from the IRS publication that shows the sponsor was not obligated to file.  (For information on most income tax obligations visit the IRS Web site.)

(c)  Additional Assets: If required, proof of additional assets, as described in 9 FAM 601.14-5 paragraph b(5).

1. Joint Sponsor and Substitute Sponsor: The joint sponsor and substitute sponsor must meet the same qualifications as the petitioner and submit the same documentation as noted in paragraph a(1), above.
2. Form I-864A:  If the income and assets of a household member are to be considered when reviewing the income level, a separate Form I-864A, Contract Between Sponsor and Household Member, must be completed for each household member whose income and assets are to be considered.

(1)  Each page must be filled out completely.

(2)  All tax, employment, and asset documents required for the sponsor (see above) also apply for joint and substitute sponsors.

1. Documents for the Principal Immigrant and Accompanying Dependents:

(1)  Principal Applicant:

(a)  Original or copy of Form I-864 and Form I-864A, Contract Between Sponsor and Household Member (if needed); must be signed (not required to be notarized).

(b)  The sponsor's most recent Federal income tax return filed prior to the time of Form I-864 signing is needed for each principal immigrant visa applicant.

(2)  Accompanying Dependents:

(a)  For accompanying dependents, if listed on the original Form I-864 affidavit of support submitted for the principal applicant and accompanying the principal applicant (traveling and entering the United States at the same time) you do not need to request an additional set of signed documents, as they may travel together with the principal applicant using only one complete set of signed documents (not required to be notarized):  Form I-864 and Form I-864A, Contract Between Sponsor and Household Member, if needed.

(b)  For accompanying dependents, if travelling together with the principal applicant, you may accept copies of the principal's Form I-864 and Form I-864-A (photocopied signatures are acceptable.)

(c)  Copies of supporting documents are not required for dependents applying for visas or adjustment of status together with the principal immigrant.

(3)  Follow to join dependents (travelling separately from the principal applicant and entering after the principal, or following to join a principal applicant who has adjusted status in the United States) will require a signed affidavit of support from the sponsor, along with a complete set of supporting documents.  A photocopy of the affidavit of support previously submitted by the principal applicant is acceptable.