Change in Procedure for FB Affidavits of Support
Posted Jan 29, 2000

As readers of the Law Office of Sheela Murthy, P.C.'s Immigration Law Bulletin may be aware, for all family-based (FB) permanent residency cases, the petitioner is required to submit an Affidavit of Support (Form I-864) certifying that financial support will be provided to the beneficiary. This Affidavit is presented at the time of filing for Adjustment of Status (I-485) for those in the U.S.; for persons processing instead for immigrant visas at consulates, the Affidavit has generally been presented at the time of the interview. The U.S. Department of State issued a visa cable on December 10, 1999, summarizing certain changes to this procedure. Instead of submitting the I-864 at the interview, the Affidavit is prepared earlier in the process, so that any mistakes or deficiencies can be corrected without delaying visa issuance.

The Form I-864 can be a difficult and confusing form to complete. Often the petitioner completes it incorrectly, or does not attach all of the documentation needed. When the form is submitted at the interview, Consular Officers find it necessary to request the visa applicant to return at a later date with additional documentation, and it was not unusual for an applicant to have to make three or more visits to the consulate. This process was frustrating for both the applicants and the U.S. Department of State employees.

Therefore, under the December 1999 cable, the I-864 must now be submitted to the Consulate at the time of submitting the Packet III forms. For those who are unfamiliar with the process, Packet III is a package of documents that is sent to the beneficiary when the consulate is ready to process the visa application. Two of the forms, the OF-230 Part I and the OF-169, are completed and sent to the Consulate. The Consulate then sends Packet IV, which contains an interview appointment letter, medical examination instructions, and other information. The new procedure for family based cases requires that the Form I-864 is sent to the beneficiary with Packet III, and the beneficiary must send the completed I-864 to the Consulate with the OF-230 Part I and the OF-169.

The Consulate will not issue Packet IV until it receives the I-864 with the notarized signature of the petitioner. Surprisingly, the cable states that Packet IV can still be issued even if the form is incomplete or missing some supporting documents. (Perhaps the problem that was holding up most of the cases was the lack of the petitioner's signature.)

Please note that the new procedure applies only to family-based cases, for beneficiaries of I-130 Petitions. Although the Form I-864 is also required in those employment-based cases involving companies owned by a relative of the beneficiary, those cases are not subject to this new procedure. In such cases, the I-864 must still be presented at the immigrant visa interview.

© The Law Office of Sheela Murthy, P.C.