Deadline Extended for Comments on Proposal to Add Bank Details to I-864 Affidavits of Support

The U.S. Department of Homeland Security (DHS) has extended the deadline for the public to submit comments on proposed revisions to the affidavit of support that is required for most family-based immigrant petitions (form I-864), and the corresponding forms I-864A and I-864EZ. The public now has until May 11, 2020, to comment on the proposal, which would obligate sponsors to list bank account information and require that the form be notarized.

Background of Form I-864, Affidavit of Support

The purpose of the I-864 is to protect U.S. taxpayers financially. This form is required, with limited exceptions, in family-based immigration cases. It is also required in some employment-based cases. The petitioner must establish that s/he has sufficient financial means to ensure that the beneficiary family member will not become a public charge, in need of government support. By signing the I-864, the petitioner contracts to be financially liable to the government if the sponsored family member collects certain types of means-tested public benefits (e.g., food stamps).

I-864 for Immigrant Petitions Versus the I-134 for Nonimmigrant Visas

Form I-864 should not be confused with the I-134, affidavit of support, which is a form that can be used when applying for a nonimmigrant visa (NIV). More details on the I-134 form are available in the MurthyDotCom NewsBrief, Form I-134 Affidavit of Support for B-1/B-2 Visitor Visas (03.Oct.2016).

Conclusion

The proposals to require that sponsors not only provide bank account information, but also to have the documentation notarized, will make the application process more onerous. Anyone interested in submitting comments on this proposal should do so via the link in the Federal Register.

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