The INS recently issued guidelines addressing 1) the reduction of required supporting documentation for the new affidavit of support; 2) the preferred order of documentation; 3) form revision dates; and 4) the 1998 poverty guidelines. This rule became effective on May 18, 1998.
With regard to the first issue, the INS has determined that a sponsor must submit a separate Form I-864 and any separate Forms I-864A (if used) for the principal sponsored immigrant and for each accompanying family member. The sponsor need only submit one copy of his or her federal income tax returns for the 3 most recent tax years and once copy of any other supporting documentation even if there are accompanying family members. To keep the paperwork organized, the immigration or consular officer will put the principal immigrant’s A-number in a special box on the I-864 for each family member.
Also, under 8 CFR 213a.2(a)(1) the INS has announced that a photocopy of the principal immigrant’s signature and notary has the same evidentiary value as the original for the I-864 and I-864A submitted with an accompanying family member’s application. Each principal applicant must have original signed and notarized forms. This includes IR-5 parents, many F-2 siblings and all F-4 siblings even if they apply for visas on the same date. For INS to accept photocopies, all applicants’ names must be included in the I-864, and the photocopies must be true copies of the original.
The INS also issued regulations regarding the preferred order of affidavit of support documents in an adjustment of status application. Documents for the principal immigrant should be on top in the following order: 1) the petitioner’s I-864 with notarized signature, 2) copies of petitioner’s federal income tax returns for the 3 most recent tax years, 3) evidence of petitioner’s employment, 4) evidence of petitioner’s assets, 5) any Forms I-864A submitted by petitioner’s household members in the same order as petitioner’s form. Documentation for dependents should follow. For each dependent there should be a photocopy of the principal immigrant’s signed and notarized Forms I-864 and I-864A. Any documentation for joint sponsors should follow in the same order as for petitioner.
The first edition of Forms I-864 and I-864A were released on October 6, 1997. The INS corrected two minor errors on them and released the updated version on January 21, 1998. INS has provided that either the January 21 or October 6 versions may be used.
Immigration and consular officers will begin using new poverty guidelines on the first day of the second month after the Department of Health and Human Services (HHS) issues them. For example, if HHS released the guidelines on February 24, 1998, then immigration and consular officers will begin to use them on April 1 regardless of when the application was filed.
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