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Practice Areas > Consular Matter
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In most family-based visa cases, the petitioner must submit a signed affidavit of support (Form I-864). An original, signed and notarized form I-864 "Affidavit of Support" is required for all beneficiaries of immediate-relative and family-based petitions (except IR-4 and SB-1 applicants). Photocopies may be submitted for accompanying family members, but must have original signatures and notarizations. Photocopies of the signature and notarization will not be accepted.
The petitioner should execute the Affidavit of Support and submit the following: |
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Federal income tax return (form 1040 and W-2 forms) for the most recent year, or a statement why the petitioner did not file a federal income tax return in any of the past three years. |
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If the petitioner wants his/her assets considered, evidence of assets such as bank statements and brokerage accounts. | |
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f another member of the petitioner's household who is living at the same address wishes his/her income to be considered in relation to the Affidavit of Support, he/she must complete Form I-864A - "Contract Between Sponsor and Household Member" and provide the following: |
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Federal income tax returns (form 1040 and W-2 forms) for the most recent year, or a statement why the household member did not file a federal income tax return in any of the past three years. |
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If the household member wants his/her assets considered, evidence of assets such as bank statements and brokerage accounts. | |
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If the petitioner's income is below the guidelines set at 125% of the U. S.poverty level (see link on the right side of this page), then another U.S.citizen or resident may submit an additional affidavit of support as a joint sponsor.
Claims of business income should be substantiated with evidence of the business, receipts, registration, the exact nature of the work, etc. An I-864 with all supporting documents must be submitted for each visa applicant including eligible accompanying family members. Photocopies may be submitted for accompanying family members, but must have original signatures and notarizations. Photocopies of the signature and notarization will not be accepted.
All I-864 "Affidavits of Support" are a legally binding commitment to act as the financial sponsor of the applicant, once he/she arrives in the United States.
Before submitting the affidavit of support (Form I-864 or Form I-864A), be sure to review the "Checklist for Preparing the I-864". More information may also be found at the State Department's web site.
Validity Periods for I-864 and I-864A: The I-864 and I-864a must be submitted to a consular officer within twelve months of the date they are signed and notarized, or new forms will be required. A form submitted within twelve months of signature will have an unlimited validity and will not expire. However, a consular officer may require any supporting documents that are over twelve months old to be updated. |
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