I - 864 Affidavit of support question...

[Jai 0]

Hi All,

The below passage states that I - 864 AOS needs to be signed and notarized by the petitioner !

Did anyone in this forum, while submitting the I - 864 AOS form, get it notarized ?

Thanks.

Immigrant Visas

Application Mistakes

Common Mistakes on Immigrant Visa Applications

Below are some of the most common problems we encounter in conjunction with Immigrant Visa applications. Please take time to read the items below and be familiar with all of the information you have received in this package so that your Immigrant Visa processing can go smoothly and quickly.

Application Form (DS-230):

Complete ALL sections of the application. DO NOT leave any question unanswered. This includes all parts of questions 22 and 23.

DO NOT use the term "not applicable" or "N/A". Instead write "none" or "never".

Sign and date the bottom of page 2. Copies or facsimiles of your signature are not acceptable. Children, who are able to, should sign their own forms and the parents of children under 16 should also sign the child's name and write "by (father) or (mother), whichever is appropriate.

DO NOT sign the bottom of page 4. You should only sign page four when instructed to do so by the Consular Officer during your visa interview.

Affidavit of Support (I-864):

You must have a fully completed Form I-864 signed and notarized by the petitioner, even if the petitioner has no income.

You must have all attachments with the I-864. You may be refused under section 221g of the INA for an incomplete I-864.

If the petitioner's income is not sufficient to meet income requirements, the income of another person residing in the same household can be combined with the petitioner's income by signing and notarizing an "Agreement of Household Member" (I-864A). The household member must submit all attachments as well.

If you are, as a sponsor, including your spouse’s income, you must also submit an I-864A from your spouse.

A person residing outside of the petitioner's household may also act as a financial co-sponsor by completing a separate I-864.

Household size includes everyone living in your house, even if they are independent.

ALL I-864 AND I-864A forms MUST include the income tax returns (form 1040 and W-2) from the last three years along with an employment verification letter for each person sponsoring the applicant. The petitioner and/or any financial co-sponsor may also wish to submit recent pay slips and a bank statement.

Each family member applying for an immigrant visa must have an I-864 with an original, notarized signature.

Other Documentation:

You must have the appropriate Police Certificates with you to submit at the time of the interview. Your visa cannot be issued without them.

[pushbrk 12,106]

Your quoted page is out of date. Use the current Guides here and the instructions that come with the latest I-864. I-864 is no longer notarized.

[Dakine 26]

That info is outdated!

Rule of thumb is if there isn't a section for the notary then no need to notarize.

I don't think there are ANY "standard" fiance/spouse USCIS forms that have to be notarized anymore.

Someone correct me if I'm wrong!

Edited February 1, 2009 by Haole

[I Miss Her 0]

That info is outdated!

Rule of thumb is if there isn't a section for the notary then no need to notarize.

I don't think there are ANY "standard" fiance/spouse USCIS forms that have to be notarized anymore.

Someone correct me if I'm wrong!

All depends upon requirement of particular US consulate abroad.

US consulate, Mumbai still want notarized I-864, I-864A, I-134 forms. In addition, not only they want tax transcript from IRS but also W-2 and tax returns (form 1040). Very clearly following lines are mentions in their instructions:

.........Failure to provide a 1040 form for the most recent taxable year will delay your application.

................Only U.S. consular officers, DHS officers and U.S. notaries are authorized to notarize forms I-864, I-864A, and I-134.

[pushbrk 12,106]

That info is outdated!

Rule of thumb is if there isn't a section for the notary then no need to notarize.

I don't think there are ANY "standard" fiance/spouse USCIS forms that have to be notarized anymore.

Someone correct me if I'm wrong!

All depends upon requirement of particular US consulate abroad.

US consulate, Mumbai still want notarized I-864, I-864A, I-134 forms. In addition, not only they want tax transcript from IRS but also W-2 and tax returns (form 1040). Very clearly following lines are mentions in their instructions:

.........Failure to provide a 1040 form for the most recent taxable year will delay your application.

................Only U.S. consular officers, DHS officers and U.S. notaries are authorized to notarize forms I-864, I-864A, and I-134.

Requesting tax information differently is their prerogative but as to the affidavits of support, they've simply failed to update their website to reflect the changes in the documents. Consulate's don't approve I-864. NVC does.

[morocco4ever 63]

Consulate's don't approve I-864. NVC does.

If this is true why were we told that for our specific consulate the NVC only verified that all of the required documentation was there, and they had nothing to do with any approvals?

Not just that, but by the time of our second interview they requested an updated I-864 at the consulate level, but was never sent to through the NVC for previous approval?

[pushbrk 12,106]

Consulate's don't approve I-864. NVC does.

If this is true why were we told that for our specific consulate the NVC only verified that all of the required documentation was there, and they had nothing to do with any approvals?

Not just that, but by the time of our second interview they requested an updated I-864 at the consulate level, but was never sent to through the NVC for previous approval?

Yes, that sometimes happens but you don't see Consulates getting I-864 forms from NVC and rejecting them for lack of notarization. The Consulate simply has not updated their website to match the not exactly "new" form. Consulates have the right to request updated information and often do so when there are delays. You mention a second interview, so not only were there delays but there are the reasons for the delays to consider.

NVC will return an imporaperly executed I-864 or reject one that doesn't meet the 125% poverty level.

Edited February 1, 2009 by pushbrk

[morocco4ever 63]

Consulate's don't approve I-864. NVC does.

If this is true why were we told that for our specific consulate the NVC only verified that all of the required documentation was there, and they had nothing to do with any approvals?

Not just that, but by the time of our second interview they requested an updated I-864 at the consulate level, but was never sent to through the NVC for previous approval?

Yes, that sometimes happens but you don't see Consulates getting I-864 forms from NVC and rejecting them for lack of notarization. The Consulate simply has not updated their website to match the not exactly "new" form. Consulates have the right to request updated information and often do so when there are delays. You mention a second interview, so not only were there delays but there are the reasons for the delays to consider.

NVC will return an imporaperly executed I-864 or reject one that doesn't meet the 125% poverty level.

I wasn't addressing the notarization of the document, but rather the approval. If the NVC does the approval why didn't they request that my second I-864 go through the NVC for approval before they issued the visa, if that is indeed their duty? The delay was over a year, so an updated I-864 would naturally be required containing the missing year. This would have surely required approval wouldn't it?

As for you second sentence. I have never heard of the NVC requesting a co-sponsor, but I have the consulate. So if the NVC ensures that they meet the 125% poverty level then why aren't they the ones requesting the co-sponsor before sending it on to the consulate?

[pushbrk 12,106]

Consulate's don't approve I-864. NVC does.

If this is true why were we told that for our specific consulate the NVC only verified that all of the required documentation was there, and they had nothing to do with any approvals?

Not just that, but by the time of our second interview they requested an updated I-864 at the consulate level, but was never sent to through the NVC for previous approval?

Yes, that sometimes happens but you don't see Consulates getting I-864 forms from NVC and rejecting them for lack of notarization. The Consulate simply has not updated their website to match the not exactly "new" form. Consulates have the right to request updated information and often do so when there are delays. You mention a second interview, so not only were there delays but there are the reasons for the delays to consider.

NVC will return an imporaperly executed I-864 or reject one that doesn't meet the 125% poverty level.

I wasn't addressing the notarization of the document, but rather the approval. If the NVC does the approval why didn't they request that my second I-864 go through the NVC for approval before they issued the visa, if that is indeed their duty? The delay was over a year, so an updated I-864 would naturally be required containing the missing year. This would have surely required approval wouldn't it?

As for you second sentence. I have never heard of the NVC requesting a co-sponsor, but I have the consulate. So if the NVC ensures that they meet the 125% poverty level then why aren't they the ones requesting the co-sponsor before sending it on to the consulate?

The standard procedure is for NVC to approve the I-864 but that doesn't mean they MUST have the final word or in the case of a long delay that the Consulate can't require an updated affidavit without NVC's involvement. They are both part of the DOS visa process and have the authority needed to deal with the I-864. Perhaps my statement that Consulates don't approve I-864 was too strong. More appropriate would be that they are not the primary point of request or processing of the I-864. They don't dictate to NVC that I-864's be handled differently by NVC per specific Consulate requirements.

As for the poverty level, meeting the minimum requirement is not assurance a joint sponsor will not be requested by a Consular officer. Not meeting it is assurance NVC will request one, when not already provided. Lot's of I-864 forms are rejected even multiple times by NVC before they finally accept them and send them on to the Consulate.

So, back to the OP's issue, Consulates do not have the authority to require the I-864 be notarized. Obviously though ther are also not required to keep their webpages up to date with changes in USCIS forms.

[12345678 1]

One quick question:

My husband have not received his W2s for the year of 2008. Is it ok, if he submits 2007 Tax papers for AOS supportings? We gonna send the AOS packet on 3rd or 4th of this month....

Thank you

Sonia

[pushbrk 12,106]

One quick question:

My husband have not received his W2s for the year of 2008. Is it ok, if he submits 2007 Tax papers for AOS supportings? We gonna send the AOS packet on 3rd or 4th of this month....

Thank you

Sonia

He'll have his W2 at least, sometime this week but you can also bring it to the interview.

[12345678 1]

One quick question:

My husband have not received his W2s for the year of 2008. Is it ok, if he submits 2007 Tax papers for AOS supportings? We gonna send the AOS packet on 3rd or 4th of this month....

Thank you

Sonia

He'll have his W2 at least, sometime this week but you can also bring it to the interview.

Well, he did not get W2 yet, if he does then no question of submitting the most recent tax papers of 2007, as u know it is a matter of day if he has his W2 in his hand...

Hopefully he gets it...However, he got his W2 in March last year...Who knows when it comes...

Is it mandatory to submit IRS transript? Or it varies from case to case...?

Sonia

[I Miss Her 0]

By law everyone should have W-2 by second week of Feb (more precisely by Feb. 15), if mailing address is correct. If not then you have right to contact your employer HR as soon as possible for W-2.

[YuAndDan 153]

None of the I-864 forms need notarization.

Some editions of the Form I-864 and Form I-864A include a jurat to be completed by a notary or by a consular or immigration officer to show that the person signed or acknowledged the signing of the Form I-864 or I-864A under oath. The Form I-864 and Form I-864A, however, provide that they are signed "under penalty of perjury." Thus, 28 USC 1746 (which deals with the legal effect of unsworn statements) makes it unnecessary for Form I-864 and Form I-864A to be signed in the presence of or certified by a notary public or an Immigration or Consular Officer. Note that the jurat has been removed from the January 15, 2006 edition of the Forms I-864 and I-864A. Form I-86EZ is a newer form, and therefore never had the jurat.

http://www.uscis.gov/propub/ProPubVAP.jsp?...ad312b1ab639b17

Are the Affidavit of Support forms required to be notarized?

No. The sponsor just has to sign the form. You should know however, when the sponsor signs an Affidavit of Support form, he/she certifies that the information provided, transcript and/or photocopy of tax documentation is true and correct, under penalty of perjury.

http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

Sometimes the webpages are overlooked and have wording for the older forms. If the form itself complies with the new format that does not need notarization then no notarization is needed.

[morocco4ever 63]

One quick question:

My husband have not received his W2s for the year of 2008. Is it ok, if he submits 2007 Tax papers for AOS supportings? We gonna send the AOS packet on 3rd or 4th of this month....

Thank you

Sonia

He'll have his W2 at least, sometime this week but you can also bring it to the interview.

Well, he did not get W2 yet, if he does then no question of submitting the most recent tax papers of 2007, as u know it is a matter of day if he has his W2 in his hand...

Hopefully he gets it...However, he got his W2 in March last year...Who knows when it comes...

Is it mandatory to submit IRS transript? Or it varies from case to case...?

Sonia

It is required by law that the W-2's are postmarked no later than Jan 31st. He should have it this week or next. There is always room for problems however.

As for the 2008 tax info I have seen cases where in Jan through Apr they request that information, even though the USC isn't required to file his taxes until Apr 15th. If there is any chance to get this done before the interview that would be the best. If not just hope for the best, but be prepared that they might request it.