State Dept Institutes Procedural Changes for Affidavits of Support
Posted Jan 31, 1999

The State Department has announced a processing change with respect to Affidavits of Support for immigrant visa applicants. Previously, the entire "Packet 3," containing forms and instructions for scheduling a consular interview, was sent to the beneficiary who would be applying for the immigrant visa. However, one of those items, the Affidavit of Support to show that the beneficiary would not become dependent on governmental assistance, is to be signed by the petitioner. The beneficiary would have to forward the form to the petitioner, who would prepare it and then return it to the beneficiary.

In order to avoid the delay inherent in the above procedure, the Department of State announced that effective December 14, 1998, the State Department's U.S. processing facility, known as the National Visa Center (NVC), will mail the I-864 Affidavit of Support directly to the petitioner. This change affects only those cases for which the I-864 (the new, longer version of the affidavit of support) is required: family-based immigrant visa cases, and employment-based cases in which the petitioning employer is a relative, or a relative owns a significant share in the petitioning employer. Lottery cases and most employment-based cases, which do not use the I-864, are not affected. The petitioner will generally be instructed to send the completed form to the beneficiary to provide to the consular officer at the time of the immigrant visa interview.

In addition to the above procedure, the Law Office of Sheela Murthy is pleased to note that the State Department has advised that with respect to the three largest immigrant visa processing locations (Ciudad Juarez, Manila, and Santo Domingo), beginning January 4, 1999, the petitioner is required to return the completed I-864 to NVC, which will conduct a preliminary review of the Form I-864. NVC will check that the form has been completed properly, signed and notarized and that the necessary supporting documentation has been included. If not, NVC will assist the petitioner as needed, and will then forward the paperwork directly to the Embassy or Consulate. The Law Office of Sheela Murthy State Department anticipates that significant time and expense, both on the part of the government and the visa applicant, will be saved by this prescreening procedure.