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Affidavit Of Support - Frequently Asked Questions

43.

Does divorce nullify the sponsorship agreement?

No, divorce does not nullify the sponsorship agreement.

44.

If a person is issued an immigrant visa before the effective date for the new Affidavit of Support but does not immigrate until later, do they need to get a new Affidavit of Support (I-864)?

No, implementing regulations designate Consular Officers interviewing immigrants during the transition period as Immigration Officers. These immigrants will have had their immigrant visa interviews before the new Affidavit of Support requirements become effective and will not need Affidavits of Support that meet the new requirements.

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45.

Are original Affidavits of Support required for each family member?

Photocopies of the original Affidavit of Support may be used for each accompanying family member as long as each copy has an original signature and is signed before a Consular or Immigration Officer or a notary public. Photocopies are only valid for six months from the date of the signature on the original Affidavit of Support.

46.

Does the Affidavit of Support need to be witnessed or notarized?

The sponsor must sign the original and each photocopied Affidavit of Support before a notary public or an Immigration or Consular Officer. Household members submitting Form I-864A must also sign this contract before a notary public or an Immigration or Consular Officer.

47.

Are ‘following to join’ relatives included in the Affidavit of Support?

Family members who will not immigrate within the six-month validity period of the Affidavit of Support should not be listed on it. Petitioners must submit new affidavits of support for ‘following to join’ immigrants at the time they immigrate if it is later than six months after they signed the original Affidavit of Support.

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