Immigrant Visas

Frequently Asked Questions - Immigrant Visa Unit

Do I need the I-864, and if I do, how do I fill it out?

All Immediate Relative applications and family Preference applications must submit a completed Affidavit of Support (Form I-864) to show the sponsored applicant will not become a public charge.  It is also used in employment-based (“E”category) petitions when a close family member owns 5% or more of the petitioning business.  Packets 3 and 4 at our website explain the documentary requirements of the form I-864 in more detail.  Form I-864 submitted within six months of the sponsor’s signing the form is valid indefinitely.

If the petitioner has already submitted the I-864 and/or I-864A, to the National Visa Center (NVC), the documents will be forwarded to our office by the NVC and will be reviewed by the consular officer during the visa interview.  While the form I-864 submitted to the NVC could be valid indefinitely the supporting documents submitted with this form are not.  However, we find that many applicants’ forms I-864 are missing, the recent years tax returns, current proof of employment and income, and proof of Citizenship or U.S. Residency for sponsors, co-sponsors, and sponsors’ household members.  If these documents are absent, the applicant will be refused and required to provide them, so we suggest that applicants bring duplicate copies to the interview for their own convenience.  Please note that the applicant must bring the documents at the time of the interview or submit them to the VFS office.

In employment preference visa categories a notarized offer of employment from the petitioner is required.  If a relative has filed the visa petition, a form I-864 and all accompanying documents are required.

For follow-to-join applicants in the employment preference visa categories, the principal applicant must submit a notarized affidavit of support (form I-134), a job letter or pay stubs, a bank letter, and forms 1040 and W2 for the latest taxable year.  These documents must be less than one year old when the visa is issued.

For Returning resident (SB-1) and diversity visa (DV) applicants a sponsor who is a U.S. citizen or LPR must provide an affidavit of support (form I-134), a job letter or pay stubs, a bank letter, forms 1040 and W2 for the most recent taxable year, and proof of U.S. citizenship or legal permanent residence.  These documents must be less than one year old when the visa is issued.

The Consulate is unable to assist with completing the forms.  The regulations governing the use of these forms are very specific, and consular officers have extremely limited discretion when evaluating these affidavits.  We strongly encourage all petitioners to seek professional assistance, e.g., a lawyer, an immigration expert, or an accountant experienced with the use of this form, to assist in completing it.

The National Visa center sends the I-864 form directly to the petitioner.  You can also download it from the Visa Services page of the website of the Bureau of Consular Affairs.  The completed form must be sent to the NVC and copies to the applicant which must be presented at the time of the visa interview.  No forms should be sent to our office.