December 14, 2005

USCIS Issues Memorandum on New Policies for Affidavit of Support

There is good news for those having to complete the Affidavit of Support (Form I-864). The form, which requires extensive supporting documentation, must be completed on behalf of green card applicants by individuals willing to assure the government that they have the financial means to certify that the applicants will not become public charges. Effective November 23, 2005 , individuals completing the form are only required to submit one federal income tax return as opposed to the previously-required returns for the past three years. The tax return must be the most recent as of the date of the signing of the I-864. Adjudicators will not be required to issue a Request for Evidence (RFE) for adjustment applications filed prior to November 23, 2005 that are missing the two earlier tax returns.

Additionally, all adjustment applicants are now required to submit Form I-864 with their adjustment applications effective November 23, 2005. This changes the previous agency policy that permitted local offices to establish their own rules regarding whether the affidavit needed to be submitted at the time of filing the application or at the time of the adjustment interview.