My I-130 PETITION WAS APPROVED, NOW WHAT?
Once your Form I-130 visa petition is approved by USCIS, there are still several more steps in the process to obtaining the immigrant visa.
FORM I – 864; AFFIDAVIT OF SUPORT
WHAT IS IT?
The I-864 is a form required of all family-based visa applicants at the time of the consular interview abroad. The form ensures that the petitioning US citizen/ lawful permanent resident is capable of supporting the family member in the United States. Income must exceed 125% of the poverty guidelines based on family size (unless the petitioner is active duty military). https://www.uscis.gov/i-864p.
WHEN IS IT NEEDED?
For the interview, the immigrating family member will require the US citizen or lawful permanent resident’s original signed I-864 affidavit of support. If there is a joint sponsor, they will require the original affidavit of support for the joint sponsor. This means, the signatures must be original ink signatures.
NOTE: For any child under 18 and unmarried, who will be immigrating as the child of a U.S. citizen, and will automatically become a U.S. citizen under the Child Citizenship Act of 2000 upon admission to the United States, the NVC will require a Form I-864W instead. The form is completed in the child’s name where the child is the “requestor.” For children under 14 years old, the form is signed by the parent as follows: [Parent Full Name], parent for [Child Full Name].
WHAT SUPPORTING DOCUMENTS ARE NEEDED TO PREPARE THE AFFIDAVIT OF SUPPORT?
Before you can properly complete your draft of the I-864, you will need to get these documents:
- The tax return for the last lax year (based on the regular tax filing deadline). NOTE: extension documentation from the IRS showing a valid tax filing extension has been filed/ approved is not sufficient.
- Information from the prior two tax returns.
- A copy of all W2s and 1099s (if any) forming the basis for income reflected in the last year’s tax return.
- Proof of status for the US citizen or lawful permanent resident. This would include a copy of an unexpired US passport book, or an unexpired permanent resident card. It can also include a US “birth certificate” (not an abstract of birth).
- Proof of domicile for the US citizen or lawful permanent resident petitioner. This would include documents showing domicile in the United States, such as mortgage statements, lease agreements, utility bills, vehicle registration, etc.
- FOR MORE COMPLEX CASES
- Similar type documents for a “joint sponsor.”
- Similar type documents for a “household member. ” What is a household member? If the US citizen petitioner/ lawful permanent resident petitioner does not qualify based on their own income, sometimes you can add income from a “household member” requiring specific documents. “Household member” income can also be used if a joint sponsor does not fully qualify.
HOW DO I COMPLETE THE AFFIDAVIT OF SUPPORT?
HOW DO I PREPARE THE I-864 AND SUPPORTING DOCUMENTS FOR ATTORNEY REVIEW?
If you take advantage of attorney review (click here to schedule), you should save your completed I-864 (make sure it is signed/ dated) and all supporting documents (separated by type and named, e.g., “I-864 petitioner,” “tax return,” “W2 no.1,” “W2 no. 2,” “proof of domicile” “proof of status”) in a single folder named “I-864 Documents” on your desktop prior to your meeting with the attorney.
CIVIL DOCUMENTS
In addition to the affidavit of support documents, you must upload “civil documents” to the NVC website + bring all original civil documents (e.g., original stamp certified divorce decree with an original stamp) to the consulate interview abroad.
Each consulate has instructions on what type of documents are required on their website, which can generally be found with the following search:
LINK TO CONSULATE SPECIFIC REQUIREMENTS:
https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/ACC-Accra.html
*** You must replace the first three capital letters in pink above with the first three capital letters from the NVC case no., and you must type the name of the city where “Accra” currently is. The remainder of the link should stay exactly the same.
CIVIL DOCUMENTS …. continued
HOW DO I KNOW IF MY DOCUMENT IS THE CORRECT ONE?
All documents from foreign countries must match the NVC reciprocity schedules for that country – if they do not, the NVC will not accept them!
CLICK HERE to check your document by type and country.
GENERALLY, WHAT ORIGINAL DOCUMENTS ARE NEEDED?
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- The original signed (with wet ink) affidavit of support, and supporting documents. CLICK HERE for more information.
- Original birth certificate for immigrant
- Passport style photographs: Two (2) COLOR front view photographs taken within the past six months. For the NVC stage, place on a piece of paper and take a picture (save as PDF file).
- Originals or original stamp certified copies of all divorce decree, decrees of annulment or death certificates for prior spouses of either the US citizen/LPR petitioner or the immigrant.
- Original name change documents or sex change documents (if applicable)
- Original certified court records for criminal history (if applicable)
- Original police clearance letters for the immigrant.
- The police clearance letters must not be expired:
- They must not be expired due to the document itself indicating an expiration date, and;
- They must not be more than two years old. Note: there is an exception to the two year rule in some cases at 9 FAM 504.4-4(A), but generally should not be used since the immigration officer always has the discretion to ask for a new one.
- A police clearance letter is required from the following countries [when in doubt get more]:
- Country of current residence of the immigrant;
- Any country where the immigrant is a citizen (if they have lived there longer than 6 months at any time), and;
- Any other country where the immigrant has lived for one year or more after turning age 16.
- The police clearance letters must not be expired:
- Certificate of Marital Status (if required by particular embassy). E.g., the CENOMAR from the Philippines.
- Original Military Records (if applicable) for those having served in the military.
WHAT ELSE IS REQUIRED AT THE CONSULATE AFTER NVC PROCESSING?
Non-original documents that will be required include the following:
- DS – 260 Confirmation Page (print from CEAC – from the “Sign” page). You should also download a copy of your DS-260 application to study prior to the interview and make sure any corrections are mentioned.
- Interview Letter (generally an email sent to the immigrant)
- Medical Examination (see country specific instructions)
- Passport delivery registration documents (see country specific instructions)
- Two passport style photographs of the immigrant (taken within the last 30 days)
- Additional proof of relationship [KEEP IN A SIDE FOLDER IN CASE THE CONSULATE OFFICER IS INTERESTED – Note: a I-130 can be sent back to USCIS if the officer suspects the relationship is not legitimate.]
DO I NEED TO TRANSLATE THE DOCUMENTS?
Some consulates require that all documents are translated into English. Other consulates will permit the document to be in either English or the native language of the country where the consulate is located.
PURCHASE ADDITIONAL ATTORNEY SUPPORT
Our office does not handle the NVC process full service once the Form I-130 petition has been approved. However, you can purchase Immigration Lawyer Document Review for that stage. We video record our sessions and remote access your computer to make the most of our time with you.
