Revised Requirements for Form I-864 Processing

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Telegram to All Consular Posts

Revised Requirements for Form I-864 Processing

UNCLAS STATE 051172

302243Z MAR 06

FM SECSTATE WASHDC

TO ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE IMMEDIATE

AMEMBASSY GEORGETOWN IMMEDIATE

SUBJECT: REVISED REQUIREMENTS FOR FORM I-864 PROCESSING

REF: STATE 022685

2. Summary. Effective immediately, sponsors filing an I-864

are required to submit only their Federal tax return for their

most recent tax year, current as of the date of execution of the

I-864. The I-864 will remain valid indefinitely absent other

evidence of failure to meet the public charge provisions of the

law and should be evaluated based on the poverty guidelines in

effect on the date of filing with NVC or with post. [NOTE:

Reftel had indicated that poverty guidelines in effect as of the

date of signing would apply. Instead, posts are to consider the

guidelines in effect as of the date the I-864 is submitted.]

Updated tax returns should not be requested absent positive

evidence of public charge issues. The sponsor signature on Form

I-864 does not need to be notarized since the sponsor is signing

under penalty of perjury. Photocopies of Form I-864 that are

submitted for derivative applicants do not require an original

signature or notarization. [NOTE: Reftel had included existing

9 FAM language, requiring notarized signatures on an original I-

864 and an original signature on each photocopy. The new

guidance is consistent with current DHS requirements.] Posts are

reminded that there are some circumstances in which the I-864 is

not required. (For these exceptions, see 9 FAM 40.41 N3.4, 9 FAM

40.41 N3.4-2, 9 FAM 40.41 N3.4-3,and 9 FAM 40.41 N4.6-3.) End

summary.

The full telegram http://travel.state.gov/visa/laws/telegrams/telegrams_2863.html

[rebeccajo 14]

Lorelle, do you have your PC triggered to pick up new hot stuff? LOL

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Must seem that way sometimes aye lol

[meauxna 15]

Excellent find, wenchie These are some interesting changes! (my bolding added)

sponsors filing an I-864 are required to submit only their Federal tax return for their most recent tax year, current as of the date of execution of the I-864.

The I-864 will remain valid indefinitely absent other evidence of failure to meet the public charge provisions of the law

Updated tax returns should not be requested absent positive evidence of public charge issues.

The sponsor signature on Form I-864 does not need to be notarized since the sponsor is signing

under penalty of perjury.

It will be great to hear back from aonyone who has a Consular experience different from this.

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[AmitNY 0]

Would it be a problem if I have already mailed out I-864 form notarized? I have already sent all the documents requested in packet 4 to my wife in india.

[AK2 0]

Would it be a problem if I have already mailed out I-864 form notarized? I have already sent all the documents requested in packet 4 to my wife in india.

Edited May 17, 2006 by AK2

[Mand 1]

Would it be a problem if I have already mailed out I-864 form notarized? I have already sent all the documents requested in packet 4 to my wife in india.

I would say this is fine.

[Anyta Holland 1]

I don't think it should be a problem!

I am happy with these changes!!!