I-1864A- notary

[neel06 0]

guys does an I-1864A need to be notaried? or just plain signature works.

the reason i am asking is that my husband was told by mouth that he needs to submit my co-sponsor's wife's I-134 but on his note it says he needs to submit I-1864A.

NEW DELHI EMBASSY IS RIDICULOUS.

[YuAndDan 153]

None of the I-864 forms need notarization.

The I-864A does not have a place like the other I-864 forms for a notary, it uses the same language as the other forms, and does not need to be notarized.

Some editions of the Form I-864 and Form I-864A include a jurat to be completed by a notary or by a consular or immigration officer to show that the person signed or acknowledged the signing of the Form I-864 or I-864A under oath. The Form I-864 and Form I-864A, however, provide that they are signed “under penalty of perjury.†Thus, 28 USC 1746 (which deals with the legal effect of unsworn statements) makes it unnecessary for Form I-864 and Form I-864A to be signed in the presence of or certified by a notary public or an Immigration or Consular Officer. Note that the jurat has been removed from the January 15, 2006 edition of the Forms I-864 and I-864A. Form I-86EZ is a newer form, and therefore never had the jurat.

http://www.uscis.gov/propub/ProPubVAP.jsp?...ad312b1ab639b17

Are the Affidavit of Support forms required to be notarized?

No. The sponsor just has to sign the form. You should know however, when the sponsor signs an Affidavit of Support form, he/she certifies that the information provided, transcript and/or photocopy of tax documentation is true and correct, under penalty of perjury.

http://travel.state.gov/pdf/I-864GenInfo-FAQ-Final.pdf

Sometimes the webpages are overlooked and have wording for the older forms. If the form itself complies with the new format that does not need notarization then no notarization is needed.

ALSO: The consulate CANNOT ask for any of the I-864 for K-Visas, they are required by law to use I-134 for K-Visas, so it is highly improper to request I-864A from the co-sponsor, they should request the co-sponsor to provide an I-134.

Edited November 6, 2007 by YuAndDan

[YuAndDan 153]

From: 9 FAM 41.81 N4 DOCUMENTARY REQUIREMENTS (The foreign Affairs Manual used by all consulates)

9 FAM 41.81 N4 DOCUMENTARY REQUIREMENTS

b. K-1 and K-3 applicants are subject to INA 212(a)(4) and must demonstrate to the consular officer's satisfaction that they will not become a public charge. The Form I-864, Affidavit of Support Under Section 213 A of the Act cannot be required. Applicants may submit a letter from the petitioner's employer or evidence that they will be self-supporting. The Form I-134, Affidavit of Support, may be required when the consular officer deems it useful.

http://foia.state.gov/masterdocs/09fam/0941081N.pdf

[neel06 0]

From: 9 FAM 41.81 N4 DOCUMENTARY REQUIREMENTS (The foreign Affairs Manual used by all consulates)

9 FAM 41.81 N4 DOCUMENTARY REQUIREMENTS

b. K-1 and K-3 applicants are subject to INA 212(a)(4) and must demonstrate to the consular officer's satisfaction that they will not become a public charge. The Form I-864, Affidavit of Support Under Section 213 A of the Act cannot be required. Applicants may submit a letter from the petitioner's employer or evidence that they will be self-supporting. The Form I-134, Affidavit of Support, may be required when the consular officer deems it useful.

http://foia.state.gov/masterdocs/09fam/0941081N.pdf

i know this is true... but i don't know what new delhi consulates have been sniffing. this is the 2nd incidence within a week that they are requiring an I-1864 for K-3 visa. well since my co-sponsor meets the income requirement they are asking for an I-1864A from his spouse.. which makes no sense because my co-sponsor's income is more than enough to sponsor 15 people.

i have contacted department of state and they have faxed the consulate on my behalf..lets see what comes of that.

my husband is convinced that this confusion happened because the local indian guy was rude and just wanted to create some issue.