[Federal Register Volume 63, Number 95 (Monday, May 18, 1998)]
[Rules and Regulations]
[Pages 27193-27195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12952]



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  Federal Register / Vol. 63, No. 95 / Monday, May 18, 1998 / Rules and 
Regulations  

[[Page 27193]]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 213a

[INS No. 1913-98]


Additional Information on the Affidavit of Support Under Section 
213a of the Act, Form I-864

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Clarification of policy.

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SUMMARY: On October 20, 1997, the Immigration and Naturalization 
Service (Service) published an interim rule in Federal Register 
establishing the provisions for sponsorship of family and certain 
employment-based immigrants under the new legally enforceable affidavit 
of support. The Form I-864, Affidavit of Support Under Section 213A of 
the Act, was released on that same date. This document provides 
information on four issues: reduction of required supporting 
documentation; preferred order of documentation; form revision dates; 
and 1998 poverty guidelines.
    First, the document clarifies the Service policy concerning whether 
the sponsor must submit a separate copy of all supporting documentation 
for each dependent. This clarification is necessary to reduce the 
amount of paperwork being submitted by the sponsor. Second, this 
document provides information on the order in which the Service would 
like to have affidavits of support and accompanying documentation 
submitted. Third, this document explains that the Service has corrected 
minor errors in the first edition of Forms I-864, I-864A, and I-865. 
Finally, the document lists the new 1998 poverty guidelines.

DATES: This document is effective May 18, 1998.

FOR FURTHER INFORMATION CONTACT:
Miriam Hetfield, Immigration and Naturalization Service, Benefits 
Division, 425 I Street, NW., Room 3214, Washington, DC 20536, Telephone 
202-514-5014 or Lisa Roney, Immigration and Naturalization Service, 
Office of Policy and Planning, Room 6052, Washington, DC 20536, 
Telephone 202-353-0249.

SUPPLEMENTARY INFORMATION: 

Reduction in Required Supporting Documentation

    This document clarifies Service policy concerning the documentary 
evidence that must be provided with an affidavit of support (Form I-
864) that is filed by an applicant for an immigrant visa or for 
adjustment of status. According to 8 CFR 213a.2(c)(2), the sponsor is 
required to provide considerable documentation, including copies of his 
or her Federal individual income tax returns for the most recent 3 tax 
years, evidence of current employment, and other documentation as 
evidence that the sponsor's income is sufficient to meet the income 
requirement that applies in the case. The sponsor must file a separate 
Form I-864 and I-864A, if used, for each dependent family member who 
accompanies the principal beneficiary of the visa petition, although 
these forms may be photocopies so long as the signature and notary 
information is original. 8 CFR 213.2(a)(1).
    The question has arisen whether the sponsor must also submit a 
separate copy of all the supporting documentation with each separate 
Form I-864 and any Forms I-864A for each dependent. To avoid 
unnecessarily increasing the amount of paperwork for the sponsor, the 
sponsored immigrant, and the Government, the Service has determined the 
following. A sponsor must submit a separate Form I-864 and, if used, 
any separate Forms I-864A, for the principal sponsored immigrant and 
for each accompanying family member. However, the sponsor needs to 
submit only one copy of his or her Federal income tax returns for the 3 
most recent tax years and one copy of any other supporting 
documentation even if there are accompanying family members. The 
sponsor does not need to submit duplicate copies of tax returns or 
other supporting documents for accompanying family members. In those 
cases where there are accompanying family members, the consular officer 
or immigration officer will write the A-number of the principal 
beneficiary in the ``agency use'' box of the Form I-864 for each family 
member accompanying the principal beneficiary. This annotation will 
make it possible to retrieve the documentary evidence from the 
principal beneficiary's A-file, should it become necessary to do so.
    The Service has also determined that it should clarify what the 
Service will consider to be sufficient compliance with the requirement 
in 8 CFR 213a.2(a)(1) that the Forms I-864 and I-864A submitted on 
behalf of accompanying family members must bear original signatures and 
notarizations. Under rule 1003 of the Federal Rules of Evidence, a 
photocopy has the same evidentiary value as an original document, 
unless the authenticity of the photocopy is disputed. While the Federal 
Rules of Evidence do not govern sponsorship determinations, the Service 
believes that following the principle set forth in rule 1003 in this 
context will serve to benefit potential sponsors by reducing burdensome 
replication of paperwork. Accordingly, the Service will consider a 
sponsor to have complied with 8 CFR 213.2(a)(1) if the sponsored 
immigrant(s) submit(s) to the consular officer, immigration officer, or 
immigration judge, (a) on behalf of the principal beneficiary, the 
original Forms I-864 and I-864A, bearing the sponsor's original 
signature and an original notarization, and (b) on behalf of each of 
the accompanying family members included in the original Forms I-864 
and I-864A, clear and true photocopies of the signed and notarized 
Forms I-864 and I-864A filed on behalf of the principal beneficiary. 
The Service will make the necessary change to 8 CFR 213a.2(a)(1) in the 
final rule, but considers strict enforcement of the requirement in the 
meantime to be unduly burdensome. Since the requirement that the Forms 
I-864 and I-864A for the accompanying family members must bear original 
signatures and notarizations is a rule of agency practice, and this new 
approach to enforcement of the requirement is a general statement of 
policy, 5 U.S.C. 553 permits the Service to modify its enforcement of 
the requirement without prior notice and comment.

[[Page 27194]]

    This policy on reduction in required supporting documentation 
applies for derivative beneficiaries applying for immigrant visas or 
adjustment of status with the principal beneficiary. If two related 
aliens are the beneficiaries of separate visa petitions, so that 
neither is a derivative beneficiary, separate documentary evidence in 
support of each Form I-864 and any Forms I-864A must be provided, and 
the Forms I-864 and I-864A for each principal beneficiary must bear the 
sponsor's original notarized signature. For family members who are 
following to join rather than accompanying a principal beneficiary, a 
separate Form I-864 and any Forms I-864A, with the sponsor's original 
notarized signature and supporting documentation, must be provided when 
the alien applies for an immigrant visa or for adjustment of status, in 
order to follow to join the principal beneficiary. 8 CFR 213a.2(d). 
This policy on reduction in required supporting documentation also 
applies when there is more than one alien following to join the 
principal beneficiary; only one set of supporting documents is required 
in support of all derivative beneficiaries following to join at that 
time. If more than one family member follows to join at the same time, 
moreover, only one family member needs to submit Forms I-864 and I-864A 
with original signatures and notarizations; the other family members 
may submit true and clear photocopies of that signed and notarized 
original. The immigration of consular officer will note in the ``agency 
use'' box the visa number or A-number of the file where the supporting 
documentation will be located.

Preferred Order of Documentation

    The Service is providing notice on the order in which it would like 
to have aliens seeking adjustment of status to package affidavits of 
support and supporting documentation for submission to the Service. 
Documents for the principal intending immigrant should be placed on top 
and in the following order: first, the petitioner's I-864 with the 
signature notarized; second, copies of the petitioner's Federal tax 
returns for the 3 most recent tax years; third, evidence of the 
petitioner's employment; fourth, evidence of the petitioner's assets 
(if used to qualify); fifth, any Forms I-864A submitted by the 
petitioner's household members with all original signatures notarized, 
copies of the household members' Federal tax returns for the 3 most 
recent tax years, household members' evidence of employment, and 
evidence of assets (if used to qualify). Next should be documentation 
for dependents. This will include, for each dependent, a photocopy of 
the signed and notarized Forms I-864 and I-864A filed on behalf of the 
principal immigrant. Documentation for any joint sponsor(s) should 
follow subsequently in the same order as provided above for the 
petitioner.

Form Revision Dates

    The first edition of Forms I-864, I-864A, and I-865 were dated 
October 6, 1997. The Service subsequently corrected two minor errors 
and released an updated version of each form with a revision date of 
January 21, 1998. The minor errors and released an updated version of 
each form with a revision date of January 21, 1998. The minor errors 
were a technical correction made in Part 1 of Form I-864A, and the new 
address of the Texas Service Center on Form I-865. Both the October 6, 
1997 and the January 21, 1998, versions of these forms may be used.

New 1998 Poverty Guidelines

    The October 20, 1997, interim rule establishing the provisions for 
sponsorship under the new affidavit of support, provided that 
immigration and consular officers will begin using the new poverty 
guidelines on the first day of the second month after the Department of 
Health and Human Services (HHS) published them in the Federal Register. 
This year HHS published the new guidelines on February 24. Thus, 
officers will use the new poverty guidelines to evaluate cases 
adjudicated as of April 1, 1998, regardless of when the application for 
an immigrant visa or adjustment of status was submitted to the 
Government. Applicants are not required to submit new Forms I-864 to 
reflect the new poverty guidelines. The following are the poverty 
guidelines for 1998.

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     Sponsor's household size               100% of poverty line                    125% of poverty line        
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     For the 48 Contiguous States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, and Guam     
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2................................  $10,850...............................  $13,562                              
3................................  13,650................................  17,062                               
4................................  16,450................................  20,562                               
5................................  19,250................................  24,062                               
6................................  22,050................................  27,562                               
7................................  24,850................................  31,062                               
8................................  27,650................................  34,562                               
                                   Add $2,800 for each additional person.  Add $3,500 for each additional       
                                                                            person.                             
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                                                   For Alaska                                                   
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2................................  13,570................................  16,962                               
3................................  17,070................................  21,337                               
4................................  20,570................................  25,712                               
5................................  24,070................................  30,087                               
6................................  27,570................................  34,462                               
7................................  31,070................................  38,837                               
8................................  34,570................................  43,212                               
                                   Add $3,500 for each additional person.  Add $4,375 for each additional       
                                                                            person.                             
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                                                   For Hawaii                                                   
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2................................  12,480................................  15,600                               
3................................  15,700................................  19,625                               

[[Page 27195]]

                                                                                                                
4................................  18,920................................  23,650                               
5................................  22,140................................  27,675                               
6................................  25,360................................  31,700                               
7................................  28,580................................  35,725                               
8................................  31,800................................  39,750                               
                                   Add $3,220 for each additional person.  Add $4,025 for each additional       
                                                                            person.                             
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    Dated: April 30, 1998.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 98-12952 Filed 5-15-98; 8:45 am]
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