Important Advice About The Affidavit Of Support (i 864)
U.S. DEPARTMENT OF STATE
U.S. EMBASSY SEOUL
CONSULAR SECTION, PETITION VISA UNIT
32 Sejong ro, Chungro ku, Seoul 110-710 Korea or
Unit 15550, APO AP 96205 USA
Fax 822-397-4501 or DSN fax 721-4501
IMPORTANT ADVICE ABOUT THE AFFIDAVIT OF SUPPORT (I-864)
If you do not fully comply with I-864 requirements you will be ineligible for an immigrant visa.
Some Affidavit of Support procedures have changed. It is very important to follow the detailed
instructions included with each form I-864W, I-864EZ, I-864 and I-864A downloadable from
www.uscis.gov. Please bring the following documents to your appointment, even if your
petitioner and any joint sponsor(s) already submitted them to the Department of State’s
National Visa Center (NVC).
1. I-864 completed and signed with only one year’s tax return (IRS 1040, 1040A or
1040EZ or an official IRS transcript), which is current as of the date of execution of the
I-864. If your petitioner did not file federal tax returns, do so immediately, if required
by law (see #2). If your petitioner does not have copies of previously filed returns, get
them from IRS. If your petitioner’s earned or unearned income is from overseas
sources, file a federal tax return as an overseas filer and bring the most recent copy of
that return filed prior to the time of the I-864 signing.
2. If your petitioner’s earned or unearned income is below the filing requirement, proof
of these amounts and tax filing requirements for those tax years. A statement such as
“I was a student or a housewife” is insufficient since it does not address your earned
or unearned incomes and tax filing requirements. This explanation does not overcome
the requirement for financial support and you may need a qualified joint sponsor’s
complete I-864 with all supporting documents.
3. Under Section 213A of the Act, a petitioner who is maintaining a residence outside the
United States could not normally claim a U.S. domicile and would be ineligible to
submit Form I-864, Affidavit of Support. Most Americans teaching English in Korea (or
working for other Korean employers) fall into this situation. Most resolve the domicile
problem with evidence of termination of their employment in Korea, employment
contract or first pay statement from a new job in the U.S., new long term lease in the
U.S., Korean exit and entry records, U.S. school registration and similar documents,
often in combination.
4. For additional information about recent changes to Affidavit of Support Procedure,
please review Fact Sheet: Affidavits of Support at www.uscis.gov, Frequently Asked
Questions (FAQ’s) at www.travel.state.gov and www.asktheconsul.org.
s/pvu/iv/seofm/seo-864 Nov2006
Document Outline
