When do I send the affidavit of support? 19 Answers as of November 30, 2011

If I sponsor my husband from India do I have to provide the affidavit of support? If yes, do I have to send it at the time I file my petition or the time of his interview in his country?

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Theresa E. Tilton, Attorney at Law
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
You file the affidavit of support with the petition and the other supporting documents. If you do not include it, your petition will be rejected as incomplete.
Answer Applies to: Washington
Replied: 11/30/2011
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
Once the petition is approved by the USCIS, it will be forwarded to the NVC (national visa center) for further processing at the Consulate abroad. At that time, you will be asked to submit additional fees for the visa processing and affidavit of support and once payment is received, you will be asked to submit additional forms, including the affidavit of support, along with supporting documentation.
Answer Applies to: California
Replied: 11/30/2011
LAW OFFICES OF ALAN R. DIAMATNE APLC
LAW OFFICES OF ALAN R. DIAMATNE APLC | Alan R. Diamante
If the beneficiary is conducting a consular process, the National Visa Center will request the Affidavit of Support before the matter is routed to the U.S. Consulate abroad. This is usually about a year after the I-130 is filed in the U.S.
Answer Applies to: California
Replied: 11/29/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
Normally you submit to the National Visa Center. They forward to the consulate. Some consulates also want the person to have these originals at the consular interview. In that instance, the consulate normally provides a list of documents to bring.
Answer Applies to: California
Replied: 11/28/2011
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
You will have to file an affidavit of support for your husband. You do not have to file the affidavit of support until the immigrant visa petition is approved and the case is transferred to the National Visa Center. Typically, the Department of State will send you detailed instructions of what needs to be filed once the case is received by the National Visa Center and an immigrant visa is available for your spouse.
Answer Applies to: New York
Replied: 11/28/2011
Joseph Law Firm
Joseph Law Firm | Jeff Joseph
The affidavit of support will be requested by the National Visa Center once the I-130 has been approved and the case has been transferred to the Department of State for consular processing. The I-864 is the form for the affidavit of support. To petition for your husband, you must complete an affidavit of support and demonstrate that you have income at 125% of the poverty guidelines based on your household size. The poverty guidelines can be accessed here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73c63591ec04d010VgnVCM10000048f3d6a1RCRD. Any income from lawful sources will count including income from SSI, unemployment or disability. You will demonstrate your income through your most recent tax return as well as pay stubs and a letter from your current employer if you are employed. If you do not qualify based on your income alone, then you can use your assets to qualify you. If you want to use assets, you must demonstrate that the assets are easily convertible to cash and that the total assets is equal to 5 times the difference between your income and the amount required under the poverty guidelines. As an example, if the poverty guidelines require household income of $10,000, and your household income is $0, you would have to demonstrate assets in the amount of 5 x $10,0000 or $50,0000 to qualify. If you cannot demonstrate sufficient assets to qualify under the poverty guidelines, you can obtain a joint sponsor to complete an affidavit of support. The joint sponsor must be a U.S. citizen or lawful permanent resident and he or she must independently qualify under the poverty guidelines.
Answer Applies to: Colorado
Replied: 11/28/2011
Baughman & Wang
Baughman & Wang | Justin X. Wang
You file it when you send documents to national visa center.
Answer Applies to: California
Replied: 11/28/2011
Carol Beth Wolfenson | Carol Beth Wolfenson
Neither. After the petition is approved and the case is being processed with National Visa Center, they will request the affidavit of support.
Answer Applies to: New York
Replied: 11/28/2011
Immigration Attorneys, LLP | Robert R. Gard
Yes, you are required to file an I-864 Affidavit of Support, even if you have no income. If you don't have sufficient income, you will need a willing co-sponsor to also file an I-864. The I-864 affidavit is NOT filed with the I-130 petition, but after the approval of the I-130, the National Visa Center will request you to pay a fee for reviewing the I-864, and they will ask you for the I-864 at that time.
Answer Applies to: Illinois
Replied: 11/28/2011
Law Offices of Kenneth Wincorn P.C.
Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
When you file the application.
Answer Applies to: Texas
Replied: 11/28/2011
    World Esquire Law Firm
    World Esquire Law Firm | Aime Katambwe
    You send it when the consulate requests it, usually before the interview.
    Answer Applies to: California
    Replied: 11/28/2011
    Avrin & Regolsky | Estelle Regolsky
    There are three stages to immigrant visa processing. First you file the I-130 marriage petition and other required itemswithCIS (Immigration). The approved petition is then forwarded to the National Visa Center (NVC) in New Hampshire. This is step two and you are with a different agency from then on, the Department of State. The NVC will send you bills for the Affidavit of Support and the Immigrant Visa Application. Once you have paid them, you will be instructed to send in your I-864affidavit of support withtax returns, etc., the visa application, photos, and various documents. After reviewing your submission for correctness and completeness, the NVC will schedule your husband for an immigrant visa appointment in his home country.That immigrant visa interview is step three. If you have already submitted the affidavit of support to the NVC, you do not have to do another one for the interview although you may have to provide updated financial evidence if a great deal of time has passed.
    Answer Applies to: Massachusetts
    Replied: 11/28/2011
    Federal Law Practice of Arnold L. Feldman | Arnold Feldman
    The affidavit of support will be required after the petition is approved and the case has been transferred to National Visa Center for Department of State processing. You will know this has happened because they will send you a bill for visa processing.
    Answer Applies to: Pennsylvania
    Replied: 11/28/2011
    Law Office of Eric Fisher | Eric Fisher
    After the visa petition is approved. Your file will be transferred to the national visa center. The NVC will advise you to pay a fee and then submit the affidavit of support to them.
    Answer Applies to: Colorado
    Replied: 11/28/2011
    Matthew Cameron Attorney at Law
    Matthew Cameron Attorney at Law | Matt Cameron
    Yes, you will have to provide an affidavit of support with proper income verification to complete the consular processing of his visa. This step occurs after you have filed the initial visa petition package in order to be sure that the information provided is as current as possible. You should both be notified at the point at which this is required but I would recommend preparing it, organizing the supporting documents and having it ready to file well in advance in order to minimize delay on his petition.
    Answer Applies to: Massachusetts
    Replied: 11/23/2011
    Feldman Feldman & Associates, PC
    Feldman Feldman & Associates, PC | Lynne Feldman
    It is filed at the national Visa Center stage after the I-130 is approved and NVC requests money and forms for consular processing and interview.
    Answer Applies to: California
    Replied: 11/23/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    Yes, you provide the referenced affidavit along with the other paperwork required for the initial petition.
    Answer Applies to: Virginia
    Replied: 11/23/2011
    Christian Schmidt, Attorney at Law
    Christian Schmidt, Attorney at Law | Christian Schmidt
    You file the I-864 with his application for an immigrant visa at the National Visa Center.
    Answer Applies to: California
    Replied: 11/23/2011
    Law Office of Lonnie Hank Robin
    Law Office of Lonnie Hank Robin | Lonnie Hank Robin
    You must send the affidavit of support to the U.S. Department of State National Visa Center after your USCIS petition is approved (unless you are notified by the National Visa Center to submit it to the appropriate U.S. consular post in India). In that regard, I none-the-less suggest that you seek the assistance of an experienced immigration attorney.
    Answer Applies to: Texas
    Replied: 11/23/2011
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