The new Affidavit of Support forms called for under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRAIRA”) is still pending at the Office and Management and Budget, but are expected to be completed in the very near future. The new form will enter into effect 60 days after it is officially published in the Federal Register. The Form I-134 Affidavit of Support will be accepted until the new Form I-864 Affidavit of Support is effective. According to a recent State Department cable the form has been substantially modified since it was submitted to OMB in December. Consular posts are advised in the cable not to accept draft versions of the I-864 and should only accept the final version of the form on its actual effective date.
Under IIRAIRA, all residents and citizens are barred from sponsoring relatives unless the sponsor can prove their income is at least 25% higher than the federal poverty level. That rule will take effect when the new form becomes effective. The American Immigration Lawyers Association is currently pressing the INS to accept an interpretation that would consider total household income to be considered and not just the single sponsor.
As soon as the new form is published, Siskind, Susser, Haas & Chang will place it on our forms center.
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