Finally, after years of waiting, your Priority Date will become current. If the National Visa Center doesn’t contact you within a matter of weeks, go back to Subsection 2e regarding how to contact it.

CAUTION

If you used this book for Step One, you probably need a new edition now. In the years that you waited for your Priority Date to become current, the immigration laws or procedures may have changed. Check with Nolo’s customer service department regarding how to obtain a new edition. You will receive a discount on the new edition if you return the cover of the old one.

Once the NVC sees that your Priority Date is current, it will send you what’s called a Choice of Address and Agent form (DS-3032). This is a very simple form—but don’t let its simplicity fool you. By choosing an “agent,” as the form asks for, you’re essentially deciding where all the important mail from the U.S. government regarding your immigration should go—to you, at your overseas address, or to someone else, most likely your petitioner in the U.S. (if you’re not using an attorney). If mail service from the U.S. has been at all unreliable where you live, or if you might be moving before your visa interview, it’s safest to choose your U.S. petitioner as agent, and write in the U.S. address.

WEB RESOURCE

This form is available on the State Department website at www.state.gov. A sample filled-in version of this form is shown below.

At the same time, the NVC will send a bill for processing the Affidavit of Support (Form I-864—fee currently $70) to your petitioner. After the petitioner pays the fee, the NVC will send further instructions on preparing and submitting Form I-864. Then, once the NVC receives your Form DS-3032, it will mail you a bill for the immigrant visa processing fee (currently $400). Once the visa fee is paid, the NVC will send you further instructions.

Those instructions will probably tell you to fill out various forms (either sent to you by the NVC or that you’ll be told where to download online) and return them to the NVC. The NVC will review all of your documents before finally sending you an appointment notice for your interview at a U.S. consulate in your home country.

However, this whole system is still in transition—some applicants will still have their files transferred to a U.S. consulate early in the process (the old system), and will receive instructions and an appointment notice directly from the consulate.

In either case, the important thing will be for you to follow the instructions carefully. If you make a mistake—for example you forget to send in a form or document, forget to sign one of the forms, or you enter inconsistent information on different forms—you’ll normally get a second chance. The NVC will send you what’s called a “checklist,” setting out what you need to do and giving you a barcode sheet to include with your response. Again, read the instructions carefully and try to get it exactly right—every mistake you make delays your case and could eventually lead to the visa being denied.

TIP

When sending original documents, always include a copy. The NVC will request various original documents, like your original birth and marriage certificate. You may feel understandably nervous about sending in these original documents. So long as you remember to also include a copy of the document, you’ll get the original back when you go to your visa interview.

TIP

It’s never too soon to get your vaccinations up to date. Before you’re allowed to enter the United States, you’ll have to prove that you’ve had all the necessary vaccinations, as listed in Chapter 2, Section A. Check with your local doctor now so that you’re not stuck later waiting weeks while a series of shots is administered.

a. Line-by-Line Instructions for Step Three Forms

Certain forms vary among consulates (for example, some include translations into the language of that country). Although versions of these forms are provided in this book, it’s better to use the one that you receive from the NVC, in case it’s different.

i. Form DS-230 Part I

Form DS-230 Part I is designed to collect basic identifying information about you, including your physical features and the names of your children.

WEB RESOURCE

Form DS-230 Part I is available on the State Department website at www.state.gov. However, it’s best to use the form you receive because it may be slightly different. Below is a sample filled-in version of this form.

Questions 1-28: Self-explanatory (similar to the questions on Form I-130; see Subsection 1a, above).

Question 29: List all your children. You’ll have a chance to identify which ones are immigrating with you later.

Question 30: Self-explanatory.

Question 31a: List only those children of yours who also have an approved I-130 visa petition and will be immigrating with you.

Question 31b: List only those children who have an approved I-130 visa petition and will be following to join you.

Sample Form DS-3032, Choice of Address and Agent

Sample Form DS-230 Part I—Page 1

Sample Form DS-230 Part I—Page 2

Sample Form DS-230 Part II, Application for Immigrant Visa and Alien Registration—Page 1

Sample Form DS-230 Part II, Application for Immigrant Visa and Alien Registration—Page 2

Questions 32-34: Self-explanatory.

Question 35: If you’ve spent more than 180 days in the United States without a valid visa or other right to live in the United States after April 1, 1997, you need to see a lawyer before going any further. (See Chapter 2, Section A2, “Dealing With Unlawful Time in the United States.”)

Don’t forget to sign this form at the bottom.

ii. Form DS-230 Part II

WEB RESOURCE

Form DS-230 Part II is available on the State Department website at www.state.gov. However, it’s best to use the form you receive from the NVC or U.S. consulate because it may be slightly different. Above is a sample filled-in version of this form.

Form DS-230 Part II is fairly short—it’s intended to give final confirmation of who you are and where you’re going. Most of this form is self-explanatory. Because consulates use slightly different versions of this form, we can’t give you the number that a question will appear under. Consequently, we’ll identify the questions by the language that they contain.

The “person you intend to join” and the “sponsoring person” both refer to your spouse. Enter his or her name, perhaps twice.

A few versions of the form still ask about your “purpose in going to the United States.” The answer is to “immigrate.” If the form asks for “length of intended stay,” your answer is “permanent.”

The “yes or no” questions (with boxes to check) refer to the grounds of inadmissibility described in Chapter 2. If you check “yes” on any of them, consult a lawyer immediately, before sending in the form.

Signature line: Don’t sign until the interview!

iii. Form I-864

Form I-864, the Affidavit of Support, is the primary form that your spouse and any joint sponsor will use to prove that he, she, or they are willing and able to support you. (You might need a joint sponsor to assist in supporting you if your spouse’s income and assets aren’t high enough to reach the government’s guidelines, as covered in Chapter 3.)

TIP

Some sponsors can use a simpler version of Form I-864. If the sponsor has enough income so that he or she doesn’t need to resort to assets or other help to sponsor the immigrant(s), it’s okay to use Form I-864EZ. And for those lucky couples who have been married long enough that the immigrant can be credited with 40 quarters of work through the U.S. citizen spouse, fill out Form I-864W to tell USCIS that you don’t need to fill out an Affidavit of Support at all. Both forms are available at www.uscis.gov.

Be sure to read Chapter 3, Section A, before beginning to fill in this form. The chapter contains analysis of the legal implications of this form and your strategy in filling it out.

WEB RESOURCE

Form I-864 is available on the USCIS website at www.uscis.gov. Below is a sample filled-in version of this form. Note that our sample assumes that the sponsor has a child of her own, from a previous relationship, who agrees to contribute to the household income.

As explained in Section 3, above, some applicants will be asked to submit this form before sending in their forms from the NVC. If you are one of these applicants, make sure your spouse sends you a copy to review and have with you at your visa interview.

Because this form may be filled in either by your spouse or by a joint sponsor, the instructions below usually refer to the “sponsor,” which refers to either of them.

These sections are self-explanatory, with the following notes:

• In Part 1, spouses check box a; long-lost cousins, fairy godmothers, and other nice friends who agreed to fill in this form as joint sponsors check either box d or box e.

• In Part 3, note that the list of children should include only those who will be immigrating with the immigrant spouse. If you mention any other children here, it will mean that the sponsor is agreeing to be sued if he or she fails to support them. In particular, it is unnecessary to name children who were born in the United States, because the sponsor has no obligation to support them (at least not under the immigration laws, though they will be counted elsewhere within this form to test the sponsor’s overall financial capacity).

• In Part 4, note that the sponsor’s place of residence must be in the United States in order for him or her to be eligible as a financial sponsor. If the sponsor is not currently living in the U.S., the I-864 will be approved only with a showing that he or she is abroad temporarily, has maintained ties to the U.S., and intends to reestablish domicile in the U.S. no later than the date that you are admitted to the U.S. as a permanent resident.

Some of the ways your spouse can show having maintained ties to the U.S. include having paid state or local taxes, maintained bank accounts in the U.S., and maintained a permanent U.S. mailing address. (Of course, if a permanent resident has been outside the U.S. for more than a year at a time without first getting USCIS permission, or has made so many short trips outside the U.S. for the last few years that he or she appears to be living outside the U.S. and only visiting, that person may be in danger of having the U.S. government decide that he or she has abandoned the right to permanent residence. That would be a disaster and the visa petition for you would be revoked.)

Part 5, Sponsor’s household size

This section is self-explanatory. Remember not to count anyone twice!

Part 6, Sponsor’s income and employment

Question 22: The sponsor needs to fill in information about his or her employment here. Self-employment is fine. Be aware that if a self-employed sponsor has underreported income in the past, the earnings shown may not be sufficient to support you. In that case, the sponsor will need to file an amended tax return and pay a penalty before the newly reported income is accepted as meeting the guidelines for sponsorship.

Question 23: Here, the sponsor is supposed to enter the income shown on his or her most recent tax return. But what if the sponsor’s income has risen since filing those taxes? In that case, the sponsor should enter the more recent income figure, but put an asterisk (an *) next to it. Then find some white space somewhere on the page and write “this figure reflects present earnings, not earnings shown on tax return; see supporting documentation.” The documentation the sponsor is already providing, such as an employer’s letter, should be enough to show current income.

Question 24: This question is important for sponsors whose income is not enough by itself, but who will be using the income of members of their household to help meet the Poverty Guidelines minimum requirements. First, every sponsor must state his or her own income. Then, if the sponsor wants other people’s income counted, they must be mentioned in Question 24b and the sponsor must check box d. Unless any one of these household members is the actual immigrant, they must plan to complete a separate agreement with the sponsor, using Form I-864A. The total income from the sponsor and household members goes in Question 24c.

Question 25: Self-explanatory.

Sample Form I-864, Affidavit of Support—Page 1

Sample Form I-864, Affidavit of Support—Page 2

Sample Form I-864, Affidavit of Support—Page 3

Sample Form I-864, Affidavit of Support—Page 4

Sample Form I-864, Affidavit of Support—Page 5

Sample Form I-864, Affidavit of Support—Page 6

Sample Form I-864, Affidavit of Support—Page 7

Sample Form I-864, Affidavit of Support—Page 8

Part 7, Use of assets to supplement income

The sponsor needs to complete this section only if his or her income wasn’t enough by itself to meet the Poverty Guidelines requirements. If the sponsor needs to add assets and he or she includes such items as a house, car, or boat, remember to subtract debts, mortgages, and liens before writing down their value in Question 26. And remember that the value of these assets will later be divided by five before being used to meet the Poverty Guidelines minimum.

If some of the assets being used to meet the minimum belong to a household member, enter the household member’s name in Question 27, along with the total amount the assets are worth. If some of the assets being used to meet the minimum belong to the immigrant, attach a separate page describing these (and of course attach documents to prove the assets’ ownership, location, and value).

If the combination of the sponsor’s available income and one fifth of the sponsor’s and/or the immigrant’s assets don’t yet meet the Poverty Guidelines minimum, you’ll still need to hand in this Affidavit. But you’ll definitely want to look for a joint sponsor or a participating household member.

Part 8, Sponsor’s Contract

Unlike past versions of this form, the sponsor’s signature no longer needs to be witnessed by a notary public.

TIP

Need to prepare Affidavits for several family members at once? If the sponsor is bringing in more than one person (you and your children) in the same process, he or she can simply copy Form I-864 (with supporting documents) the appropriate number of times after signing it.

iv. Form I-864A

Not every immigrant needs to submit Form I-864A. It is required only if, on the main Form I-864, the sponsor had to use the income of members of his or her own household to meet the Poverty Guidelines. In that case, the sponsor will have to ask these persons to fill in portions of Form I-864A. The sponsor must then attach the Form I-864A to the main Form I-864.

WEB RESOURCE

Form I-864A is available on the USCIS website at www.uscis.gov. Below is a sample filled-in version of this form.

Page 1 heading: Filled out by the household member. Self-explanatory.

Part 1: Self-explanatory; filled out by household member.

Part 2: This part is filled out and signed by the sponsor.

Part 3: Filled out and signed by the household member.

v. Form I-864W

Only a few lucky people will be able to use this form, namely those who are exempt from the Affidavit of Support requirement because the immigrant has either:

• worked lawfully for 40 Social Security quarters (approximately ten years) in the U.S.

• been married while the U.S. spouse worked for 40 Social Security quarters, or

• a combination of the above.

The deal is that a financial sponsor’s responsibility lasts until the immigrant has (among other possibilities) earned 40 work quarters credited toward Social Security. A work quarter is approximately three months, but it depends partly on how much you earn. So if you’ve already reached the 40 quarters on your own, through lawful employment—perhaps while in the U.S. as a student or H-1B worker—there’s no point in the sponsor filling out an Affidavit of Support for you. And, in an interesting twist, you can be credited for work done by your U.S. spouse if it was during your marriage.

You’ll need to prove to USCIS how many quarters of work your spouse or you have done. Contact Social Security about getting a certified statement with this information.

Because Form I-864W is fairly easy to fill out, we won’t include a sample here. The form is available at www.uscis.gov. In Part 2, you would check the first box.

b. Financial Documents to Have on Hand

When it comes to proving your sponsor’s capacity to support you financially, the consulate will require detailed, up-to-date information from trustworthy sources, as detailed below.

i. Documents to Accompany Form I-864

Form I-864 asks for several supporting documents. If your spouse is relying on a joint sponsor (someone outside the household), that person should also be told to assemble a set of these documents:

• A copy of your spouse/sponsor’s federal income tax returns for the last three years, with W-2s. Don’t include state tax forms. The immigration authorities prefer to see federal tax returns in the form of Internal Revenue Service (IRS) transcripts (an IRS-generated summary of the return that was filed). Transcripts can be requested using IRS Form 4506T (available from www.irs.gov or by calling 800-829-1040). However, it usually takes several weeks to receive the transcript. Don’t let this hold up the immigration process—if the transcript hasn’t come by the time you need to submit the Form I-864, simply use your sponsor’s personal photocopies of his or her tax returns.

• Proof of your sponsor’s current employment. Start with a letter from the sponsor’s employer describing the dates of employment, nature of the job, wages/salary, time worked per week, terms, and prospects for advancement. The sample letter below shows how one employer described a sponsor’s job and compensation. Also include copies of pay stubs covering the last six months, or the most recent stub if it shows cumulative pay. If the sponsor is self-employed, a tax return is acceptable, but it’s a good idea to add a business license, copies of current receipts, or other supporting documents.

• A list of assets, (the sponsor’s and/or the immigrant’s) if they must be used to meet the Poverty Guidelines’ minimum.

TIP

We’re advising you to prepare more than the minimum financial documents. Technically, you’re supposed to be asked for only one year’s tax returns, and that’s it. But because so many consulates ask for more, it makes sense to be ready with additional years’ tax returns plus a bank and employer letter.

There is no form to use for creating this list. Using a typewriter or word processor, prepare a list or table with the following information:

• a brief description of the item

• the item’s current value

• remaining debt (if any), and

• a brief description of the document you’ve attached to prove ownership (see below).

• Proof of ownership of assets (the sponsor’s and/or the immigrant’s), if any were listed. The Form I-864 itself does a good job of detailing which documents will be accepted as proof of ownership of assets, as explained on page 5, Use of Assets to Supplement Income. The value must be the likely sale price, not how much the sponsor paid for the property. For real estate, you can use a tax assessment to show the value. If the assessment seems too low, or for property other than real estate, the sponsor can hire a professional appraiser to prepare an estimate and report. For cars, the value listed in the Kelley Blue Book is acceptable. Look for the Kelley Blue Book at a library or bookstore, or online at www.kbb.com. The sponsor must also document the amount of any debt remaining on the property. If no debt remains, submit proof of final payment.

CAUTION

You may need to update your information later. By the time you get to your visa interview, circumstances may have changed for your sponsor, joint sponsor, or household joint sponsor. For example, if the sponsor or joint sponsor have new or different employment, bring a job letter and copies of recent pay stubs; and if a new tax year has begun, bring copies of the sponsor(s)’ most recent tax returns.

Sample Letter Showing Sponsor’s Employment

ii. Documents to Accompany Form I-864A

Form I-864A, the contract between your spouse and any household joint sponsors who are willing to contribute financially, also requires several supporting documents. These include not only proof of the joint sponsors’ financial capacity, but proof that they live with and are related to the main sponsor.

• Proof that the household joint sponsors live with the primary sponsor. To satisfy this requirement, you can include a copy of the rental agreement showing the household member’s name and copies of items that show the same address as the sponsor (such as a driver’s license, copies of school records, copies of utility bills, or personal correspondence).

• Proof that the household joint sponsors are related to the primary sponsor (if they’re not already listed as relations on the sponsor’s tax return). The best way to prove this family relationship is through birth certificates. For example, if the sponsor and household joint sponsor are parent and child, the child’s birth certificate will do. If they are brother and sister, providing both birth certificates will work (as long as the certificates show that they share the same parent or parents). If the birth certificates don’t make the family relationships clear, look for other official documents such as court or school records to confirm the parent-child links.

• Copies of the household joint sponsors’ tax returns for the last one to three years, preferably IRS-generated tax transcripts.

• Proof of the household joint sponsors’ employment, such as a letter from their employer confirming employment and recent pay stubs.

• A list of the household joint sponsors’ assets if they must be used to meet the Poverty Guidelines’ minimum. There is no form to use for creating this list. The household joint sponsors should simply prepare (on a typewriter or word processor) a list or table with the following information:

Sample Form I-864A, Contract Between Sponsor and Household Member—Page 1

Sample Form I-864A, Contract Between Sponsor and Household Member—Page 2

Sample Form I-864A, Contract Between Sponsor and Household Member—Page 3

• a brief description of the item

• its current value

• remaining debt (if any), and

• brief description of the document that has been attached to prove the sponsor owns the asset.

• Proof of ownership of household joint sponsors’ assets, if any were listed.

• A list of the benefit programs and dates of receipt if the household joint sponsor or their dependents have used financial need-based public benefits in the last three years.

c. Other Documents to Prepare

You’ll be asked to prepare various other documents, such as your birth certificate, marriage certificate, passport, and police certificates from countries where you’ve lived. These will be well-explained in the instructions you receive, so we won’t review them further here.

You need to obtain a police certificate (hopefully showing your clean record) only if such certificates are available in your country. You can find information on whether and how to obtain police certificates in your country on the State Department’s visa reciprocity tables at http://travel.state.gov (under “Visa for Foreign Citizens,” click “more,” from the left-hand column click “Fees and Reciprocity Tables,” then “Visa Issuance Fee–Reciprocity Tables,” from the drop-down menu; click “Visa Issuance Fee–Reciprocity Tables,” enter your country in the box, then scroll down for information).

If you don’t have a clean record, see a lawyer.

d. Documents Proving Your Marriage Is Bona Fide

You must present evidence that your marriage is a real one, not a sham. Gather and photocopy as many of the following items as possible:

• rental agreements, leases, or mortgages showing that you have lived together and/or have leased or bought property in both spouses’ names

• hotel and airplane receipts showing trips that you have taken together or to visit one another

• phone bills showing your conversations; copies of letters and emails

• your mutual child’s birth certificate, or a doctor’s report saying that you are pregnant

• joint bank statements

• joint credit card statements

• evidence that one spouse has made the other a beneficiary on his/her life or health insurance or retirement account

• auto registrations showing joint ownership and/or addresses

• joint club memberships

• receipts from gifts that you purchased for one another (these should be obvious gift-type purchases, like from a flower shop or candy store)

• letters from friends and family to each or both of you mailed at an address where you were living together

• photos of you and your spouse taken before and during your marriage, including at your wedding (the government knows wedding pictures can be faked, but some officers enjoy seeing them anyway). The photos should, if possible, include parents and other relatives from both families. Write the date taken and a brief description of what the photo shows on the back (or underneath, if you’re photocopying them). Don’t bother with the wedding or other videos—there won’t be time or a space to view them.

e. Using the Checklist for Step Four Interview Packet

This checklist notes every form, document, and other item included in the final packet that you and your spouse will need to assemble in preparation for your immigrant visa interview.

CHECKLIST

Appendix C includes a tear-out copy of this checklist.