As the saying goes, never let a good crisis go to waste. While the world is reeling from COVID-19 and the significant disruption it has caused everyone’s daily lives, the Department of Homeland Security and U.S. Citizenship and Immigration Services have quietly proposed a rule making changes to the Form I-864 – Affidavit of Support and supporting documentation requirements. The new rule would require I-864 sponsors to submit their personal bank account information, as well as that from household members. USCIS will also now require that all I-864s be notarized prior to submission, adding an additional undue burden to an already burdensome process (and that is not even bringing up the likely significant difficulty in getting a document notarized during the coronavirus pandemic). This proposed rule appears to be nothing more than another brick in Trump’s invisible wall.
Comments to the new proposed rule are due by May 11, 2020.
Copied from the Federal Register:
USCIS has made changes to better inform sponsors and household members of their support obligations and better ensure the support obligations, as agreed to by completing and signing the Form I-864, Form I-864EZ, or Form I-864A, will be met.
Changes to the Form I-864 and Form I-864EZ include collection of bank account information from sponsors, information about previously submitted Affidavits, and optional submission of a credit report as evidence. Language throughout the forms was modified to ensure greater clarity regarding the sponsor’s obligations. USCIS also added additional language under the `Sponsor’s Certification’ section of the forms further outlining the sponsor’s obligations and the consequences of submitting Form I-864 and Form I-864EZ.
Changes to Form I-864A include collection of bank account information from household members and optional submission of a credit report as evidence. USCIS also added additional language under the `Sponsor’s Certification’ section, plus the `Household Member’s Contract, Statement, and Certification’ section of the form further outlining the sponsor’s and household member’s obligations and the consequences of submitting Form I-864A. USCIS further added a separate interpreter and preparer section for the sponsor on Form I-864A.
USCIS will now also require that Form I-864, Form I-864EZ, and Form I-864A be notarized prior to submission to the agency.
USCIS has made changes to the Instructions for Form I-864, Form I-864EZ, and Form I-864A adding language to more thoroughly explain the purpose of the forms, the sponsor’s and household member’s obligations as a result of the forms being accepted by USCIS as sufficient and the support obligations taking effect, and the consequences if the support obligations are not met. The requirements regarding which children immigrating based on adoption need to submit a Form I-864 executed on their behalf is now outlined in greater detail; which of these children can have a sponsor execute a Form I-864EZ on their behalf is also outlined in greater detail. USCIS also added a section to list and explain the eligibility requirements for being a sponsor. Language explaining the age limitations for spousal relationships involving a minor was also added.
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