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Updated/new I-864 for AOS interview -- notarized?

Updated/new I-864 for AOS interview -- notarized?

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Old Nov 8th 2004, 10:00 pm
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Default Updated/new I-864 for AOS interview -- notarized?

Hi:

After reading a number of posts regarding the wisdom of bringing an updated I-864 to one's AOS interview (updated from the one filed with I-485), I was wondering if anyone knows whether this updated I-864 should also be notarized?

In our case, the only thing changing from the one we filed would be an updated employment letter (same employer, higher salary). We were comfortably over the minimum before, so this isn't really a material change.

Anyone have any thoughts and/or experiences on this?
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Old Nov 8th 2004, 10:22 pm
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Default Re: Updated/new I-864 for AOS interview -- notarized?

Originally Posted by vivsavage955
In our case, the only thing changing from the one we filed would be an updated employment letter (same employer, higher salary). We were comfortably over the minimum before, so this isn't really a material change.

Based on the information you've given, you have two options:

1) Leave things as they are and use the original I-864 you included in your application; or

2) Complete AND notarize a new I-864 to reflect the salary increase.

Since you previously earned more than the 125% anyway, and it's only been six months since you filed, you might as well just go with what you have.

~ Jenney
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Old Nov 8th 2004, 10:56 pm
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Default Re: Updated/new I-864 for AOS interview -- notarized?

Originally Posted by vivsavage955
Hi:

In our case, the only thing changing from the one we filed would be an updated employment letter (same employer, higher salary). We were comfortably over the minimum before, so this isn't really a material change.

Anyone have any thoughts and/or experiences on this?
I would bring an new one just for the heck of it.

Good Luck!
Marnee
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Old Nov 9th 2004, 12:04 am
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Default Re: Updated/new I-864 for AOS interview -- notarized?

Originally Posted by vivsavage955
Hi:

After reading a number of posts regarding the wisdom of bringing an updated I-864 to one's AOS interview (updated from the one filed with I-485), I was wondering if anyone knows whether this updated I-864 should also be notarized?

In our case, the only thing changing from the one we filed would be an updated employment letter (same employer, higher salary). We were comfortably over the minimum before, so this isn't really a material change.

Anyone have any thoughts and/or experiences on this?
Hi:

If you are not using a co-sponsor, you can sign the I-864 in front of the DAO and she will notarize it for you. The DAO's are empowered to administer oaths in the course of their duties.

Been there, done that -- many times.
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Old Nov 9th 2004, 3:17 pm
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Default Re: Updated/new I-864 for AOS interview -- notarized?

We filed for AOS on May 2003, and our AOS Interview was in October 2004. My wife changed jobs twice in that time, so we did a new, notarized I-864 and brought it along. But the Immigration Officer just asked for our 2003 tax returns and an up to date letter from my wife's employer. He didn't ask for a new I-864 or pay stubbs, but we were glad we brought them along too.
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Old Nov 9th 2004, 4:47 pm
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Default Re: Updated/new I-864 for AOS interview -- notarized?

Originally Posted by Folinskyinla
Hi:

If you are not using a co-sponsor, you can sign the I-864 in front of the DAO and she will notarize it for you. The DAO's are empowered to administer oaths in the course of their duties.

Been there, done that -- many times.
Excellent advice, thank you!
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Old Nov 22nd 2004, 11:18 pm
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Default Re: Updated/new I-864 for AOS interview -- notarized?

On Tue, 09 Nov 2004 01:04:38 +0000, Folinskyinla wrote:
    >If you are not using a co-sponsor, you can sign the I-864 in front of
    >the DAO and she will notarize it for you. The DAO's are empowered to
    >administer oaths in the course of their duties.

Wrong. At my wife's AOS interview we offered an updated I-864 and the
officer refused to accept it because it was not pre-signed and
notarized. She insisted that it CANNOT be notarized by a immigration
officer and such practice is illegal under CIS rules.
 
Old Nov 23rd 2004, 1:21 am
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Default Re: Updated/new I-864 for AOS interview -- notarized?

From the I-864 instructions (see last line):

Sponsor's Income Requirement
You must submit an affidavit of support for each applicant for
immigrant status. You may submit photocopies of this affidavit
for any spouse or children immigrating with an immigrant you
are sponsoring. For purposes of this form, a spouse or child is
immigrating with an immigrant you are sponsoring if he or she
is: 1) listed in Part 3 of this affidavit of support; and 2)
applies for an immigrant visa or adjustment of status within 6
months of the date this affidavit of support is originally
completed and signed. ****The signature on the affidavit must be
notarized by a notary public or signed before an Immigration or
a Consular officer.*****
.
.
.
As a sponsor, your household income must equal or exceed 125
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Old Nov 23rd 2004, 1:44 am
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Default Re: Updated/new I-864 for AOS interview -- notarized?

Originally Posted by bluesails
****The signature on the affidavit must be notarized by a notary public or signed before an Immigration or a Consular officer.*****
Well, this is exactly what Mr. F. was saying - the I-864 can be signed in front of the officer; it doesn't have to be notarized prior to the interview. The officer who did not accept the unsigned I-864 is an idiot!

Ian
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Old Nov 23rd 2004, 1:47 am
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Default Re: Updated/new I-864 for AOS interview -- notarized?

Originally Posted by Henry Hudson
On Tue, 09 Nov 2004 01:04:38 +0000, Folinskyinla wrote:
    >If you are not using a co-sponsor, you can sign the I-864 in front of
    >the DAO and she will notarize it for you. The DAO's are empowered to
    >administer oaths in the course of their duties.

Wrong. At my wife's AOS interview we offered an updated I-864 and the
officer refused to accept it because it was not pre-signed and
notarized. She insisted that it CANNOT be notarized by a immigration
officer and such practice is illegal under CIS rules.
Hi:

The officer was wrong.

Let me ask you something -- did the officer place you under oath before conducting the interview? If so, that is exactly what happens when they sign the I-864 that you signed it.
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