Sponsor of Affadavit of Support has moved??
Feb 21st 2001, 5:56 am
#1
Guest
Posts: n/a
I'm the sponsor of the Affadavit of Support (I-864) for my husband. We will file soon
and we are planning to move in January. We will still have the same local INS office
and I know we have to inform them with a letter, BUT must we use the form (i forget the
number) that notifies INS that the sponsor of the affadavit of support has moved? Or is
this not necessary until after our AOS is approved because I know we'll have to file a
new Affadavit of Support by the time our interview rolls around in about 2 years?
Thanks everyone.
Sandy the newlywed
and we are planning to move in January. We will still have the same local INS office
and I know we have to inform them with a letter, BUT must we use the form (i forget the
number) that notifies INS that the sponsor of the affadavit of support has moved? Or is
this not necessary until after our AOS is approved because I know we'll have to file a
new Affadavit of Support by the time our interview rolls around in about 2 years?
Thanks everyone.
Sandy the newlywed
Feb 21st 2001, 12:02 pm
#2
Guest
Posts: n/a
No because the affidavit of support does not become legally enforceable until the AOS is
approved. If you want to you can submit the I-865 anyway but it is not required.
Andy.
--
I'm not really here - it's just your warped imagination.
> I'm the sponsor of the Affadavit of Support (I-864) for my husband. We will file soon
> and we are planning to move in January. We will still have the same local INS office and
> I know we have to inform them with a letter, BUT must we use the form (i forget the
> number) that notifies INS that the sponsor of the affadavit of support has moved? Or is
> this not necessary until after our AOS is approved because I know we'll have to file a
> new Affadavit of Support by the time our interview rolls around in about 2 years? Thanks
> everyone.
>
> Sandy the newlywed
>
>
>
approved. If you want to you can submit the I-865 anyway but it is not required.
Andy.
--
I'm not really here - it's just your warped imagination.
> I'm the sponsor of the Affadavit of Support (I-864) for my husband. We will file soon
> and we are planning to move in January. We will still have the same local INS office and
> I know we have to inform them with a letter, BUT must we use the form (i forget the
> number) that notifies INS that the sponsor of the affadavit of support has moved? Or is
> this not necessary until after our AOS is approved because I know we'll have to file a
> new Affadavit of Support by the time our interview rolls around in about 2 years? Thanks
> everyone.
>
> Sandy the newlywed
>
>
>
Feb 22nd 2001, 6:33 am
#3
Guest
Posts: n/a
Thank you Andy I really appreciate it. What would your advice be? File the I-865 anyway or
would it just make things more complicated? Thanks again.
Sandy the newlywed
would it just make things more complicated? Thanks again.
Sandy the newlywed
Feb 22nd 2001, 12:28 pm
#4
Guest
Posts: n/a
My advice is to not file the I-865 at all because the law is pretty straightforward on
this issue. Mr. Udall's advice is to contact the local office and see what their policy is
and that seems like good advice too. FWIW, when we moved I had my wife file an I-865 but
that was before I saw the following memo:
http://www.ins.usdoj.gov/graphics/services/clarify.pdf
See where it explicitly states that the I-864 becomes enforceable when the immigrant
becomes a permanent resident. *not* when the I-485 is filed. The law about filing the
I-865 is here:
TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) 8 CFR: SUBCHAPTER B -- IMMIGRATION
REGULATIONS 8 CFR PART 213a--AFFIDAVITS OF SUPPORT ON BEHALF OF IMMIGRANTS (Part 213a
added effective 12/19/97; 62 FR 54346) § 213a.3 Notice of change of address.
"(a) General. If the address of a sponsor (including a joint sponsor) changes for any
reason while the sponsor's support obligation under the affidavit of support remains in
effect with respect to any sponsored immigrant, the sponsor shall file Form I-865,
Sponsor's Notice of Change of Address, with the Service no later than 30 days after the
change of address becomes effective."
Note it says "while the sponsor's support obligation ... remains in effect ...". Since it
is not in effect until the alien has adjusted status it is not required. You'll provide a
new I-864 at the AOS interview.
Andy.
--
I'm not really here - it's just your warped imagination.
> Thank you Andy I really appreciate it. What would your advice be? File the I-865 anyway
> or would it just make things more complicated? Thanks again.
>
> Sandy the newlywed
>
>
>
this issue. Mr. Udall's advice is to contact the local office and see what their policy is
and that seems like good advice too. FWIW, when we moved I had my wife file an I-865 but
that was before I saw the following memo:
http://www.ins.usdoj.gov/graphics/services/clarify.pdf
See where it explicitly states that the I-864 becomes enforceable when the immigrant
becomes a permanent resident. *not* when the I-485 is filed. The law about filing the
I-865 is here:
TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) 8 CFR: SUBCHAPTER B -- IMMIGRATION
REGULATIONS 8 CFR PART 213a--AFFIDAVITS OF SUPPORT ON BEHALF OF IMMIGRANTS (Part 213a
added effective 12/19/97; 62 FR 54346) § 213a.3 Notice of change of address.
"(a) General. If the address of a sponsor (including a joint sponsor) changes for any
reason while the sponsor's support obligation under the affidavit of support remains in
effect with respect to any sponsored immigrant, the sponsor shall file Form I-865,
Sponsor's Notice of Change of Address, with the Service no later than 30 days after the
change of address becomes effective."
Note it says "while the sponsor's support obligation ... remains in effect ...". Since it
is not in effect until the alien has adjusted status it is not required. You'll provide a
new I-864 at the AOS interview.
Andy.
--
I'm not really here - it's just your warped imagination.
> Thank you Andy I really appreciate it. What would your advice be? File the I-865 anyway
> or would it just make things more complicated? Thanks again.
>
> Sandy the newlywed
>
>
>
