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A-Z Subject Listing for IV terms

A-Z Listing of IV Terms

If there is information you are looking for and cannot find, let us know at support-india@ustraveldocs.com.

See the U.S. Department of State A-Z Subject Index here.

Affidavit of Support - U.S. immigration law requires the U.S. citizen or permanent resident petitioner to prove that he or she will be able to support the visa applicant financially. In most family-based visa cases (click here for exceptions), the petitioner must submit a signed affidavit of support (Form I-864). An original, signed and notarized form I-864 "Affidavit of Support" is required for all beneficiaries of immediate-relative and family-based petitions (except IR-4 and SB-1 applicants). Photocopies of the I-864 may be submitted for accompanying family members.

The petitioner should execute the Affidavit of Support and submit the following:

  • Federal income tax return (form 1040 and W-2 forms) for the most recent year, or a statement why the petitioner did not file a federal income tax return in any of the past three years.
  • Evidence of assets such as bank statements and brokerage accounts, if the petitioner wants his/her assets considered.

If another member of the petitioner's household who is living at the same address wishes his/her income considered in relation to the Affidavit of Support, he/she must complete Form I-864A - "Contract Between Sponsor and Household Member" and provide the following:

  • Federal income tax return (form 1040 and W-2 forms) for the most recent year, or a statement why the household member did not file a federal income tax return in any of the past three years.
  • Evidence of assets such as bank statements and brokerage accounts, if the household member wants his/her assets considered.

If the petitioner's income is below the guidelines set at 125% of the U.S. poverty level, then another U.S. citizen or resident may submit an additional affidavit of support as a joint sponsor.

Claims of business income should be substantiated with evidence of the business, receipts, registration, the exact nature of the work, etc. An I-864 with all supporting documents must be submitted for each visa applicant including eligible accompanying family members. Photocopies may be submitted for accompanying family members.

Generally, Form I-864 is submitted to NVC before coming to the Embassy. You can check with your sponsor, and  if Form I-864 has already been submitted to NVC, you need not bring another.

All I-864 "Affidavits of Support" are a legally binding commitment to act as the financial sponsor of the applicant, once he/she arrives in the United States.

Before submitting the affidavit of support, be sure to review the "Checklist for Preparing the I-864". More information may also be found at the State Department's website.

Note on the validity of the I-864 and the I-864A: the I-864 and the I-864A must be submitted to a consular officer within twelve months of the date they are signed and notarized, or new forms will be required. A form submitted within twelve months of signature will have an unlimited validty and will not expire. However, a consular officer may require any supporting documents that are over twelve months old to be updated. (^back to top)

Affidavit of Support - Exceptions to the Requirement

Form I-864 is, therefore, not required in any case in which the visa applicant qualifies for automatic citizenship upon admission. That would include the following categories of immigrants:

  1. Orphan classified IR-3, provided the child will be admitted to the United States while still under age 18 and will be in the physical custody of the adoptive U.S. citizen parent at the time of admission;
  2. Adopted child classified IR-2 who meets the requirements of INA 101(b)(1)(E), provided the child will be admitted to the United States while under age 18 and will be in the physical custody of the adoptive U.S. citizen parent at the time of admission; and
  3. Child classified IR-2 (born in or out of wedlock) to a parent who is now a U.S. citizen, provided the child will be admitted to the United States while still under age 18 and will be in the physical custody of the U.S. citizen parent at the time of admission. (^back to top)

Birth Certificates

One certified copy of the birth certificate of each person named in the application is required. Birth records must be presented for all unmarried children under age 21, even if they do not wish to immigrate at this time (if children are deceased, so state so, giving year of death). The certificate must state that date and place of birth and the names of both parents. The certificate must indicate that it is an extract from official records. If any children were adopted, you must submit a certified copy of the final adoption decree. Photostatic copies are acceptable provided the original is available for inspection by the consular officer. (^back to top)

Birth Certificates not available?

In rare cases, it may be impossible to obtain a birth certificate because records have been destroyed or the government will not issue one. In such cases, you should obtain a statement to that effect from the civil registrar's office and proceed to obtain secondary evidence of birth. Other certificates, such as a baptismal certificate or school certificates may be submitted for consideration provided they contain the date of the applicant's birth and information concerning parentage. Should these certificates be unobtainable, a close relative, preferably the applicant's mother, should prepare a notarized statement giving the place and date of the applicant's birth, the names of both parents, and the maiden name of the mother. The statement must be executed before an official authorized to administer oaths or affirmations. In such cases, please bring any secondary evidence you might have concerning your birth such as a PAN card, driver's license, matriculation certificate, etc. (^back to top)

Court and Prison Records

Persons who have been convicted of a crime must obtain a certified copy of each court record and of any prison record, regardless of the fact that they may have benefited subsequently from an amnesty, pardon or other act of clemency. (^back to top)

Domicile

Section 213A of the Immigration and Naturalization Act of the United States of America requires that in order to sponsor an alien for legal permanent resident status, the sponsor must be domiciled in the United States.

Domicile is the place where a sponsor has his/her principal residence, the intention to maintain that residence for the future.

To show domicile, the sponsor must set up a principal residence in the United States. Typically, he/she will obtain a residence (house or apartment) and take up physical residence. There is no minimum time required to establish residence, but a credible demonstration of an actual residence in the United States is required.

A convincing combination of the following actions might be considered an indication of domicile:

  • Establishing an address in the United States
  • Setting up an maintaining bank accounts in the United States
  • Transferring funds to the United States
  • making and maintaining investments in the United States
  • Seeking employment in the United States
  • Applying for a social security number
  • Voting in local, state, or federal elections
  • enrolling children in schools
  • Paying U.S. income taxes
  • Taking steps to relinquish residency in a foreign country

Domicile is determined on a case by case basis. the burden of proving domicile lies with the sponsor, who must offer evidence sufficient for the adjudicating officer to make a finding. (^back to top)

Lost/Stolen Green Card

To be allowed to re-enter the United States if your green card is lost or stolen, you will need a Transportation Letter, which are issued by USCIS. Visit their New Delhi site office here. Inquiries pertaining to lost/stolen green cards are the responsibility of Customs and Border Protection. Forward your inquires to cbpindiapublicinq@state.gov (^back to top)

Passport

A passport must be valid for travel to the United States and must have at least eight months validity beyond the issuance date of the visa. If the appearance of the applicant has changed substantially since the passport was originally issued (such as in the case of minor children with passports issued at birth), then a new passport may be required. Minor children should have their own passports. (^back to top)

Police Certificates

See State Department website on Police Certificates here.

Each visa applicant over the age of 16 must present original police certificates. Police certificates must cover the entire period of the applicant's residence in any area. The term "police certificate" means a certification by appropriate police authorities stating what their records show concerning each applicant, including all arrests, the reasons for the arrests, and the disposition of each case of which there is a record. Police certificates from certain countries are considered unobtainable. For more information on poice certificate requirements see the instructions below:

Indian Citizens Age 16 and above, residing in India:

  • All Indian IV applicants aged 16 and above, residing in India, should obtain police certificates from the local passport office.

Indian Citizens Age 16 and above, residing outside India:

  • Indian passport holders applying for visas outside India should obtain a statement from their local embassy or consulate confirming they have no criminal record

Non-Indian IV applicants residing in India:

  • Non-Indian IV applicants residing in India should obtain police certificates from the District Police Station serving their area of residence.

All Applicants who have resided in any other country for one year or more:

  • All Immigrant Visa applicants who have resided in any country outside of India for 12 months or more while age 16 or over are required to present a police clearance certificate from that country, even if it is their home country. For additional information, see the State Department website on reciprocity.  To find information for the country in which you lived, click on the letter at the top that represents the first letter of the country in which you lived. For details on how to obtain a police clearance certificate, please contact the nearest consulate or Embassy of the country in which you have lived.

NOTE:

  • Police certificates are valid only for 12 months from the date of issuance.
  • Police certificates are not required for applicants under the age of 16. (^back to top)

Proof of Relationship with the Petitioner

For spouses of U.S. Citizens (IR-1, CR-1, and K-3 Visas), Spouses of Legal Permanent Residents (F-21 and V-1 Visas), and Spouses of Family-Based Visa Applicants (F-3 and F-4 Visas):

Primary: Marriage registration certificates issued by a recognized governing authority at the time of the marriage. Proof of the termination of any previous marriage must also be submitted (e.g. death certificate of former spouse, final decree of divorce or annulment). For Muslim marriages, please submit a registration certificate from the Wakf Board of the area in which the marriage took place. For Christian marriages, please provide a church-issued marriage certificate.

Secondary: Wedding invitations, wedding photographs or other reliable documents that show the relationship. For proof of an ongoing relationship, please submit such evidence as cards, letter, emails, photographs, phone records and other evidence that your relationship is on-going.

For Children (IR-2, IR-3, F-1, F-2, F-3, K-4 visas) and Parents (IR-5 visas) of U.S. Citizens, Children of Family-Based Visa Applicants (F-3 and F-4 visas), and Children of Fiance(e) Visa Applicants (K-2 visas):

Primary: Old Indian passports, birth registrations issued within one year of birth.

Secondary: Secondary school leaving certificates, ration cards, baptismal certificates, family documents such as land transfers and wills, original wedding invitations, college degree certificates, mark sheets, property certificates, family photos or other reliable documents that show the relationship.

For the Brother or Sister of a U.S. Citizen (F-4 visas):

Primary: Old Indian passports, birth registrations issued within one year of birth.

Secondary: Secondary school leaving certificates, ration cards, baptismal certificates, family documents such as land transfers and wills, college degree certificates, mark sheets, property certificates, family photos or other reliable documents that show the relationship.

NOTE: The documents of both the petitioner and beneficiary must show parents(s) name(s) to be considered in connection with the immigrant visa application.