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Immigrants to the United States

Glossary of IV Documents and Term 

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 may be submitted for accompanying family members, but must have original signatures and notarizations. Photocopies of the signature and notarization will not be accepted.

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.
  • If the petitioner wants his/her assets considered, evidence of assets such as bank statements and brokerage accounts.

If another member of the petitioner's household who is living at the same address wishes his/her income to be 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 returns (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.
  • If the household member wants his/her assets considered, evidence of assets such as bank statements and brokerage accounts.

If the petitioner's income is below the guidelines set at 125% of the U. S. poverty level (see link on the right side of this page), 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, but must have original signatures and notarizations. Photocopies of the signature and notarization will not be accepted.

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 (Form I-864 or Form I-864A), be sure to review the "Checklist for Preparing the I-864". More information may also be found at the State Department's web site.

Note on the validity of the I-864 and I-864A: The I-864 and 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 validity and will not expire. However, a consular officer may require any supporting documents that are over twelve months old to be updated.

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Exceptions to Requirement for an Affidavit of Support (I-864)

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;

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Application (Form DS230)

This form available here is the Applicantion for an Immigrant Visa.

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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, giving year of death.) The certificate must state the 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.

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Birth Certificate 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.

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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.

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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 in the United States, the sponsor must be domiciled in the United States.

Domicile means the place where a sponsor has his or her principal residence, with the intention to maintain that residence for the future. 

To show that you have a domicile, you (the sponsor) must set up a principal residence in the United States. Typically, you 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 and 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.

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Medical Report

Click here for detailed information about the required Medical Report.

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Packet 4

This packet contains the forms that Immigrant Visa applicants need to fill out prior to their interview at Consulate General Chennai. It is very important that applicants follow all instructions carefully and fill out all necessary forms. The forms are available here.

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Passport

A passport must be valid for travel to the United States and must have at least six 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.

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Police Certificates

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 police certificate requirements see the chart below:
 
If the applicant... AND... THEN the applicant needs a clearance from...
is residing in India and his or her Indian passport was issued within past 6 months is 16 years old or older 1. Passport office
passport was issued more than 6 months prior to visa application is 16 years old or older 1. Passport office
2. The district police office serving the applicant's place of residence
is an Indian passport holder and is staying outside India is 16 years old or older 1. Applicant's local Embassy or Consulate confirming he/she has no criminal record (a statement from Embassy or Consulate is acceptable)
is an Indian passport holder and currently resident in India, but has lived in another country (except for the U. S.). lived in the foreign country for twelve or more months after reaching the age of 16 years. 1. Passport office
2. District police office serving the applicant's place of residence (if the passport was issued more than 6 months prior to visa application).
3. Country of previous residence, if available. More information can be found at http://www.travel.state.gov/visa/
reciprocity/index.htm
is a non-Indian immigrant visa applicant residing in India is 16 years old or older District police station serving the area of residence
is a foreign (non-Indian) applicant applying outside India is 16 years old or older not available

















































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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, letters, emails, photographs, phone records and other evidence that your relationship is continual.

For Children (IR-2, IR-3, F-1, F-24, F-3 and 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, original wedding invitations, 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 parent(s) name(s) to be considered in connection with the immigrant visa application.

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Supplemental Registration

This form, available here, is sometimes required to provide more biographical information about immigrant visa applicants.

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Visa Photographs

Here are the requirements for visa photographs:

  • Four full-face photographs taken within the last six months. No side or angled views are acceptable.
  • The photograph needs to identify the person accurately.
  • The photograph should measure 2 inches x 2 inches (roughly 50 mm x 50 mm) with the head centered in the frame.
  • The head (measured from the top of the hair to the bottom of the chin) should measure between 1 inch to 1 3/8 inches (28 mm and 35 mm) from the bottom of the photo.
  • The photograph must have a white or off-white background. Photos with colored, dark or patterned backgrounds will not be accepted.
  • For persons wearing glasses, there must be no reflection around the eyes.  Photos with reflections will not be accepted.
  • A photograph of a person wearing a traditional facemask or veil that does not permit adequate identification is not acceptable. Head coverings or hats are acceptable only when they are worn out of religious belief, and then only when the applicant's face is completely exposed.
  • Since a separate visa is issued to each qualified applicant, an individual photo is required in all cases. Group photos are not acceptable.

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