TN 8 (10-00)

SI 00502.215 The Affidavits of Support

A. Definitions

1. Old Version Affidavit of Support

An old version affidavit of support is a legally unenforceable affidavit of support (Department of Homeland Security (DHS) Form I-134 or similar form) used by DHS in sponsorship cases where the sponsor was not or is not required to sign the new version affidavit of support.

2. New Version Affidavit of Support

A new version affidavit of support is the legally enforceable affidavit of support (DHS Form I-864 or similar form) used by DHS for applications for immigrant visas or for adjustments of status filed on or after 12/19/97. DHS will require the sponsor to complete this affidavit for:

  • all immediate relative immigrants;

  • all family-based immigrants; and

  • employment-based immigrants who will be working for a relative or a company in which a relative owns 5% or more of the company.

B. Policy--determining sponsorship and type of affidavit of support

DHS will certify whether an alien has a sponsor and, if so, what kind of affidavit the sponsor signed. Determining which affidavit of support was signed is critical since deeming will apply differently.

1. Old Version Affidavits of Support

All affidavits signed prior to 12/19/97 are old version affidavits of support. This includes cases where the applicant may have entered the country AFTER 12/19/97, but applied for an immigrant visa BEFORE 12/19/97. Old version affidavits of support will also be used with cases of sponsored aliens other than those described in SI 00502.215A.2.

2. New Version Affidavits of Support

Generally, in family-based immigration situations, an affidavit of support signed on or after 12/19/97 will be a new version affidavit of support (SI 00502.215A.2.). However, if the alien had an official interview with an immigration officer prior to 12/19/97, a new version affidavit may not be required. Since we are unable to determine when such interviews have occurred, verification with DHS is needed. (See SI 00502.240 for verification procedure, and SI 00502.215C. for a list of immigration codes that may indicate the alien was sponsored under a new version affidavit.)

C. List of immigration codes indicating new version affidavit may have been used

C20

Child of an alien classified as C24 or C29 - conditional.

C21

Spouse of a lawful permanent resident alien (subject to country limitations) - conditional.

C22

Stepchild (under 21 years of age) of a lawful permanent resident alien (subject to country limitations) - conditional.

C23

Child of an alien classified as C21, C22, C26, or C27 (subject to country limitations) - conditional.

C24

Unmarried son or daughter (21 years of age or older) who is a stepchild of a lawful permanent resident alien (subject to country limitations) - conditional.

C25

Child of an alien classified as C24 or C29 - conditional.

C26

Spouse of a lawful permanent resident alien (subject to country limitations) - conditional.

C27

Stepchild (under 21 years of age) of a lawful permanent resident alien (subject to country limitations) - conditional.

C28

Child of an alien classified as C21, C22, C26, or C27 (subject to country limitations) - conditional.

C29

Unmarried son or daughter (21 years of age or older) who is a stepchild of a lawful permanent resident alien (subject to country limitations) - conditional.

C31

Married son or daughter who is a stepchild of a U.S. citizen - conditional.

C32

Spouse of an alien classified as C31 or C36 - conditional.

C33

Child of an alien classified as C31 or C36 - conditional.

C36

Married son or daughter who is a stepchild of a U.S. citizen - conditional.

C37

Spouse of an alien classified as C31 or C36 - conditional.

C38

Child of an alien classified as C31 or C36 - conditional.

CF1

Alien whose record of admission is created upon the conclusion of a valid marriage contract after entering as a fiance or fiancee of a U.S. citizen - conditional.

CF2

Minor stepchild of an alien classified as CF1 - conditional.

CR1

Spouse of a U.S. citizen - conditional.

CR2

Stepchild of a U.S. citizen - conditional.

CR6

Spouse of a U.S. citizen - conditional.

CR7

Stepchild of a U.S. citizen - conditional.

CX1

Spouse of a lawful permanent resident alien (exempt from country limitations)- conditional.

CX2

Stepchild (under 21 years of age) of a lawful permanent resident alien (exempt from country limitations) - conditional.

CX3

Child of an alien classified as CX2 or CX7 (exempt from country limitations) - conditional.

CX6

Spouse of a lawful permanent resident alien (exempt from country limitations)- conditional.

CX7

Stepchild (under 21 years of age) of a lawful permanent resident alien (exempt from country limitations) - conditional.

CX8

Child of an alien classified as CX2 or CX7 (exempt from country limitations) - conditional.

E10

Child of a priority worker classified as E11, E16, E12, E17, E13, or E18.

E11

Priority worker - alien with extraordinary ability.

E12

Priority worker - outstanding professor or researcher.

E13

Priority worker - certain multinational executive or manager.

E14

Spouse of a priority worker classified as E11, E16, E12, E17, E13, or E18.

E15

Child of a priority worker classified as E11, E16, E12, E17, E13, or E18.

E16

Priority worker - alien with extraordinary ability.

E17

Priority worker - outstanding professor or researcher.

E18

Priority worker - certain multinational executive or manager.

E19

Spouse of a priority worker classified as E11, E16, E12, E17, E13, or E18.

E21

Professional holding an advanced degree or of exceptional ability.

E22

Spouse of an alien classified as E21 or E26.

E23

Child of an alien classified as E21 or E26.

E26

Professional holding an advanced degree or of exceptional ability.

E27

Spouse of an alien classified as E21 or E26.

E28

Child of an alien classified as E21 or E26.

E30

Child of a skilled worker or professional classified as E31, E36, E32, or E37.

E31

Alien who is a skilled worker.

E32

Professional who holds a baccalaureate degree or who is a member of a profession.

E34

Spouse of a skilled worker or professional classified as E31, E36, E32, or E37.

E35

Child of a skilled worker or professional classified as E31, E36, E32, or E37.

E36

Alien who is a skilled worker.

E37

Professional who holds a baccalaureate degree or who is a member of a profession.

E39

Spouse of a skilled worker or professional classified as E31, E36, E32, or E37.

EW0

Child of an alien classified as EW3 or EW8.

EW3

Other worker performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

EW4

Spouse of an alien classified as EW3 or EW8.

EW5

Child of an alien classified as EW3 or EW8.

EW8

Other worker performing unskilled labor, not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

EW9

Spouse of an alien classified as EW3 or EW8.

F11

Unmarried son or daughter of a U.S. citizen.

F12

Child of an alien classified as F11 or F16.

F16

Unmarried son or daughter of a U.S. citizen.

F17

Child of an alien classified as F11 or F16.

F20

Child of an alien classified as F24 or F29 (subject to country limitations).

F21

Spouse of a lawful permanent resident alien (subject to country limitations).

F22

Child (under 21 years of age) of a lawful permanent resident alien (subject to country limitations).

F23

Child of an alien classified as F21 or F26 (subject to country limitations).

F24

Unmarried son or daughter (21 years of age or older) of a lawful permanent resident alien (subject to country limitations).

F25

Child of an alien classified as F24 or F29 (subject to country limitations).

F26

Spouse of a lawful permanent resident alien (subject to country limitations).

F27

Child (under 21 years of age) of a lawful permanent resident alien (subject to country limitations).

F28

Child of an alien classified as F21 or F26 (subject to country limitations).

F29

Unmarried son or daughter (21 years of age or older) of a lawful permanent resident alien (subject to country limitations).

F31

Married son or daughter of a U.S. citizen.

F32

Spouse of an alien classified as F31 or F36.

F33

Child of an alien classified as F31 or F36.

F36

Married son or daughter of a U.S. citizen.

F37

Spouse of an alien classified as F31 or F36.

F38

Child of an alien classified as F31 or F36.

F41

Brother or sister of a U.S. citizen.

F42

Spouse of an alien classified as F41 or F46.

F43

Child of an alien classified as F41 or F46.

F46

Brother or sister of a U.S. citizen.

F47

Spouse of an alien classified as F41 or F46.

F48

Child of an alien classified as F41 or F46.

FX1

Spouse of a lawful permanent resident alien (exempt from country limitations).

FX2

Child (under 21 years of age) of a lawful permanent resident alien (exempt from country limitations).

FX3

Child of an alien classified as FX1, FX2, FX7, or FX8 (exempt from country limitations).

FX6

Spouse of a lawful permanent resident alien (exempt from country limitations).

FX7

Child (under 21 years of age) of a lawful permanent resident alien (exempt from country limitations).

FX8

Child of an alien classified as FX1, FX2, FX7, or FX8 (exempt from country limitations).

IF1

Alien whose record of admission is created upon the conclusion of a valid marriage contract after entering as a fiance or fiancee of a U.S. citizen.

IF2

Minor child of an alien classified as IF1.

IR0

Parent of a U.S. citizen.

IR1

Spouse of a U.S. citizen.

IR2

Child of a U.S. citizen.

IR3

Orphan adopted abroad by a U.S. citizen.

IR4

Orphan to be adopted by a U.S. citizen.

IR5

Parent of a U.S. citizen.

IR6

Spouse of a U.S. citizen.

IR7

Child of a U.S. citizen.

IR8

Orphan adopted abroad by a U.S. citizen.

IR9

Orphan to be adopted by a U.S. citizen.

NA3

Child born during the temporary visit abroad of a mother who is a lawful permanent resident alien or national of the United States.

XE3

Child born subsequent to the issuance of a visa. Parent is employment-based preference immigrant.

XF3

Child born subsequent to the issuance of a visa. Parent is a family-based preference immigrant.

XR3

Child born subsequent to the issuance of a visa. Parent is an immediate relative immigrant.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0500502215
SI 00502.215 - The Affidavits of Support - 08/05/2014
Batch run: 08/05/2014
Rev:08/05/2014