Did you like how we did? Rate your experience!

4.5

satisfied

46 votes

Must a petitioner pay an affidavit of support fee despite of the?

First of all, the petitioner must file an I-864 Affidavit of Support in family-based immigration cases (with certain exceptions I wont go into). If the petitioners household income is insufficient to meet the required level, then a joint sponsor whose household income is sufficient to meet the required level can be used, in which case the joint sponsor would file a second I-864 Affidavit of Support. However, even when there is a joint sponsor, the petitioner still must file an I-864, even though the petitioners household income is not enough. If the petitioners household income is not enough, and no joint sponsor can be found, then the visa will be denied; in that case, the immigrant should not go through with Consular Processing, and just keep the petition alive by calling NVC once a year, until there comes a time when the petitioners household income is enough or a joint sponsor can be found. For someone going through with Consular Processing for an immigrant visa, the $120 Affidavit of Support fee is required. I am assuming that, if the petitioners household income is insufficient, that there is a joint sponsor whose household income is sufficient (otherwise, as I said above, there would be no point going forward with the application at this time). In that case, yes, the $120 Affidavit of Support fee is required, but only one $120 fee needs to be paid, even though there are two Affidavits of Support being filed. It doesnt matter who pays the fee, as long as its paid.

100%
Loading, please wait...