questions & answers

Question: I am a foreign national married to a US citizen and am currently preparing my immigration package to become a permanent resident. For the affidavit of support I got a bank statement showing payments from my main source of income, but it contains a disclaimer from the bank stating that they do not guarantee its correctness. I am worried it might affect whether it is accepted as evidence. Could this disclaimer become a problem in the immigration process?

Answer: For specific legal advice as to how the court would view the disclaimer from the bank as evidence, it may be in your best interest to contact an attorney. Affidavits of support are just one of the various forms one needs to submit to apply for legal citizenship; the others include the I-130, the I-325A, the I-485, a medical report, an employment authorization document (EAD), the advance parole (travel document), and all the associated photographs and fees. If the foreign national’s affidavit of support cannot be processed for whatever reason, the USCIS may contact the applicant and request an interview, or more information or evidence. To contact a representative and obtain more immigration-related information, contact the USCIS National Customer Service Center at 1-800-375-5283. However, if the affidavit of support is not accepted for any reason, the spouse of the immigrant can sponsor him or her for a family based green card through an Affidavit of Support through Form I-864. This form is a legally enforceable contract which ensures the sponsor financially provides for the immigrant. The U.S. government or the immigrant can sue the sponsor at any time (even after divorce) for failure to financially support the immigrant; therefore this Affidavit of Support should be seriously considered before signing.