I-361
Affidavit of Financial Support and Intent to Petition for Legal Custody for Public Law 97-359 Amerasian
Form I-361, Affidavit of Financial Support and Intent to Petition for Legal Custody for Public Law 97-359 Amerasian, supports Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, when the beneficiary is being classified as an Amerasian under Public Law 97-359. USCIS describes it as the sponsor's agreement to provide financial support for a 5-year period, or to petition a court for legal custody of an Amerasian under 18 years of age.
The instructions say this affidavit may be used only to sponsor persons born in Korea, Laos, Vietnam, Kampuchea and Thailand after December 31, 1950, and before October 22, 1982, who were fathered by U.S. citizens.
It is not mailed on its own. The USCIS page says the sponsor swears to or affirms the affidavit before a USCIS officer in the United States, or a U.S. immigration or consular officer outside the United States, and that it is submitted along with Form I-360.
Name, date and place of birth, A-Number and Social Security number if any, USCIS online account number, physical and mailing address, how U.S. citizenship was acquired with certificate details, and the date you started residing in the United States.
The Amerasian's name, date of birth, sex, country of birth, A-Number if any, marital status, relationship to the sponsor and physical address.
Employer, annual income, self-employment, bank deposits, personal property, stocks and bonds, life insurance, real estate and mortgages, people dependent on you for support, and earlier affidavits of support or visa petitions for other beneficiaries.
Interpreter and preparer boxes, contact details, and certifications that include the 5-year support pledge at a level of at least 125 percent of the poverty line, the custody petition for a beneficiary under 18 and payment of interim costs.
Name, organization, address, contact details and certification for anyone who interpreted or prepared the affidavit. An attorney or accredited representative marks whether the representation extends beyond preparing it.
The oath signature, made in front of a USCIS or consular officer who completes the USCIS or Consulate Certification with the date and time, and extra space for longer answers.
Type or print in black ink. Answer every question, writing N/A where a question does not apply and None for a zero. On a printed copy, keep the edition date and page numbers visible, with all pages from the same edition.
Enter income, deposits, property, stocks and bonds, life insurance and real estate. The form asks for an attached list of stocks and bonds and, for a self-employed sponsor, the last income tax return or a report of commercial rating concern.
Items 12 to 15 name each person who depends on you for support, wholly or partially. Items 16 to 19 cover affidavits of support or visa petitions for other beneficiaries. Part 8 holds anything that does not fit.
Select whether you read the affidavit yourself or an interpreter read it to you, mark the preparer box if someone helped, add contact details and sign. The instructions say a stamped or typewritten name is not accepted.
The form says not to sign the oath until you are in front of a USCIS or consular officer, who then signs and dates the certification. This page lets you fill the form online free, then print it for the oath.
You get the real form, filled in a browser tab, with nothing standing between you and the finished PDF.
The USCIS page says the affidavit is sworn to or affirmed before a USCIS officer if the sponsor is in the United States, or a U.S. immigration or consular officer if outside, and is submitted along with Form I-360.
The USCIS page points to its Fee Schedule page, and the instructions point to Form G-1055. Fees can change, so check them on the day you file.
The instructions list a statement from a bank officer (date the account opened, deposits for the past year and present balance), an employer statement (dates, salary, temporary or permanent job), the last tax return or a commercial rating report if self-employed, and a list of bonds.
Send legible photocopies unless an original is requested. A foreign-language document goes with a full English translation and the translator's certification, signature, printed name, date and contact information.
The instructions say the Secretary of Homeland Security may enforce the guarantee in a civil suit in the U.S. district court where the sponsor resides, and that the sponsor or estate is not liable after death or a bankruptcy adjudication under Title 11.
The USCIS page says an unsigned form is rejected. The instructions accept a photocopied, faxed or scanned copy of an original with a handwritten signature.
I-360
510 fields, 19 pages
I-363
198 fields, 7 pages
G-28
101 fields, 4 pages
G-1055
64 fields, 58 pages
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No. The USCIS page says it is used in support of Form I-360 and submitted along with it, after being sworn to or affirmed before a USCIS, immigration or consular officer.
The instructions say only persons born in Korea, Laos, Vietnam, Kampuchea and Thailand after December 31, 1950, and before October 22, 1982, who were fathered by U.S. citizens.
The certification covers the 5-year period starting on the date the person becomes a lawful permanent resident, or the period ending at age 21, whichever is longer, at a level of at least 125 percent of the official poverty line for the family size.
The form says not to sign it until you are in front of a USCIS or consular officer. The officer then signs the certification and enters the date and time of the affirmation.
The instructions say the guarantee may be enforced in a civil suit in the U.S. district court for the district where the sponsor resides. The sponsor or the sponsor's estate is not liable after death or a bankruptcy adjudication under Title 11.
USCIS fees change, so this page does not list one. The I-361 page links to the USCIS Fee Schedule, and the instructions point to Form G-1055.
