Form I-361 Guide

USCIS evaluates the sponsor's financial capability, legal status, and commitment to petition for custody. A common mismatch occurs when the financial evidence does not meet the required thresholds, such as failing to show sufficient income or resources.

• Provide bank statements to show financial stability.
• Include employment verification letters detailing your salary.
• Attach tax returns to demonstrate income if self-employed.
• List any bonds to show additional financial resources.

• Missing required evidence of financial support, such as bank statements or employment letters.
• Invalid or missing signatures on the affidavit, which can lead to rejection.
• Failure to provide translations for foreign documents submitted with the application.
• Inconsistencies in the financial documentation that do not align with the stated income or resources.
• Not submitting the affidavit within the required timeframe, which can result in denial.

• You must be a U.S. citizen or lawful permanent resident.
• Sponsor must be at least 21 years old.
• Financial support must meet 125% of the poverty line.
• Petition for legal custody must be filed within 30 days.
• Submit all evidence requested in the Supporting Evidence section.

• Special Sponsorship Requirement

  Prepare to demonstrate your commitment to petition for legal custody within 30 days of the Amerasian's arrival.

• General Instructions

  Follow the guidelines for completing the form accurately and legibly.

• Supporting Evidence

  Gather all necessary financial documents to support your affidavit.

• Address Change

  Notify USCIS of any address changes within 10 days if you are not a U.S. citizen.

• Processing Information

  Understand the processing steps and potential requests for additional information.

• DHS Privacy Notice

  Review how your information will be used and protected by DHS.

• Family Name (Last Name)
• Given Name (First Name)
• Middle Name
• Date of Birth (mm/dd/yyyy)
• U.S. Social Security Number (if any)
• USCIS Online Account Number (if any)
• Physical Address
• Mailing Address
• Alien Registration Number (A-Number) (if any)
• Are you a U.S. citizen?
• Marital Status
• of Public Law 97-359 Amerasian
• What Is the Purpose of Form I-361?
• Who May Sponsor a Public Law 97-359 Amerasian?
• What Are the Financial Sponsorship Requirements?
• How To Complete Form I-361
• Information or attach a separate sheet of paper. Type or print your name and Alien Registration Number (A-Number)
• State consular officer
• A. Date the account was opened;

• Evidence of identity (passport, government ID, or USCIS-issued document).
• Evidence of current immigration status or admission/parole.
• Evidence that supports the eligibility category selected.
• Evidence of any required family relationship or sponsorship.
• Evidence of sponsor income and household size.

• Missing the handwritten signature on the affidavit.
• Submitting original documents when not required.
• Failing to provide required evidence of financial support.
• Not answering all questions fully, leading to 'N/A' responses.
• Using a typewritten name instead of a signature.
• Omitting translations for foreign language documents.

• Situation: An applicant is preparing I-361 and must include all required evidence. Task: They submit a complete packet within a 30-day preparation window. Action: They compile identity records, eligibility evidence, and the filing fee before submitting. Result: The petition is accepted without a request for missing items.
• Situation: A filer is close to a deadline for I-361. Task: They submit within the required 90-day timeline. Action: They finalize the packet and file within the stated window. Result: The case proceeds without a late-filing issue.
• Situation: A petitioner must reference a receipt number. Task: They match the receipt number to the underlying petition. Action: They include the exact receipt number on I-361 and attach the notice copy. Result: USCIS can verify the underlying filing quickly.

• Some believe that a typed name can replace a signature, but only handwritten signatures are valid as per the instructions. This is crucial for the acceptance of the affidavit.
• It's a misconception that all documents must be originals; photocopies are acceptable unless specified otherwise. This can help protect important documents from being lost or destroyed.
• Many think that financial support is optional, but it is a requirement for the affidavit. Failing to meet this obligation can lead to rejection of the application.
• Some assume that any form of evidence is acceptable, but only specific types of financial documentation are required. It's important to follow the guidelines closely to avoid issues.
• There is a belief that address changes do not need to be reported immediately, but you must notify USCIS within 10 days of moving. This is essential for maintaining accurate records.

This guide is based on the official instructions for Form I-361, ensuring you have the most accurate and current information. It is designed to help you navigate the requirements effectively.

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