BIA Upholds Use of Out-of-Date Form I-864

In Matter of Zuniga-Tapia, A79-765-654 – Portland, May 1, 2007, the Board of Immigration Appeals (BIA) held that marital difficulties and an out-of-date Form I-864 affidavit of support were not sufficient to deny adjustment of status.  The Form I-864 was signed by the spousal sponsor more than three years before the court hearing and the immigration judge stated that a more current Form I-864 was required.  The BIA disagreed and remanded the case, holding that the regulations for the affidavit of support allow for updated information to be provided in support of an affidavit more than one year old.