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Form I-361: Affidavit of Financial Support and Intent to Petition for Legal Custody for Public Law 97-359 Amerasian
Form I-361 is the Affidavit of Financial Support and Intent to Petition for Legal Custody for a child covered by Public Law 97‑359 (Amerasian). It is filed by a U.S. citizen or lawful permanent resident who wants to sponsor an Amerasian child for immigration and assume legal custody.
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USCIS Form I-361 - Affidavit of Financial Support and Intent to Petition for Legal Custody for Public Law 97-359 Amerasian
Form I-361 is the Affidavit of Financial Support and Intent to Petition for Legal Custody for a child covered by Public Law 97‑359 (Amerasian). It is filed by a U.S. citizen or lawful permanent resident who wants to sponsor an Amerasian child for immigration and assume legal custody.
Risk Radar
Scan points- 1A single missing signature can invalidate the entire petition.
- 2Missing signature or date
- 3Incorrect edition of the form
- 4Insufficient financial documentation
- 5Mismatched names or birthdates between I-361 and other petitions
Plain English
If you are a U.S. parent or guardian and want to bring an Amerasian child to the United States, you fill out this form to promise financial support and to show you will have legal custody. The government uses it to confirm you can support the child and that you have the right to care for them.
Submission Date
- Filing date: File the form after the child’s Amerasian status is confirmed and before the child’s immigrant visa interview; there is no statutory deadline, but it must be submitted with the visa petition.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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What this form is for
- Use when you are sponsoring an Amerasian child under Public Law 97‑359.
- Do not use for other family‑based petitions (e.g., I-130).
- If the child is not covered by Public Law 97‑359, consult the appropriate form.
Form selector
Use this form or another form?
Child not Amerasian
Standard family‑based petition
✓ Verify child’s eligibility
Petitioner cannot prove legal custody
Different custody basis
✓ Confirm which custody proof is required
Deadline or filing window
There is no fixed deadline, but the affidavit must be submitted before the child’s immigrant visa interview and any request for evidence. Delaying submission can push the interview date back weeks or months.
- —Annual household income | Compare to 125 % of Federal Poverty Guidelines | Income adequacy | Ensure income meets or exceeds threshold
Checklist
What you need before filling it out
Financial support worksheet
Completed I-864A or similar affidavit · Form I-361 worksheet
Tax returns
Most recent IRS tax transcript · Tax return pages
Legal custody order
Court order granting custody · County court records
Proof of U.S. status
Copy of passport, naturalization certificate, or green card · Personal documents
Child’s birth certificate
Certified copy showing parentage · Vital records office
Before you submit
- 1Use the latest edition of Form I-361
- 2All fields filled in black ink, no blanks
- 3Petitioner’s signature and date present
- 4Financial support worksheet completed
- 5Attach tax transcript for the most recent tax year
- 6Include a certified copy of the legal custody order
- 7Copy of petitioner’s proof of U.S. status attached
- 8Check filing fee amount and payment method
- 9Mail to the correct USCIS lockbox address
- 10Retain a copy of the entire packet for your records
- 11Track the mailing delivery confirmation
How to file this form
- 1Download the current I-361 PDF from USCIS.gov
- 2Print the form and fill it out by hand in black ink
- 3Complete the financial support worksheet and gather tax transcripts
- 4Obtain a certified copy of the legal custody order
- 5Assemble all supporting documents in the order listed in the Instructions
- 6Include the filing fee payment (check or money order) with the correct payee
- 7Mail the complete packet to the lockbox address with certified mail
Known limitations
- 1USCIS does not provide an online validation tool for I-361
- 2Financial support calculations are based on published poverty guidelines, not on individual case nuances
- 3The form does not accept electronic signatures unless filed through the USCIS portal
- 4Guidance on “legal custody” may vary by state; USCIS does not interpret state law
Field map
Compact field-by-field guide
Applicant Info
3 items
Your current legal name.
MM/DD/YYYY.
Alien Registration Number if previously assigned.
Details
1 items
The specific reason or legal basis for filing this form.
Evidence
1 items
List of documents supporting this application.
Signatures
2 items
Sign under penalty of perjury.
MM/DD/YYYY.
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Fillable formOpen in Editor->Form I-361 is active and accepted as of the latest USCIS edition (July 2023). Check the USCIS website for any newer revision before filing.
What changed or needs a fresh check
- Edition date – verify the form is the July 2023 version or newer
- Fee – confirm current filing fee on the USCIS Fee Schedule
- Mailing address – use the lockbox address listed in the latest Instructions
- Signature requirements – original ink signature required unless filing electronically
- Supporting documents – attach most recent tax transcript and proof of custody
Quick Facts
Downloads
After you file
- 1Save the USPS tracking receipt and delivery confirmation
- 2Log the receipt number once USCIS issues it
- 3Monitor case status on the USCIS online portal
- 4Respond promptly to any Request for Evidence (RFE)
- 5Keep copies of all correspondence and supporting documents for at least five years
- 6Notify the consulate if the child’s address changes before the visa interview
- 7Prepare for the immigrant visa interview by reviewing the affidavit content
Sources
- SRCUSCIS Form I-361 PDFofficial instructions
- SRCUSCIS Fee Schedulecurrent filing fee for I-361
- SRCPublic Law 97‑359definition of Amerasian child eligibility
- SRCUSCIS Lockbox address listmailing address for I-361
- SRCUSCIS websiteedition date of I-361 (July 2023)
- SRCUSCIS guidance on legal custody documentationrequired court order
Common confusion points
Affidavit vs. I-864
Both involve financial support but I-864 is for most family petitions
→ Verify you are using I-361 for Amerasian cases
Legal custody vs. physical custody
USCIS requires a court order showing legal custody
→ Ensure the order is notarized and current
Edition date
Older PDFs may lack updated fee or address info
→ Check the edition date on the form’s first page
Electronic filing availability
Not all USCIS forms accept e‑filing
→ Confirm on the USCIS portal before attempting
Tax year required
Some filers use older returns mistakenly
→ Use the most recent complete tax year
Workflow map
Related forms and next steps
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