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Official form guide
Form I-361: Affidavit of Financial Support and Intent to Petition for Legal Custody for Public Law 97-359 Amerasian
USCIS Form I-361 is the Affidavit of Financial Support and Intent to Petition for Legal Custody for Public Law 97-359 Amerasian. Sponsors, parents, or legal guardians file it, and must sign, date, and provide a daytime telephone number.
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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
USCIS Form I-361 is the Affidavit of Financial Support and Intent to Petition for Legal Custody for Public Law 97-359 Amerasian. Sponsors, parents, or legal guardians file it, and must sign, date, and provide a daytime telephone number.
Risk Radar
Scan points- 1A stamped or typewritten name in place of a handwritten signature will cause rejection.
- 2Using a stamped or typewritten name instead of a handwritten signature.
- 3Omitting the sponsor’s daytime telephone number in Part 4.
- 4Failing to sign and date Part 4 sponsor’s statement.
- 5Not providing the interpreter’s certification and signature in Part 5 when used.
Plain English
Form I-361 is a written promise that a sponsor will financially support an Amerasian child and seek legal custody. It must be completed in English, signed, and include contact details. If an interpreter helps, their information is also required.
Submission Date
- Filing date: Not stated in the official source.
- 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 this form when you are a U.S. citizen or lawful permanent resident sponsor filing an affidavit of financial support and intent to petition for legal custody for a Public Law 97-359 Amerasian in support of Form I-360.
- Do not use it when the person you intend to sponsor is not a Public Law 97-359 Amerasian (i.e., not born in the listed countries within the specified dates or not fathered by a U.S. citizen).
- Check Form I-360 instead when you need to file the actual petition for Amerasian, Widower, or Special Immigrant.
Form selector
Use this form or another form?
Need to pay the filing fee
Specifies the correct fee amount for Form I-361
✓ Verify fee schedule on Form G-1055
Filing the underlying Amerasian petition
Form I-361 is filed in support of Form I-360
✓ Confirm you have a pending or approved Form I-360
Ensuring you have the latest affidavit version
Uses the current edition of Form I-361
✓ Verify the revision date reads 01/20/25
Deadline or filing window
Not stated in the official source.
Checklist
What you need before filling it out
Bank account details
Statement from bank officer showing account opening date, total deposited past year, present balance · Bank records
Employment verification
Statement from employer showing dates and nature of employment · Employer letter
Foreign language documents
Full English translation with translator certification (signature, printed name, date, contact info) · Translator's certification page
Sponsor's signature block
Sponsor's signature and date · Form I-361 signature section
Proof of U.S. citizenship or LPR status
Copy of passport, naturalization certificate, or green card · Personal documents
Before you submit
- 1Confirm sponsor is a U.S. citizen or lawful permanent resident, 21 years or older, and of good moral character
- 2Verify the sponsor’s age is at least 21
- 3Attach a bank statement with opening date, total deposited past year, and present balance
- 4Attach an employer statement with dates and nature of employment
- 5Include certified English translations for any foreign‑language documents
- 6Sign the affidavit and date it; if outside the U.S., sign before a USCIS or State Department consular officer
- 7Include the filing fee amount as indicated on Form G-1055
- 8Submit legible photocopies of all supporting documents unless originals are specifically required
- 9Keep a copy of the completed Form I-361 and all attachments for your records
How to file this form
- 1Complete Form I-361 using black ink and type or print legibly
- 2Gather all required supporting evidence (bank statement, employer letter, translations, proof of citizenship/LPR)
- 3Prepare the filing fee payment according to Form G-1055
- 4Sign the affidavit (and have a USCIS or consular officer sign if filing from abroad)
- 5Make a legible photocopy of the entire package for your records
- 6Mail the package to the filing address listed on the USCIS website at www.uscis.gov/I-361
- 7Obtain a delivery receipt or tracking confirmation as proof of filing
Known limitations
- 1The provisions do not apply to SSI, AFDC, or food‑stamp eligibility of refugees, asylees, or dependent children of the sponsor’s spouse
- 2The provisions do not apply to SSI eligibility for an alien who becomes blind or disabled after admission as a permanent resident
- 3The form cannot be used for individuals who are not Public Law 97‑359 Amerasians (outside the listed countries or dates)
- 4Sponsors under 21 years of age, or who are not U.S. citizens or lawful permanent residents, are ineligible
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.
Almost done reviewing the fields?
Fillable formOpen in Editor->The form uses the edition dated 01/20/25 (Instructions p.1) and points to www.uscis.gov/I-361 for the most current filing location.
What changed or needs a fresh check
- Edition date — confirm the revision date reads 01/20/25 (Instructions p.1)
- Fee — see Form G-1055 for specific fee information (Instructions p.2)
- Mailing address — see USCIS website at www.uscis.gov/I-361 for current filing location (Instructions p.5)
- Signature — sponsor must sign and date; if outside the U.S., must sign before a USCIS or consular officer (Instructions p.3)
- OAN — include only if you have a USCIS Online Account Number (Instructions p.2)
- Translations — include certified English translation for any foreign‑language document (Instructions p.2)
Quick Facts
Downloads
After you file
- 1Keep a copy of the signed affidavit and all supporting documents
- 2Store copies for at least 5 years (Not stated in the official source — verify on the agency site)
- 3Monitor USCIS case status online using the receipt number
- 4If you receive a Request for Evidence, respond within the deadline indicated in the notice
- 5If an error is discovered, submit a corrected Form I-361 with a cover letter explaining the change
Sources
- SRCInstructions p.1 — purpose: may be used only to sponsor persons born in Korea, Laos, Vietnam, Kampuchea, and Thailand after Dec 31 1950 and before Oct 22 1982, fathered by U.S. citizens
- SRCInstructions p.1 — sponsor eligibility: must be a U.S. citizen or lawful permanent resident, 21 years of age or older, and of good moral character
- SRCInstructions p.2 — fee: see Form G-1055 for specific fee information
- SRCInstructions p.3 — signing abroad: must affirm the affidavit before a USCIS officer or a U.S. Department of State consular officer
- SRCInstructions p.5 — filing location: see website at www.uscis.gov/I-361 for the most current information about where to file
- SRCForm p.5 — sponsor's signature: under penalty of perjury the information is complete, true, and correct
Common confusion points
Do I need to sign the affidavit before I leave the U.S.?
The signature must be made in front of a USCIS or consular officer if you are outside the United States.
→ Verify you are before the required officer before signing.
Can I submit original documents instead of copies?
USCIS may destroy original documents if not specifically requested.
→ Submit only legible photocopies unless an original is required.
What fee do I pay for Form I-361?
The fee amount is listed on Form G-1055, not in the I-361 instructions.
→ Check Form G-1055 for the current fee.
Is a translator’s certification required for all foreign‑language documents?
Yes, the translator must sign a certification with name, date, and contact info.
→ Ensure the certification includes all required elements.
Do I need to include my USCIS Online Account Number (OAN)?
Only if you have a receipt number beginning with IOE.
→ Include OAN only when applicable.
Will USCIS share my information with other agencies?
The affidavit acknowledges that USCIS may share information with HHS, USDA, or Food and Nutrition Service.
→ Review the acknowledgment statement on the form.
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Questions about USCIS Form I-361
What is USCIS Form I-361 used for?
Form I-361 is a written promise that a sponsor will financially support an Amerasian child and seek legal custody. It must be completed in English, signed, and include contact details. If an interpreter helps, their information is also required.
Who must file USCIS Form I-361?
The sponsor, or the sponsor’s parent or legal guardian, must file USCIS Form I-361.
What information does USCIS Form I-361 require?
The form collects the sponsor’s statement and contact information in Part 4, interpreter details in Part 5, preparer details in Part 6, and the sponsor’s oath in Part 7.
Where do I file USCIS Form I-361?
The filing address is listed on the USCIS website at www.uscis.gov/I-361; the form must be mailed to the address shown there.
How do I complete USCIS Form I-361?
Print or type legibly in black ink, then complete Part 4 with the sponsor’s statement, daytime telephone number, and signature. If an interpreter was used, fill Part 5 with their certification and signature. If someone other than the sponsor prepared the affidavit, complete Part 6 with that person’s contact info and signature. Finally, sign the oath in Part 7, affirming it before a USCIS officer if filing inside the United States.
What happens if USCIS Form I-361 is filed incorrectly?
If the affidavit is not properly completed, USCIS may reject or deny the filing.
Do I need to sign the affidavit before I leave the U.S.?
The signature must be made in front of a USCIS or consular officer if you are outside the United States. Verify you are before the required officer before signing.
Can I submit original documents instead of copies?
USCIS may destroy original documents if not specifically requested. Submit only legible photocopies unless an original is required.
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