Immigration Update: State Department Creates Form DS-864E to Replace the Discontinued Form I-864W
Immigration Update: State Department Creates Form DS-864E to Replace the Discontinued Form I-864W
The Department of State has created a new form, DS-864E, Request for Exemption From Immigrant Visa Applicant's Affidavit of Support, expressly to replace the discontinued DHS form, Form I-864W.
What changed
On September 18, 2026, the Department of State published a 60-day notice of proposed information collection in the Federal Register for the new DS-864E (FR Doc. 2026-19142; filed for public inspection September 17, 2026). The notice states that the form is used to request an exemption from the affidavit of support requirement for certain immigrant visa applicants, and that it replaces the discontinued DHS Form I-864W.
The notice also sets out the practical details: the Department estimates 24,000 respondents a year, about one hour per response, filed once per application. The form is to be made available electronically at travel.state.gov and submitted through the National Visa Center or to a consular officer.
Comments are open until November 17, 2026, under docket DOS-2026-0960.
Two dates matter here and they are different. The publication date is September 18, 2026. There is no effective date, because this is a comment-stage information collection notice rather than a rule. It does not, by itself, impose a new requirement on any applicant today.
What applicants should know
Who this reaches. Immigrant visa applicants in consular processing who claim an exemption from the affidavit of support requirement — principally applicants credited with 40 qualifying quarters of work, applicants who will acquire U.S. citizenship on admission under INA 320, and self-petitioning widow(er)s and certain VAWA self-petitioners — along with their petitioners and sponsors.
What it does not change. The notice does not change who qualifies for an exemption. The eligibility criteria are unchanged. What it establishes, on a primary source, is that the exemption request in a consular immigrant visa case now routes through a State Department form rather than the old USCIS one.
What it does not cover. Nothing in the notice establishes that adjustment of status filings with USCIS are affected. Adjustment cases follow USCIS's own form instructions. Do not carry this point across to an I-485 package.
What to do now. If you have a consular immigrant visa case that would previously have used Form I-864W, confirm on the official State Department forms page whether DS-864E is issued and in use at your post before you assemble the package. The notice verifies the Department's intent and the replacement relationship; it does not announce a date on which posts begin requiring the new form.
If you want your experience on the record, the comment period is open until November 17, 2026 at docket DOS-2026-0960.
How we can help
Our consultants are former U.S. diplomats who served in embassies and consulates and adjudicated immigrant visa cases. We read the primary sources, tell you what a change does and does not mean for your case, and help you assemble a consular package that is complete the first time — including confirming which affidavit of support documents your post is actually accepting.
We do not practice law and we do not file for you. We tell you what the record says and what a consular officer will be looking at.
Book a consultation: visaexpertdiplomats.com
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