Public Charge Provisions

An applicant for a fiancé(e) or diversity immigrant visa is not required to file an affidavit of support on form I-864 at the time he or she applies for the visa. However, the Immigration and Nationality Act does require the applicant to establish to the satisfaction of the consular officer at the time of the application for a visa, and also to the satisfaction of an officer of the United States Citizenship and Immigration Services (USCIS) at the time of application for admission to the United States, that he or she is not likely at any time to become a public charge.

An applicant for a fiancé(e) or diversity immigrant visa may generally satisfy the requirement of the law by the presentation of documentary evidence establishing that:
1. the applicant has, or will have in the U.S. personal funds sufficient to provide support for the applicant and dependent family members, if any, or sufficient to provide support until suitable employment is located;
2. the applicant has arranged employment in the U.S. that will provide an adequate income for the applicant and dependent family members;
3. relatives or friends in the U.S. will assure the applicant’s support; or
4. a combination of the above circumstances