Public Charge Provisions

[zacharykutz 0]

Quick question.

My Fiancee just got her packet in the mail the other day. Our visa petition was approved in the US on July 13th and it has just now reached her in Austria. She has gotten everything required on the check list!

Previously I was under the impression I would have to fill out an Affidavit of support but now she is telling me that because she has enough money in her bank account the us embassy over there said that's all she would need to show.

She's dying to send off her packet but i'm afraid that she needs my affidavit as well.

Anyone has an experience where the petitioner didn't have to give an affidavit because the applicant had enough money?

[Otto 83]

You, the petitioning spouse, must (still) complete an affidavit of support. I'm not certain what exactly the Embassy/Consulate told her in regards to using her assets.

[thepizzadude 26]

Quick question.

My Fiancee just got her packet in the mail the other day. Our visa petition was approved in the US on July 13th and it has just now reached her in Austria. She has gotten everything required on the check list!

Previously I was under the impression I would have to fill out an Affidavit of support but now she is telling me that because she has enough money in her bank account the us embassy over there said that's all she would need to show.

She's dying to send off her packet but i'm afraid that she needs my affidavit as well.

Anyone has an experience where the petitioner didn't have to give an affidavit because the applicant had enough money?

Give the embassy a call and find out, embassies have different requirements and may treat some situations differently than others.

Good Luck

[Stephen + Elisha 92]

You, the petitioning spouse, must (still) complete an affidavit of support. I'm not certain what exactly the Embassy/Consulate told her in regards to using her assets.

Not necessarily. As the previous poster stated, different consulates have different requirements, and some will allow beneficiaries to meet the public charge provisions on their own. London is one: http://london.usembassy.gov/cons_new/visa/iv/faffidavit.html

Of course, regardless of what the consulate requires, the petitioner will have to file an I-864 Affidavit of Support as part of the Adjustment of Status process.

[Gary and Alla 3,696]

Quick question.

My Fiancee just got her packet in the mail the other day. Our visa petition was approved in the US on July 13th and it has just now reached her in Austria. She has gotten everything required on the check list!

Previously I was under the impression I would have to fill out an Affidavit of support but now she is telling me that because she has enough money in her bank account the us embassy over there said that's all she would need to show.

She's dying to send off her packet but i'm afraid that she needs my affidavit as well.

Anyone has an experience where the petitioner didn't have to give an affidavit because the applicant had enough money?

This is something you should verify yourself with the consulate. On two occasions we were given information (once in an email) from the consulate that was not correct and didn't seem right. It gnawed at me until I called and spoke to a superviosr and found out it was bad information. Always err on the side of caution. You do not want to go to the interview without needed documents and telling them "But, YOU said..." doesn't work. If they need it, they need it. If they told you something in error it is your problem, not theirs.

The public charge provisions are vague at best. It is a judgement call by the consulate and the state department specifically allows that intending immigrants CAN be self supporting if they have a job which will continue from the same source or if they have considerable assets OR even if they have education and skills which are in high demand and very likely to have a good job in the US. Also there are a few consulates that do not require any financial documentation. Juarez, Mexico is one I have read about here. It is purely a subjective matter at the consulate level. You WILL have to do an affidavit of support fo the AOS. (I-864)

To be safe, I would prepare and send her an I-134 with supporting documents, if she doesn't need it at that consulate she can take it back home with her.