Public charge proof

[Gothika 0]

Hello all,

I got my first wife here on a k-1 visa 3 years ago and now my fiancee being asked at the interview that i need to provide the visa officer with a proof that my first wife is currently not a public charge. We don't even talk with each other. Can the US embassy really ask a question like that? She wasn't denied the visa but gave her a paper requesting this.

I don't know how i am going to produce this document. Can anyone give me some advice or direct me to the correct source.

Thanks

Gothika

[Inky 1,111]

The Embassy can ask whatever questions they want and request whatever evidence they want. They must have a reason behind asking this tho as its a pretty concentrated question about your former wife being public charge.

What would make them think she is public charge right now? and request papers saying she isnt.

Can you contact her some way maybe through a line of friends or search her name on google/facebook to get the paper/letter from her that you need?

[Gothika 0]

The Embassy can ask whatever questions they want and request whatever evidence they want. They must have a reason behind asking this tho as its a pretty concentrated question about your former wife being public charge.

What would make them think she is public charge right now? and request papers saying she isnt.

Can you contact her some way maybe through a line of friends or search her name on google/facebook to get the paper/letter from her that you need?

/quote]

When i think about it my responsiblity goes as far as 40 credit in SS benefits or until my ex become a US citizen. I don't have a way of contacting her. Even if i do, she would never give me a letter saying such a thing for me to get merried again.

What kinf of OTHER proofs i can produce? Any ideas? I can run a public record for $2 for anyone....

Please help.

[Inky 1,111]

Does the public record tell you if she is using any means tested benefits or if she is using the government to support herself? If that has the ability to show she is or isnt using it then that might help. Not sure what else you could do tho for proof if you cant contact her or get it from her.

[Gothika 0]

Does the public record tell you if she is using any means tested benefits or if she is using the government to support herself? If that has the ability to show she is or isnt using it then that might help. Not sure what else you could do tho for proof if you cant contact her or get it from her.

It doesn't. I can find out her income though. This is a very complicated requirement to fulfill. I don't know where to look for this evidence. Do you think i should consult a lawyer. My fiancee's visa is just ready to be stamped awaiting this proof.

[Audy_Rob 26]

Perhaps a competent lawyer is the best remedy in this situation. I can't think of anyway to get a letter or document stating she isn't a public charge. One problem is that there are so many different agencies, federal and state, that would need to say she is not on their rolls.

[JimVaPhuong 4,863]

Collecting means tested benefits is not usually a matter of public record. In fact, I think there are privacy laws that forbid many agencies from revealing if someone is collecting benefits. They say "You can't prove a negative", and this appears to be a "negative" that cannot be proven.

I can understand why they would ask such a question. If your ex-wife was collecting means tested benefits then your assurance with an I-134 that your fiancee won't end up in the same boat isn't worth a hill of beans. It would mean you provided the same promise before and didn't keep it. I don't see any way you could prove this without a notarized statement from your ex-wife.

[Audy_Rob 26]

...I can understand why they would ask such a question. If your ex-wife was collecting means tested benefits then your assurance with an I-134 that your fiancee won't end up in the same boat isn't worth a hill of beans....

Yes, their reasoning in asking is clear, but how they expect you to fulfill the request is less clear.

@Jim VaPhoung - I just noticed you passed AOS. Congratulations.

[JimVaPhuong 4,863]

Yes, their reasoning in asking is clear, but how they expect you to fulfill the request is less clear.

@Jim VaPhoung - I just noticed you passed AOS. Congratulations.

Thanks. One more small step in a long journey.