Final public charge rule

[Allaboutwaiting 2,503]

4 minutes ago, DelilahBrz said:

From what I understand, only I-129 is effected, not I-129F.  However, this is something to consider since the new rule applies to I-485 when they are in the states together.

Correct. The rule does not apply for the K-1 visa stage, but applies for Adjustment of Status. 

[Allaboutwaiting 2,503]

4 minutes ago, Ontarkie said:

I wanted to post this for a bit but kept getting distracted. 

 

I think the new rule will be a good thing. Look at how many K1's have been issued in the last few years in the PI where they have almost completely ignore the AOS and that was only at 100% of the poverty line. Then go read on the Effects forum. Where some of these poor women just found out they have no money to adjust and their spouse is nothing but a bum. They are stuck and can't adjust cannot work and their spouse won't get off his butt and get a job. 

 

 

BTW 11 yrs ago, my now husband had to prove he could support us at 125% of the poverty line not 100% like the K1 was being looked at. It was definitely due to the fact that he was getting me plus 4 kids from the get go. Montreal is very well known for looking for 125% for K1's and that is far form new. 

Those K1 visas will still be issued, as they're not subject to the public benefit condition. The problem will arise during adjustment of status. 

[geowrian 22,337]

30 minutes ago, beloved_dingo said:

I don't really see how education has been factored in? Maybe I'm forgetting something, but I don't recall any question ever being asked regarding my husband's education when we were going through the K1 Visa process, and there aren't any questions about education in the Adjustment of Status paperwork either. He did have to provide info on past employment, but that's it. The "burden" so to speak, was put on me as the Petitioner to show that I could support him regardless of his education, work history, or skills. 

Looks like the DS-160 and DS-260 - except for certain criteria (it's crazy...look at the sample from the DOS!) - only asked for current school OR employer (not a history of education).

 

Edit: And yes, that aspect remains the same. The I-864 with a suitable sponsor would still cover a lack of education, work history, skills, etc. That's what the totality of circumstances is for.

Edited August 14, 2019 by geowrian

[ujones 148]

1 minute ago, Allaboutwaiting said:

Correct. The rule does not apply for the K-1 visa stage, but applies for Adjustment of Status. 

@Allaboutwaiting, how does this rule define petitioner supplementing income deficits with assets ? Is it still going to be a liquid asset of 5 times  the deficit ?I could not see any clear definition of that part anywhere 

[Ontarkie 14,204]

5 minutes ago, Allaboutwaiting said:

Those K1 visas will still be issued, as they're not subject to the public benefit condition. The problem will arise during adjustment of status. 

Now that is sad.

[Crazy Cat 41,745]

22 minutes ago, DelilahBrz said:

From what I understand, only I-129 is effected, not I-129F.  However, this is something to consider since the new rule applies to I-485 when they are in the states together.

Yea....my point was that they cannot escape the impact of the new rule since they haven't even filed for the K-1 yet..........so their Adjustment (I-485) will be well after the effective date.

[Allaboutwaiting 2,503]

11 minutes ago, ujones said:

@Allaboutwaiting, how does this rule define petitioner supplementing income deficits with assets ? Is it still going to be a liquid asset of 5 times  the deficit ?I could not see any clear definition of that part anywhere 

According to the document published on the Federal Register site, yes, remains the same. 

 

Here's an excerpt:

"If using household assets to demonstrate that the alien can meet the 125 percent of FPG threshold, the alien must present evidence that the assets total value is at least 5 times the difference between the household income and 125 percent of FPG for the household size."

[AnonIndia 58]

8 hours ago, Cyberfx1024 said:

 

So you think I am a Baby Boomer? Why do you think that, is it because I married a Filipina??? Sorry to bust your bubble but I am a ripe old man of 36 years old on last Friday. I am not talking about accents at all but learning simple basic English to get around and ask for something at the store. When I worked around Indians in the MENA region I learned enough Hindi to get my point across and to be respectable to other people that couldn't speak English that good. I can't tell you how many times my wife has had people start talking to her asking her questions because they didn't know what to do and they thought she spoke Spanish. The simple point is if you move to a country then you should learn at little bit of the linqua de franca.

Simple basic English for asking to get around and buying things at the store is not sufficient for being gainfully employed. Were you making 250% above poverty level when you married your  wife? If you weren't your wife should have been denied LPR based on her being from a third world country, poor english fluency and not having proper job opportunities. Not only baby boomers marry Asian wives. There is a certain stereotype to the type of western men who do. Right wing/Libertarian types who are dissatisfied with what feminism has done for their women back at home and shop abroad. Got Coach RedPill, Milo Yiannopoulis, Mike Cernovich, Stefan Molyneux videos on their sub feed on YouTube. 

[Unlockable 7,314]

*** One post removed for attacking another poster. Please keep it cicvil.

 

VJ Moderation

 

[Soul Mates 44]

The immigrant has to fill out the new form, provide information about their household for the previous 3 years, including tax returns even if not living in US. Not just looking at financials of US citizen.

[DelilahBrz 48]

6 minutes ago, Soul Mates said:

The immigrant has to fill out the new form, provide information about their household for the previous 3 years, including tax returns even if not living in US. Not just looking at financials of US citizen.

So, if a k1 gets married, must they wait 3 years before submitting I-485? 

They have no income tax returns 

they have no credit

they can’t even legally work until they get a work authorization. 

 

[Allaboutwaiting 2,503]

The biggest issue with this rule is that some are choosing to read the summary and/or various interpretations from varied sources, rather than going through the whole document.

Some others are simply waiting for the movie to come out. 😅

[Soul Mates 44]

5 minutes ago, DelilahBrz said:

So, if a k1 gets married, must they wait 3 years before submitting I-485? 

They have no income tax returns 

they have no credit

they can’t even legally work until they get a work authorization. 

 

No, they have to submit financial information of themselves and their household members for their years before moving to the US, including foreign tax returns.

Edited August 14, 2019 by Soul Mates

[Nitas_man 3,100]

3 hours ago, yuna628 said:

 

 

 

https://www.cato.org/blog/center-immigration-studies-exaggerates-immigrant-welfare-use

https://www.cato.org/blog/center-immigration-studies-overstates-immigrant-non-citizen-native-welfare-use

They don't actually as pointed out repeatedly to CIS over the years multiple times. But doesn't much matter at this point.

Sounds great.  Those were two studies with data sources referenced.  Please post something.

[Allaboutwaiting 2,503]

13 minutes ago, DelilahBrz said:

So, if a k1 gets married, must they wait 3 years before submitting I-485? 

They have no income tax returns 

they have no credit

they can’t even legally work until they get a work authorization. 

 

The Form I-944, Declaration of Self Sufficiency is a generic form that applies also to people adjusting status based on employment, extending stay or changing status.

So as mentioned on a previous post, K1's adjusting status, would input data from before moving. 

 

And from what I recall, the DS-160 already requires stating monthly income. Not as thorough as this new form, but they've always considered income from the applicant. 

Edited August 14, 2019 by Allaboutwaiting