Final public charge rule

[K1visaHopeful 2,805]

4 hours ago, Hemutian said:

 

If the i-485 is postmarked Oct 14th would it also avoid the rule change?

 

 

That's what the rule states.

Everyone is asking questions that no one can concretely answer yet though. We only have the same info as everyone else. My only suggestion is to read the 50 page rule yourself and make your own interpretations because until the actual forms are changed/implemented, we really don't know.

 

https://www.federalregister.gov/documents/2019/08/14/2019-17142/inadmissibility-on-public-charge-grounds

[geowrian 22,337]

12 minutes ago, K1visaHopeful said:

Of course not but as the rule is written now, it says "petitions filed" so we can only assume that this wont affect them down the line when they are required to file an Affidavit of Support at later stages IF they apply before Oct 15th. 

A consular Spousal Visa doesnt have to file an I485 (or an I944 which would soon be required??) so it's not clear how they will implement the PCR in their case.

Right. Petitions....that USCIS handles and are subject to the rule.

For instance, would this rule apply if somebody filed an I-130 today but the I-485 in November? The petition was filed before the deadline, but the application that is subject to the PCR is filed after the cutoff. My understanding is that the new PCR would apply in that case.

So logically (and yeah - immigration is not always logical) the same would apply for somebody who filed a petition today but applied for the visa after the cutoff. But yeah, the specifics of how DOS responds to the rule change is the key element.

[Hope7 0]

I am so confused. 

 

My SO and I will most likely apply for the K-1 or CR1 after the new rules are applied. How can I, as the beneficiary, possibly earn 250% or even less than that before entering the US and getting a work permit? Or are they going to want to know how much I make in my current country of residence?  

 

Can someone please break this down for me? 

[geowrian 22,337]

8 minutes ago, Hope7 said:

I am so confused. 

 

My SO and I will most likely apply for the K-1 or CR1 after the new rules are applied. How can I, as the beneficiary, possibly earn 250% or even less than that before entering the US and getting a work permit? Or are they going to want to know how much I make in my current country of residence?  

 

Can someone please break this down for me? 

If you have a suitable sponsor and are likely to become self-sufficient in the US, then you should be fine.

[Hemutian 68]

7 minutes ago, Hope7 said:

I am so confused. 

 

My SO and I will most likely apply for the K-1 or CR1 after the new rules are applied. How can I, as the beneficiary, possibly earn 250% or even less than that before entering the US and getting a work permit? Or are they going to want to know how much I make in my current country of residence?  

 

Can someone please break this down for me? 

If you are K1, this rules change applies after you enter the US and get married and apply for Adjustment of Status. So whether you apply for K1 or CR1, either way, this rule change applies to your "household" after you are married. Your household income includes your and your SO's income.

Also, the 250% is not a hard and fast rule. It is a guideline that is part of the totality of circumstances. Technically the hard and fast rule is still just 125%. It's only if you're weak in other areas that having 250% can help to strengthen your case.

[Hope7 0]

8 minutes ago, Hemutian said:

If you are K1, this rules change applies after you enter the US and get married and apply for Adjustment of Status. So whether you apply for K1 or CR1, either way, this rule change applies to your "household" after you are married. Your household income includes your and your SO's income.

Also, the 250% is not a hard and fast rule. It is a guideline that is part of the totality of circumstances. Technically the hard and fast rule is still just 125%. It's only if you're weak in other areas that having 250% can help to strengthen your case.

Okay, thank you. 

 

Am I doing the math wrong here, or is making 250% not that hard if both parties have full time jobs? Not necessarily really good paying ones? 

[Hemutian 68]

2 minutes ago, Hope7 said:

Okay, thank you. 

 

Am I doing the math wrong here, or is making 250% not that hard if both parties have full time jobs? Not necessarily really good paying ones? 

250% is about $44,000. If you go the K1 route, then you won't be allowed to work at time of AOS application, so all income will need to come from your SO (unless you have passive income like capital gains, dividends, etc). If you go the CR1 route, then you can count both your present income in your country as well as your SO's income.

[Hope7 0]

12 minutes ago, Hemutian said:

250% is about $44,000. If you go the K1 route, then you won't be allowed to work at time of AOS application, so all income will need to come from your SO (unless you have passive income like capital gains, dividends, etc). If you go the CR1 route, then you can count both your present income in your country as well as your SO's income.

Thank you. And this is the annual income before taxes, right? 

[Hemutian 68]

9 hours ago, Hope7 said:

Thank you. And this is the annual income before taxes, right? 

Yes. It's whatever your total income is as listed on your tax return.

[Grantman1987 23]

There's been some talk about the current administration's plans to add foodstamps to the public charge list for immigrants coming on a visa, and denying immigrants of permanent resident status if they recieve them. My fiance will be here in October. I currently don't recieve any food stamps but I definitely gave it some thought as it would be a big help. Think its worth a shot? Or is it too risky right now?

Edited September 16, 2019 by Grantman1987

[Zach2015 211]

18 hours ago, Grantman1987 said:

There's been some talk about the current administration's plans to add foodstamps to the public charge list for immigrants coming on a visa, and denying immigrants of permanent resident status if they recieve them. My fiance will be here in October. I currently don't recieve any food stamps but I definitely gave it some thought as it would be a big help. Think its worth a shot? Or is it too risky right now?

I am not sure I understand the rules, but I think you can apply for assistance, just not the immigrant. I am not sure my thinking is correct on that.

[geowrian 22,337]

There's nothing preventing an eligible USC from obtaining or using food stamps.

That said, an affidavit of support sponsor using any public means-tested benefits (like food stamps) is a negative factor in determining if the applicant is likely to become a public charge.

Edited September 17, 2019 by geowrian

[Crazy Cat 41,744]

27 minutes ago, Zach2015 said:

I am not sure I understand the rules, but I think you can apply for assistance, just not the immigrant. I am not sure my thinking is correct on that.

My question is:  How do food stamps benefit only the US citizens in a family?  Does the immigrant not benefit also?  I am not making a statement.  I am asking.....

Edited September 17, 2019 by missileman

[Zach2015 211]

51 minutes ago, missileman said:

My question is:  How do food stamps benefit only the US citizens in a family?  Does the immigrant not benefit also?  I am not making a statement.  I am asking.....

I really have no idea. I have never been on the system, but that is a valid point.

[millefleur 5,046]

56 minutes ago, missileman said:

My question is:  How do food stamps benefit only the US citizens in a family?  Does the immigrant not benefit also?  I am not making a statement.  I am asking.....

Exactly. When you go to apply for food stamps, they may ask "Do you share food with others in the household?" and I think the amount of food stamp funds will be determined on how many people in the household are using said food stamps, but still. There's no way that people living together wouldn't be sharing food bought with food stamps, especially if they were married. It's a super grey area with food stamps, moreso than the other means tested benefits.