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Supreme Court allows Trump administration to move forward with 'public charge' rule (merged)

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1 minute ago, Hzz99 said:

Apply for services in the future as in adjustment of status and new applicant meaning new visa applicants?

More likely ROC, N-400, etc.

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I am about to submit my I-130 & I-130A this morning for my husband in Jamaica (CR1) does this new public charge ruling affect my filing?  I have never been on any type of assistance, have always had health insurance through my job (which my husband is now added to).  I am so confused on this.  Are there other forms I need to fill out before submitting this online? Help please!!!!!

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Yes, your alien spouse will be subject to the public charge rule, including he new DOS rules.

No, nothing changes about the petition process. You file the I-130 an wait.

There is a new form (DS-5540) for the DOS rule, but the specifics on when/where it will be completed are not entirely known yet. But it won't be needed until at least NVC processing, if not later.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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1 hour ago, SorrowL said:

I contacted CBP regarding the new public charge rule, as I’m scheduled to enter the US on CR1 tomorrow.

 

Here’s the email reply:

 

Dear Sir or Madam,

Thank you for contacting U.S. Customs and Border Protection (CBP) Information Center.

Being a public charge has always been a ground of inadmissibility for CBP so there is no change for CBP, however, Immigrant Visa holders will not be denied entry to the United States.

U.S. Citizenship and Immigration Services will monitor the new public charge rules when you apply for services in the future as well as with new applicants for Immigrant Visas. 

Thank you again for contacting our office.


I’ll add on to this thread should I encounter any specific public charge questions, requests, etc.

 

Thank you very much for posting this information. Can you please let us know once you make it to US about your experience and any questions which got asked.

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Filed: K-1 Visa Country: Sweden
Timeline

K-1: 12-22-2015 - 09-07-2016

AP: 12-20-2016 - 04-07-2017

EAD: 01-18-2017 - 05-30-2017

AOS: 12-20-2016 - 07-26-2017

ROC: 04-22-2019 - 04-22-2020
Naturalization: 05-01-2020 - 03-16-2021

U.S. passport: 03-30-2021 - 05-08-2021

En livstid i krig. Göteborg killed it. Epic:
https://www.youtube.com/watch?v=WBs3G1PvyfM&ab_channel=Sabaton

 

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Filed: Citizen (apr) Country: Morocco
Timeline

Is there a thread dedicated to the I-944 form? I'm trying to help a friend complete it and we are stuck on Part 3: Public Benefits #16

 

Have you EVER received, or are currently certified to receive in the future any of the following public benefits? (select all that apply):
- The last 2 boxes are:
No, I have not received any public benefits (which they checked)
and;
No, I am not certified to receive in the future any of the above public benefits (this is the one we are confused on). I suggested to check the box (indicating "no"), but what about if/when they become a USC in the future? Would they then be certified? Am I overthinking it?

If you are going through the visa process and will be interviewing in Casablanca, Morocco, join us over at the

US-Morocco Visa Discussion Facebook Group! :) 

 

K1 Visa Process                                                                                                   

Spoiler

 

December 19, 2016: NOA1 receive date 

May 5, 2017: NOA2 hardcopy (still listed as 'received' online...)

May 23, 2017: NVC case number assigned

July 10, 2017: Interview
July 14, 2017: Visa in hand
July 27, 2017: POE at ORD

August 5, 2017: Married!

 

 

 

AOS Process    

Spoiler

 

AOS Process  

September 8, 2017 : Mailed AOS Packet

September 16, 2017 : NOA1 text/emails (receive date Sept. 12)

October 2, 2017 : Biometrics Appointment

October 13, 2017 : RFIE letter received in mail (they want an English translated Birth Certificate, which we included in the original petition...)

January 24, 2018: EAD/AP Combo Card in hand

August 9, 2018: AOS Interview (Approved)

August 9, 2018: "Card in Production"

August 16, 2018: Green card in hand

 

 

May 2020: ROC!

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Filed: Citizen (apr) Country: Taiwan
Timeline
3 minutes ago, RJandHamid said:

I suggested to check the box (indicating "no"), but what about if/when they become a USC in the future? Would they then be certified? Am I overthinking it?

I would mark "No".......as it means certified right now...

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: F-2A Visa Country: Pakistan
Timeline
55 minutes ago, geowrian said:

Yes, your alien spouse will be subject to the public charge rule, including he new DOS rules.

No, nothing changes about the petition process. You file the I-130 an wait.

There is a new form (DS-5540) for the DOS rule, but the specifics on when/where it will be completed are not entirely known yet. But it won't be needed until at least NVC processing, if not later.

I’m waiting for my IL Now, what do I need to do? I’ve never been to USA btw. And I heard it’s for USA embassies only (DS5540) 

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Filed: Citizen (apr) Country: Taiwan
Timeline
5 minutes ago, Sal11 said:

And I heard it’s for USA embassies only (DS5540) 

Currently, an I-864 (Affidavit of Support) is submitted to NVC during the process, and is used by the Consulate Officer to render a decision.  It is possible that the DD-5540 will be required then, too, to accompany the .I-864.  I guess we will soon know....🙂

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Is my spouse required to have health insurance for CR1 visa as per Public charge rule? I know last month interview  letters said that order is on hold and not required. But this new public charge rule, can this be used under this law?

 

I have insurance through my work & income is in good standing. Do I need to do anything before? Should I give my spouse insurance card with my name only or add her now to before interview. I haven't for the interview yet, just preparing.

 

@Sherbot

Edited by stech786
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On 2/19/2020 at 11:09 PM, JuJu83 said:

Yes, but I was waiting for the activation code to activate my online access. I just got it 2 days ago. Only got my TY2018 transcript but should be good enough for my filing.

Yes, its enough. But, remember if you filed married filing jointly then You need to send W-2 also

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Filed: Citizen (apr) Country: Taiwan
Timeline
4 minutes ago, Boring Life said:

Yes, its enough. But, remember if you filed married filing jointly then You need to send W-2 also

with a transcript?

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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