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Bill Hamze

How will the I-130 petition change with the new public charge rule?

By Bill Hamze in IR-1 / CR-1 Spouse Visa Process & Procedures

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Bill Hamze Enthusiast

Bill Hamze   89

Posted
Filed: IR-1/CR-1 Visa Country: Vietnam
 Timeline
Posted

Question says it all. The new forms will apparently start being used on Feb 24 this year.

 

What new forms and what new information are they going to need?

 

I could file the I-130 before feb 24, but I want to take my time and do it correctly. I don't like to rush.

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

I-130 has no public charge rule. It's just a petition.

The I-485 will be impacted. by the DHS rule change. Immigrant visas are handled by DOS and do not use DHS rules.

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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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
12 minutes ago, Bill Hamze said:

Ok so if I understand correctly, only the I-485 will be affected, which we will not be filling out (because we both live abroad and we're not doing AOS), nothing will change?

Under the DHS rule going into effect on Feb. 24th, correct.

 

There is a similar (but not identical) rule by DOS for visas that is not yet implemented. It may happen tomorrow. It may happen next year. It may never happen. No timeline has been provided yet.

Without the implementation being known, it's impossible to say who exactly will be impacted and in what ways, if any.

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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JacobP Explorer

JacobP   185

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted (edited)

The I-864 is still going through some changes for anyone not in Illinois, which is required for IR-1/CR-1 and K-1 AOS application. You can see the new forms in the Preview links here. Though that'll probably affect you no matter how soon you submit, since I understand it's not used until the interview itself.

Edited by JacobP
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