Public charge

[Sherbot 1]

Im only waiting for my document to be qualified at nvc please enlighten me , do i need to fill up ds 5540 form for the public charge?? Please help me to answer this question. Because my attorney gave sent me a form ds 5540 for the publice charge .

[RudelCraig 12]

Read the attached. 

 

If you applied for the CR1 (I-130) BEFORE 24 Feb 2020 then I do not believe you need to be worried about the public charge rule. This is how I understand it and is my view. I am not a legal or immigration fundi, only giving my opinion and sharing knowledge. 

Public-Charge-Screening-Tool-2-24-ver.pdf

[Sherbot 1]

yes, i submmitted all my documents in nvc in ceac and they didnt tell anthing about ds5540 for public charge. Only im waiting for d.q for my all document in ceac.

[geowrian 22,338]

2 hours ago, RudelCraig said:

If you applied for the CR1 (I-130) BEFORE 24 Feb 2020 then I do not believe you need to be worried about the public charge rule.

An I-130 is not a CR-1. From what I've seen, the date of petition being filed does not matter.

From the FAM: https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2

Quote

(5)  (U) Informing Applicants of Required Documentation: Post will necessarily process some cases that were documentarily qualified by NVC or KCC prior to the effective date of the public charge rule or without the DS-5540.  To help ensure a smooth transition, you should make every effort to inform applicants in advance of the visa interview of supporting documents that will help you resolve a public charge determination.  This could include a request that applicants complete and upload the DS-5540 to the CEAC, or bring it with them to the interview.  Posts may also request applicants bring with them to the interview supporting financial documents or other documentation post knows would be relevant. 

I have seen at least one person report today of having a spousal visa interview and being required to complete the DS-5540 and send it to them.

 

The public charge rule has been in place for decades. I believe we are talking about the changes to the rule, specifically the DS-5540.

 

Edit: At this point in time, best thing to do is to contact the consulate for what they want. Or bring as DS-5540 with you to the interview.

Edited February 26, 2020 by geowrian

[stech786 236]

3 hours ago, Sherbot said:

Im only waiting for my document to be qualified at nvc please enlighten me , do i need to fill up ds 5540 form for the public charge?? Please help me to answer this question. Because my attorney gave sent me a form ds 5540 for the publice charge .

 

 

 

3 hours ago, RudelCraig said:

Read the attached. 

 

If you applied for the CR1 (I-130) BEFORE 24 Feb 2020 then I do not believe you need to be worried about the public charge rule. This is how I understand it and is my view. I am not a legal or immigration fundi, only giving my opinion and sharing knowledge. 

Public-Charge-Screening-Tool-2-24-ver.pdf 570.86 kB · 11 downloads

 

https://cliniclegal.org/resources/ground-inadmissibility-and-deportability/public-charge/state-departments-new-fam-public?fbclid=IwAR0orpY8_pXZ0SGpyiiUERkKyy-liGDKsOf-SOlUF8ACpPebazRvVEtjnnc

 

[RudelCraig 12]

Ask your attorney and show them the attachment I included. I cannot say you have to complete the ds5540 or not but perhaps your attorney knows better.

[jeanieCZ 228]

@Sherbot If I were you, I would complete the DS5540. Read the article below:

 

https://cliniclegal.org/resources/ground-inadmissibility-and-deportability/public-charge/state-departments-new-fam-public

 

A few excerpts:

 

"The State Department has chosen to implement this new form and rule change in the most expedient way possible. Rather than giving immigrant visa applicants time to prepare for the changes and apply the DS-5540 only to those who are filing the DS-260 after the effective date, the agency is applying it immediately. In response to public comments on the DS-5540, the agency writes: ”once the DS-5540 is approved, consular officers may ask visa applicants orally or in writing (i.e., using the form) any or all of the questions from Form DS-5540 necessary for the consular officer to make the public charge determination.”

 

"...clients should be prepared for heightened public charge screening when they appear for consular interviews beginning on February 24, 2020. Clients already scheduled for an interview, including those scheduled in the future and whose DS-260 was submitted before February 24, 2020, should bring with them a completed DS-5540 together with supporting documents."

 

"The FAM reminds consular officials that K visa applicants are not required to submit an I-864 as part of the application process, even though they are subject to the public charge ground of inadmissibility. Officers may, however, ask the applicant to complete a DS-5540."

Edited February 26, 2020 by jeaniecz

[Jessiey 21]

my interview is on 2nd Mar, and i just got it today from the embassy that i need to fill up the DS5540 and bring it along to the interview.

Hence i suggest you to fill it in anyway as in the end, you still need to complete and bring it to the interview.

[PoojaCh 56]

On 2/26/2020 at 6:12 AM, geowrian said:

An I-130 is not a CR-1. From what I've seen, the date of petition being filed does not matter.

From the FAM: https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2

I have seen at least one person report today of having a spousal visa interview and being required to complete the DS-5540 and send it to them.

 

The public charge rule has been in place for decades. I believe we are talking about the changes to the rule, specifically the DS-5540.

 

Edit: At this point in time, best thing to do is to contact the consulate for what they want. Or bring as DS-5540 with you to the interview.

What if you have already submitted civil documents 2-3 days ago? Should we upload the form now or bring it to the interview? 

[Hilde 381]

54 minutes ago, PoojaCh said:

What if you have already submitted civil documents 2-3 days ago? Should we upload the form now or bring it to the interview? 

If I were you I would upload it now. It seems that they are requesting it, as of Monday. 
I, for example, see it on the dropdown menu of "Additional documents" of the DS-260.

 

You´re only 3 days in. I would fill it out and attach it. It´s better than waiting 2-3 months and getting RFE for that reason...

 

This is what I would do... not sure if it´s the right thing or not though...

[Sherbot 1]

What if im only waiting for nvc to qualified my documents.? Do i need to upload it?

[stech786 236]

29 minutes ago, Hilde said:

If I were you I would upload it now. It seems that they are requesting it, as of Monday. 
I, for example, see it on the dropdown menu of "Additional documents" of the DS-260.

 

You´re only 3 days in. I would fill it out and attach it. It´s better than waiting 2-3 months and getting RFE for that reason...

 

This is what I would do... not sure if it´s the right thing or not though...

Are you saying that Ds5540 is an option under menu in ds260 CEAC, can you post screenshot 

[Hilde 381]

Just now, stech786 said:

Are you saying that Ds5540 is an option under menu in ds260 CEAC, can you post screenshot 

Yes it is. Under Additional Documents. I can´t screenshoot it bc my phone sidebutton is broken. 

[PoojaCh 56]

36 minutes ago, stech786 said:

Are you saying that Ds5540 is an option under menu in ds260 CEAC, can you post screenshot 

Yes there is. I have seen it too.

[PoojaCh 56]

1 hour ago, Hilde said:

If I were you I would upload it now. It seems that they are requesting it, as of Monday. 
I, for example, see it on the dropdown menu of "Additional documents" of the DS-260.

 

You´re only 3 days in. I would fill it out and attach it. It´s better than waiting 2-3 months and getting RFE for that reason...

 

This is what I would do... not sure if it´s the right thing or not though...

I’m filling the form to upload but on fb someone said it is not required. I will do it anyway. I have a question, not sure if anyone can help me with this. There is a field “occupational skills”, I have already mentioned my degree in the form. What should I enter there?