Public Charge DS-5540 Form DOS

[fem_femme 6]

Hi. I heard that the USCIS and State Department will be implementing the form DS-5540 Public Charge from February 24 and I am confused as to how this will reflect on the people who have a pending interview in mid-March overseas? It seems like everyone is confused as to when and who should fill it out since the ruling came after the NVC accepted and DQ'ed our documents, but I read that the CO might still want it at the interview while many also claim that this ruling/form applies to people who are at the pre-NVC and/or at NVC level right now. I really don't know whom to believe as I also heard that there's no notification about the usage of that form for the pending interviewers through DOS.

 

Can anyone with more knowledge give me some idea as to whether my spouse would need to fill out this form for his interview in the next couple of weeks? I'm confused about one thing here....the petitioner or his/her joint sponsor is the one who is sponsoring financially the immigrant, so how would the CO deny the immigrant the entry assuming the immigrant doesn't have much money/asset to present on the form...in that case why move mountains in finding a joint sponsor who is qualified to sponsor with the income, if when the immigrant doesn't have anything of a value, he/she can be denied visa even through marriage? Am I following the logic of this new ruling correctly? Also, what is the logic behind the immigrant having enough $ and assets to support him/herself in the US if majority of the world is not well-off in terms of incomes? I meet the poverty guideline to sponsor my spouse but I also found a JS who meet even more, but my spouse doesn't have assets nor much $$ in the bank, so can he be refused our marriage immigrant visa if he's broke? He does come from a country which doesn't pay its citizens much, so does this new ruling mean that even if the sponsorship is enough, but the immigrant is broke financially, then that's going to be a visa denial? That would be like ruining marriages for the majority of people since half if not more than half of the world has low wages, so it's not expected that people going to the interviews are going to show stacks of assets and large bank accounts. I'm just confused how to proceed with this form now the last minute and wanted to get some advice please.

[geowrian 22,338]

I have seen a few people post reports and refusal letters who interviewed after the 24th. At this time, IMO the best thing to do is bring a completed DS-5540 to the interview unless directed otherwise.

 

The DS-5540 is to enable the CO to better determine the likelihood of the visa applicant becoming a public charge or not via being able to examine more factors. A suitable joint sponsor is still a positive factor and generally accepted.

The CO still looks at a totality of the circumstances to determine if there is a public charge risk. Age, education, health, employment history, sponsor, etc. are all factors considered.

From the FAM, for a good read: https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2

 

One's current wage abroad is not really an issue. If they are doing work, and are likely to continue to do so upon immigrating, then this is a positive factor. Moreso (a "heavily weighted positive factor") if that income is expected to be 250% of the FPL or higher once in the US.

It's not like since an RN in the Philippines makes a few hundred USD per month, they will be refused. They would, presumably, make a normal RN wage in the US which is a good sign for being self-sufficient. Just because an RN immigrating from, say, the UK makes more right now means they are treated differently here.

[SusieQQQ 11,587]

Although the official stance is not clear to me, I have seen an immigrant advice website state all visa interviews from 24 Feb must submit Ds5540 regardless of petition or approval date. 

[fem_femme 6]

ok guys thanks for the responses. My spouse will take it with him to the interview.

[OrihimeandIchigo 216]

Its on the State Departments Website on Step 10. Prepare for Interview section at the bottom of the page.  https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-10-prepare-for-the-interview.html

Quote

4. Public Charge Questionnaire: DS:5540

You may be asked to present a completed DS-5540, Public Charge Questionnaire, and supporting evidence at the time of your interview. To prepare that documentation in advance, please visit the DS-5540 Public Charge Questionnaire page of this website.