Part 3 criminal information on the I-129f

[USA the best 4]

I have a quick question and thanks to all in advance for taking the time to help me out. In the (form I-129f part 3. Other Information Criminal Information) does this part refers to the Beneficiary or to the Petitioner information.? Bcz it doesn’t specify who’s information is being requested. I am assuming is the Petitioner but I am not sure. Can you guys clarify this for me? Thank you 🙏🏻 

[geowrian 22,337]

Petitioner

[Greenbaum 12,259]

Petitioner 

 

I-129f is the petitioner's information

I-134 is the petitioner's information

DS-160 is the beneficiary's information

DS-5540 is the beneficiary's information

Edited April 6, 2020 by Greenbaum

[0NI 114]

36 minutes ago, Greenbaum said:

Petitioner 

 

I-129f is the petitioner's information

I-134 is the petitioner's information

DS-160 is the beneficiary's information

DS-5540 is the beneficiary's information

Is this a new form? When do you use this?

[Greenbaum 12,259]

4 minutes ago, 0NI said:

Is this a new form? When do you use this?

It is a new form. 

 

"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. If granted the K visa, the person will be required to submit an I-864 at the adjustment of status stage, assuming he or she marries the U.S. citizen petitioner within 90 days of admission."

 

 

Types of Benefits

The rule’s definition of public benefit is in line with the one laid out in the DHS rule and includes any of the following forms of assistance received on or after October 15, 2019:

 

• Any cash assistance for income maintenance including Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and federal, state or local cash benefit programs for income maintenance
• Supplemental Nutrition Assistance Program (SNAP)
• Section 8 Housing Assistance under the Housing Choice Voucher Program
• Section 8 Project-Based Rental Assistance
• Federally funded Medicaid (with certain exclusions)
• Subsidized public housing

Exclusions may apply to members of the armed forces and their family members, those seeking health services for immunizations, and those who wish to receive testing and treatment for communicable diseases.

The DOS interim final rule will allow consular officers to deny visa applications to applicants coming from abroad if they determine that an applicant could be a “public charge” under the expanded definition.

 

https://eforms.state.gov/Forms/ds5540.PDF

[0NI 114]

5 minutes ago, Greenbaum said:

It is a new form. 

 

"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. If granted the K visa, the person will be required to submit an I-864 at the adjustment of status stage, assuming he or she marries the U.S. citizen petitioner within 90 days of admission."

 

 

Types of Benefits

The rule’s definition of public benefit is in line with the one laid out in the DHS rule and includes any of the following forms of assistance received on or after October 15, 2019:

 

• Any cash assistance for income maintenance including Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and federal, state or local cash benefit programs for income maintenance
• Supplemental Nutrition Assistance Program (SNAP)
• Section 8 Housing Assistance under the Housing Choice Voucher Program
• Section 8 Project-Based Rental Assistance
• Federally funded Medicaid (with certain exclusions)
• Subsidized public housing

Exclusions may apply to members of the armed forces and their family members, those seeking health services for immunizations, and those who wish to receive testing and treatment for communicable diseases.

The DOS interim final rule will allow consular officers to deny visa applications to applicants coming from abroad if they determine that an applicant could be a “public charge” under the expanded definition.

 

https://eforms.state.gov/Forms/ds5540.PDF

Is this form submitted during the Interview at the US Embassy. And why does it say DS-260? I thought K1 uses DS-160? Thanks.

[Greenbaum 12,259]

5 minutes ago, 0NI said:

Is this form submitted during the Interview at the US Embassy? And why does it say DS-260? I thought K1 uses DS-160? Thanks.

It's a little fuzzy right now on this form. It should be completed by DS-260 only ppl but the embassy is still confused how this form is to be administered so they default to ALL!  It's designed, which you will see, for married couples which K-1's are not. So, you must be flexible and go with the flow on this. We have seen some get a 221(g) for not having the form at the interview.

 

Here's some tricks to use when answering and wanting to quote someone.
 
First, when you use the quote button, go into a LONG posts that you are quoting and if there isn't a need to have the entire post, just delete a small portion of it, but leaving enough of the original post so we can understand what you are replying to.

https://drive.google.com/file/d/1krDA5e93LXA3JbzBl8Zo-pvBjpNlLJam/view?usp=sharing
 
Second, you can use the "@" sign in a blank reply box then begin typing the person's nick to bring up a list with their name and select their name. If it is done right, you should see a blue box around their nick like this @Greenbaum. When you use the @ sign you would use it in a blank reply and not a "+" reply.
 
https://drive.google.com/file/d/1MDRnqzVsqYuInL1iSIyuxaMOj52yDAxb/view?usp=sharing
 
Third is just to use the "heart" icon and select "thanks". Don't really need to say thanks in a quote. (using your example, you were making a comment and a thank you so the way you presented yourself is fine. 

 

Edited April 6, 2020 by Greenbaum

[geowrian 22,337]

44 minutes ago, 0NI said:

Is this form submitted during the Interview at the US Embassy. And why does it say DS-260? I thought K1 uses DS-160? Thanks.

40 minutes ago, Greenbaum said:

It's a little fuzzy right now on this form. It should be completed by DS-260 only ppl but the embassy is still confused how this form is to be administered so they default to ALL!

The DS-5540 can be requested for any visa where the applicant is subject to the public charge inadmissibility (even a tourist visa technically). It is required for immigrant visas.

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

Quote

(3)  (U) Documenting Assets, Resources, and Financial Status in DS-Form 5540, Public Charge Questionnaire:

(a)  (U) Immigrant Visa Applicants:  All immigrant visa applicants subject to INA 212(a)(4) must complete and submit a Form DS-5540, Public Charge Questionnaire.  (If a family unit applies together, only one form is required).  The DS-5540 provides information to assist you in determining whether the applicant is more likely than not to become a public charge, based on the totality of the applicant's circumstances.  Unless specified on Form DS-5540, applicants are not required to submit supporting documentation.  However, if you determine documentary evidence is necessary, you may request an applicant to establish the adequacy of financial resources by submitting, for example, evidence of bank deposits, ownership of property or real estate, ownership of stocks and bonds, insurance policies, or income from business investments, as well as those of any household members.

      Unavailable

      (U) NOTE: If the principal applicant is under 14 years of age, the DS-5540 should be completed and signed by the applicant's parent, legal guardian, or other individual over the age of 14 with a legitimate interest in the applicant.

(b)  (U) Nonimmigrants: You may request a nonimmigrant visa applicant to complete the Form DS-5540 in any case where you believe additional information is necessary to determine whether the individual's assets, resources, and financial status are sufficient to address any concerns about eligibility on public charge grounds.  Alternatively, you may ask the applicant(s) any or all of the questions from Form DS-5540 necessary for you to make the public charge determination (including orally). 

 

 

Given that K-1s are processed by the immigrant visa unit a the consulates, and is very similar to immigrant visas in general, it's not unusual for them to request one for a K visa as well.

Edited April 6, 2020 by geowrian

[Greenbaum 12,259]

@geowrian thanks for the updated information. If you don't mind, I would like to use it in reply's to others as this subject certainty only had died away during this pandemic.

[geowrian 22,337]

10 minutes ago, Greenbaum said:

@geowrian thanks for the updated information. If you don't mind, I would like to use it in reply's to others as this subject certainty only had died away during this pandemic.

Go for it.