question about the new public charge rule and I485 adjustment of status

[MoroccanLover40 2]

Hi, 

 

My wife is from Morcoo and I am a USA citizen who is here on a fiance visa but we married so now husband and wife for 8 months or so now. We have filled out and sent I485 adjustment of status to USCIS and they sent a update letter stating send more income proof and I did but then got a rejection notice stating "incorrect household size" I did not put my mom and dad on the forms because I didn't think it was necessary but thats why it was declined. The 2nd time we went straight to a lawyer and he sent a new application for i485 because he said it was a waste of time to send a appeal and the chances of it wont work so we sent a new application 1485 adjustment of status to green card. We got a rejection notice that stated we already have a pending application and they rejected it. My lawyer then sent a new packet and it was just rejected stating we need to fill out this new public charge paperwork and we are working on it but haven't sent it yet. Here are my question 

 

1. Will my wife be allowed to stay in the country? 

2. What if they reject my wife because she doesn't have any money saved before coming here and just finished college and is studying here to be a nurse 

3. Can they really reject? We are already married and has been here for 8-9 months has a ssn and a ID

 

 

I hate the immigration process and it feels like they don't want her to stay here. I am a us citizen and make close to 60k a year and have one time around 10/2019 applied for food stamps but was declined. This new rule is making me scared.

my mother and father do live with me but they do get food stamps and these forms make you put their information on there

[SmallTownPA 72]

How much do you make and how many people do you have to care for? 

 

Its pretty simple math.

 

If you have been denied, you need to wait until you get a formal letter stating that the case is closed.  You just can't start sending applications until the ones in progress (even though you know it will be denied) is OFFICIALLY closed. 

Edited April 20, 2020 by SmallTownPA

[MoroccanLover40 2]

60k and there a total of 4 people In the house. I dont really do much for mom and dad because they get food stamps and have their own health insurance. They are retired and do not get social security because they have a green card. 

 

I have about 42k saved and only owe 10k on my car. I don't have any other debt. 

[Greenbaum 12,259]

7 minutes ago, SmallTownPA said:

How much do you make and how many people do you have to care for? 

 

Its pretty simple math.

 

If you have been denied, you need to wait until you get a formal letter stating that the case is closed.  You just can't start sending applications until the ones in progress (even though you know it will be denied) is OFFICIALLY closed. 

Why not the lawyer said it was ok! 

[Greenbaum 12,259]

3 minutes ago, MoroccanLover40 said:

60k and there a total of 4 people in the house. I don't really do much for mom and dad because they get food stamps and have their own health insurance. They are retired and do not get social security because they have a green card. 

 

I have about 42k saved and only owe 10k on my car. I don't have any other debt. 

You need to follow EXACTLY what they are asking for. They have the gold, so they get to make the rules.

[MoroccanLover40 2]

And we did the 2nd time we sent everything but said our current one is pending and the lawyer said it was ok to send. I'm not the best with these kind of things but it seems my lawyer doesn't know much more then me. I need to hire a new lawyer after we get something accepted because we already paid him $3,500.  Do you think they can deport my wife if our application keeps getting rejected even since we are legally married ?? That's what i'm worried about the most

[SmallTownPA 72]

3 minutes ago, Greenbaum said:

I don't really do much for mom and dad because they get food stamps

 

Wait, wut?  They are on public assistance?  And you claim them as dependents?

 

Food stamps (SNAP) is definitely on the 'public charge' list. 

 

This seems to be a red flag.  You are claiming that you support two parents, yet they get public assistance.

[Greenbaum 12,259]

1 minute ago, SmallTownPA said:

 

Wait, wut?  They are on public assistance?  And you claim them as dependents?

 

Food stamps (SNAP) is definitely on the 'public charge' list. 

 

This seems to be a red flag.  You are claiming that you support two parents, yet they get public assistance.

Why does their verbiage appear in my name in the quote? 

[SmallTownPA 72]

1 minute ago, Greenbaum said:

Why does their verbiage appear in my name in the quote? 

Don't know.

 

I quoted from the OPs first post.

[MoroccanLover40 2]

5 minutes ago, SmallTownPA said:

 

Wait, wut?  They are on public assistance?  And you claim them as dependents?

 

Food stamps (SNAP) is definitely on the 'public charge' list. 

 

This seems to be a red flag.  You are claiming that you support two parents, yet they get public assistance.

Yeah I didn't know that would be a problem because I do pay the utilities and stuff and take care of occasional things to buy around the house. What does that have to do with me and my wife ? So because my parents get food stamps $200 or so a month that will cause issues with my wife's naturalization??   

[MoroccanLover40 2]

8 minutes ago, Greenbaum said:

Why does their verbiage appear in my name in the quote? 

What does this mean? Sorry lost 

[Cyberfx1024 7,980]

13 minutes ago, MoroccanLover40 said:

Yeah I didn't know that would be a problem because I do pay the utilities and stuff and take care of occasional things to buy around the house. What does that have to do with me and my wife ? So because my parents get food stamps $200 or so a month that will cause issues with my wife's naturalization??   

Not naturalization but the whole GC process. If your parents are in FS and you are trying to bring someone else here how does USCIS know that your wife won't end up on food stamps to?

[MoroccanLover40 2]

5 minutes ago, Cyberfx1024 said:

Not naturalization but the whole GC process. If your parents are in FS and you are trying to bring someone else here how does USCIS know that your wife won't end up on food stamps to?

my wife is already here with me for 9-10 months and we already married. My wife goes to school full time to be a nurse and can show proof. We have not received 1 dollar of food stamps or any kind of assistance. I work as a recruiter/ technician manager and making ok money and have a good amount saved. I just feel worried about this. I just don't understand because the only path in my view is a green card for her. We are already married so unless they unmarry us i don't see a way they can't approve us if not now but 10 applications later. I have no choice to keep trying or she will remain here illegally  and don't want that because we want to be a good working class couple. I have worked since 16 and she has 1 or 2 years left of school. No food stamps here for me 

[Cyberfx1024 7,980]

14 minutes ago, MoroccanLover40 said:

my wife is already here with me for 9-10 months and we already married. My wife goes to school full time to be a nurse and can show proof. We have not received 1 dollar of food stamps or any kind of assistance. I work as a recruiter/ technician manager and making ok money and have a good amount saved. I just feel worried about this. I just don't understand because the only path in my view is a green card for her. We are already married so unless they unmarry us i don't see a way they can't approve us if not now but 10 applications later. I have no choice to keep trying or she will remain here illegally  and don't want that because we want to be a good working class couple. I have worked since 16 and she has 1 or 2 years left of school. No food stamps here for me 

I completely understand all of this but you have to look at this from a outside perspective. The very first thing you need to do is respond to the very first petition that y'all filed and stop listening to this lawyer. What all did you send in with your first petition that got denied? Secondly, who told USCIS about your parents and them being on SNAP?

[MoroccanLover40 2]

We did reply to our 1st application but they still denied it. I'm filling out this Form I-944 to go along with 1-485 and sending it to the lawyer in the morning. I paid him money already and he seems to want to help us. What futher advice do you have ? I have kept everything 100% truth but I feel like if you make 1 mistake they will take a look at every single thing. 

 

"On January 21, 2020, we denied your Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number MSC1991XXXXXX. We sent you a denial notice that explains why we denied your case and your options. Please follow the instructions in the notice. If you do not receive your denial notice by February 5, 2020, please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address "

and the denial reason was "incorrect household size" which I find really really STUPID

Edited April 21, 2020 by millefleur
Personal information removed