K1 Beneficiary and New Public Charge Rule

[NickyB 5]

Hi everyone, 

I'm getting ready to file the initial form for the K1 visa, nothing has been sent to the government yet. 

 

So my question is, does my fiance now have to show proof of income, education, assets.. etc? If so, is there a minimum requirement for that? I'm going to see an attorney that specializes in family visas to be safe. 
But also, what does this mean if your fiance doesn't make enough money? Or doesn't have a job? 

What about an American citizen who has a mother, spouse.. etc that doesn't work? Is disabled? 

This just seems completely absurd. 

[ecuatorianos2018 41]

27 minutes ago, NickyB said:

Hi everyone, 

I'm getting ready to file the initial form for the K1 visa, nothing has been sent to the government yet. 

 

So my question is, does my fiance now have to show proof of income, education, assets.. etc? If so, is there a minimum requirement for that? I'm going to see an attorney that specializes in family visas to be safe. 
But also, what does this mean if your fiance doesn't make enough money? Or doesn't have a job? 

What about an American citizen who has a mother, spouse.. etc that doesn't work? Is disabled? 

This just seems completely absurd. 

The new public charge rules will apply when you are in the US and ready to adjust status not for the initial K1 visa. However, the US citizen fiancé does need to submit an affidavit of support when you have your K1 visa interview at the foreign embassy and provide evidence related to income and employment. For the K1 visathe US citizen needs to prove they make at least 100% of the poverty level (this goes up to 125% when applying for AOS). If they don’t make enough money or have a job they will need to ask someone who can be a joint sponsor. While you are preparing now, get extremely familiar with all the steps and procedures for the K1 visa. The guide on this website is very helpful at breaking down by list what you will need to submit and the steps taken. Start collecting as much evidence as you can now because some things can take a while to acquire. 

[NoMansLand2020 298]

43 minutes ago, NickyB said:

Hi everyone, 

I'm getting ready to file the initial form for the K1 visa, nothing has been sent to the government yet. 

 

So my question is, does my fiance now have to show proof of income, education, assets.. etc? If so, is there a minimum requirement for that? I'm going to see an attorney that specializes in family visas to be safe. 
But also, what does this mean if your fiance doesn't make enough money? Or doesn't have a job? 

What about an American citizen who has a mother, spouse.. etc that doesn't work? Is disabled? 

This just seems completely absurd. 

Nobody needs to send proof of income, education and/or assets along with the I129f. However, there are employment and education related questions that you will need to answer. 

 

The petitioner will need to show proof that they can support the benefiary at interview time. The I-134 Affidavit of Support will need to be filed by the Petitioner and there are income requirements. If you do not meet these requirements, you can have a co-sponsor. 

Edited April 21, 2020 by Solaris81

[NickyB 5]

Thanks everyone, 
I actually just consulted with an attorney. Looks like they will ask for the beneficiary's education, assets, income.. etc I didn't ask if this will be when we adjust for AOS or at the interview. 

Either way, as personal decision, I decided to hire an attorney. Expensive, but you can work out payment plans or negotiate with them. I just feel more comfortable going this route. 

[NoMansLand2020 298]

1 minute ago, NickyB said:

Thanks everyone, 
I actually just consulted with an attorney. Looks like they will ask for the beneficiary's education, assets, income.. etc I didn't ask if this will be when we adjust for AOS or at the interview. 

Either way, as personal decision, I decided to hire an attorney. Expensive, but you can work out payment plans or negotiate with them. I just feel more comfortable going this route. 

You don't need an attorney... It's an easy process. 

[geowrian 22,337]

20 minutes ago, ecuatorianos2018 said:

he new public charge rules will apply when you are in the US and ready to adjust status not for the initial K1 visa.

Well, yes and no.

Yes, there is a new public charge rule for AOS.

There is also a very similar public charge rule change at DOS for visas that started on the same date. This rule involves a new form as  well, the DS-5540 (https://eforms.state.gov/Forms/ds5540.PDF).

This is similar in nature to that of the I-944 as it pertains to the applicant's circumstances. It is not strictly required for a K-1 since it is an NIV, but since it's handled by the IV unit, it is something to have prepared as they may request it.

[NotPennysBoat 20]

16 minutes ago, Solaris81 said:

You don't need an attorney... It's an easy process. 

You really don't. Just READ the paperwork, do not lie about anything, and google / ask questions here. 
 

Unless you have something that could prohibit you from filing, you will be fine filing by yourself. 

 

[NickyB 5]

Considering the lack of transparency with the new rule is a good 60 percent of why I'm going with an attorney. Also, we are a same sex couple, so my attorney specializes in LGBT and family immigration. So I want some sort of sense of security you know? I realizes I still have to gather documents myself, but I have paranoia and would rather have some professional guidance. Just a personal choice that my partner and I agreed on. 

 

[Greenbaum 12,259]

10 hours ago, NickyB said:

Thanks everyone, 
I actually just consulted with an attorney. Looks like they will ask for the beneficiary's education, assets, income. etc I didn't ask if this will be when we adjust for AOS or at the interview. 

Either way, as personal decision, I decided to hire an attorney. Expensive, but you can work out payment plans or negotiate with them. I just feel more comfortable going this route. 

You really don't need an attorney to do this process. It's extremely easy and there are million "lawyers" inside VJ that will help with any of your questions. You just experience some of that help and you have yet to pay us. 

[Greenbaum 12,259]

10 hours ago, NickyB said:

Considering the lack of transparency with the new rule is a good 60 percent of why I'm going with an attorney. Also, we are a same sex couple, so my attorney specializes in LGBT and family immigration. So I want some sort of sense of security you know? I realizes I still have to gather documents myself, but I have paranoia and would rather have some professional guidance. Just a personal choice that my partner and I agreed on. 

 

We have yet to hear from any LGBT couples who were denied based on their LGBT status. The lawyer cannot do anything more than you can do yourself using the tools and expertise of those that are here on VJ.

 

Same-sex spouses of U.S. citizens and Lawful Permanent Residents (LPRs), along with their minor children, are now eligible for the same immigration benefits as opposite-sex spouses. Consular officers at U.S. Embassies and Consulates will adjudicate their immigrant visa applications upon receipt of an approved I-130 or I-140 petition from USCIS. For further information, please see our FAQ’s.

 

From <https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/immigrant-visa-for-a-spouse-or-fiance-of-a-us-citizen.html>

[SmallTownPA 72]

As usual, no one actually read the 'public charge' legislation.

 

The jist is that you cannot have been on 'public assistance' (and there is a list of what are officially considered public assistance')  for more than 12 months out of a 36 month rolling period.

 

So no, if you are jumping right in to AOS from K1 then there is no way you can be on public assistance for 12 months prior to applying.  IF you delay, then yes, there is a possibility you could trigger the law.

 

Read the rules, folks, its all written down for your convenience.

 

As for lawyers, there are plenty of VJ posts about how wrong these lawyers are.

 

As for LGBT.  No one cares.  You're married and you're going to AOS. 

[geowrian 22,337]

No legislative changes have been made to the public charge rule to read. The law says nothing about any timeline for usage, or really anything other than very basic constraints that the CO or IO must believe the applicant will not become a public charge.

The rules around public charge have changed recently, and do set more of a framework for making that determination.

 

I don't get the reference to the 12 out of 36 month usage criteria. True, that (generally) won't apply to a new K-1 holder, but all the other public charge totality of circumstances factors apply (FAM: https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2, USCIS: https://www.uscis.gov/sites/default/files/policymanual/resources/Appendix-TotalityoftheCircumstancesFramework.pdf).

I don't think anybody mentioned an issue with prior or current usage in the OP's case.

[SalishSea 17,970]

21 hours ago, NickyB said:

Considering the lack of transparency with the new rule is a good 60 percent of why I'm going with an attorney. Also, we are a same sex couple, so my attorney specializes in LGBT and family immigration. So I want some sort of sense of security you know? I realizes I still have to gather documents myself, but I have paranoia and would rather have some professional guidance. Just a personal choice that my partner and I agreed on. 

 

It may give you the feeling of "security," but immigration attorneys cannot speed up any process or affect a denial/approval in any way.  For straightforward fiance/spouse petitions, they really are of no use.  Where they become useful is when there are inadmissabilities, waivers, criminal backgrounds etc.

 

Personally, I would save my money for the more expensive parts of the process coming down the pike, such as AOS.

 

And just so you  know, since same-sex marriage has been legal in every US state for many years now, USCIS and DOS are quite used to same-sex couples, even at US embassies in countries where it is still taboo or illegal.  There is absolutely no discrimination based on that allowed, just like with all federal agencies. So, no worries there.  Best of luck.

[Nitas_man 3,100]

22 hours ago, NickyB said:

Thanks everyone, 
I actually just consulted with an attorney. Looks like they will ask for the beneficiary's education, assets, income.. etc I didn't ask if this will be when we adjust for AOS or at the interview. 

Either way, as personal decision, I decided to hire an attorney. Expensive, but you can work out payment plans or negotiate with them. I just feel more comfortable going this route. 

Not advised if you can fully support and provide health insurance for the immigrant by the time you marry and file AOS

[Just Paul 4,595]

22 hours ago, NickyB said:

what does this mean if your fiance doesn't make enough money? Or doesn't have a job? 

What matters is the income of the petitioner and the number of dependents.   Look at the I-864p details. For a K1 it is 100% of the guidelines until the I-864 is filed.

The beneficiary's skills and education will be covered in the I-944.

 

You are going to have to provide all of the information for the forms and attorneys and for that matter the companies that file forms,  have been known to make horrible mistakes delaying the process.  This is a do-it-yourself site and most here have done it alone or with the help of the site.