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Cilllah

Overseas benefits in my country impact public charge?

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I have a question and I was hoping you guys can help me. I was under the impression that with the public charge when we AOS it only cares about American benefits? I’m on benefits here as I was a single mum studying and I was just asked if that will hinder me adjusting. I didn’t think it did but now I’m second guessing? Looking at the list of benefits though it only included American ones? So am I ok? 
 

On a similar note I just graduated last week as a teacher and honestly I don’t want to work in a school during a pandemic when my country is handling it badly and risking us getting covid and id have to take my daughter back to daycare which she’s currently not going to for safety. Does unemployment prior to US entry matter? I’m going to take any job in the US until I get my teaching job. I figured what happens in the US is more important.

 

I am young, healthy, got a degree and have enough cash in my bank for a good house deposit so I’m hoping I will be fine!

 

Thanks!

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Your timeline suggests you have not received the visa yet. So the sooner concern is getting that, not adjusting status.

 

There's 2 issues  here as it relates to the public charge inadmissibility...

1) Prior use of non-US public benefits. This will not be held against you. They only care about US benefits.

2) Employment history, age, health, etc. as part of the "totality of circumstances". These are just some factors that the CO will consider to determine if you are likely to become a public charge while in the US.

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

 

Once you enter on the K-1 and marry within 90 days, you will file or AOS. This will mean another affidavit of support (an I-864 this time). And the IO will make another public charge determination.

See https://www.uscis.gov/sites/default/files/policymanual/resources/Appendix-TotalityoftheCircumstancesFramework.pdf for a worksheet of positive and negative factors they will consider.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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  • 2 weeks later...
Filed: AOS (apr) Country: Australia
Timeline

I don't see why it would affect anything.

He was on Centrelink for a period of time (working long-term now) and it never came up during his interview.

It does seem to be only American benefits they care about in the whole process. You're good!

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