Will Merit-Based Immigration Affect K-1s?

[xxlian 100]

11 hours ago, James120383 said:

 

Congress hasnt passed an immigration bill for 25 years. So if you need to chill.. read that again. Congress track record and interest to change status quo is zero. Silly donald think he is a king and. can pass EO for citizenship. 

Yes, I absolutely agree with you. I just had very little knowledge about what a merit-based system would entail, and I had to do some research about it. Any time anything about immigration comes up, people who are in this process (like I am) or who are considering this process can get anxious about such things. I'm just trying to allay other people's concerns the way I had to with my own. 

[Redheadguy03 505]

11 hours ago, Cyberfx1024 said:

You know under Merit based immigration systems people can still petition their fiance, spouses, and children right? You just wouldn't be able to petition your parents and/or siblings. That is how other countries like Australia and Canada do it. 

You get "points" under the merit system for Canada at least, if you have family there. I don't recall how many points it is, but I have some family over there. You're correct they generally speaking can't just petition you outright. 

Edited July 12, 2020 by Redheadguy03

[theballaam96 49]

If you're already in the K-1 process, (AKA myself and my fiancee's petition is at the NVC waiting to be sent to the US Embassy in London), do you think we would be affected?

[DaveAndAnastasia 2,092]

1 hour ago, theballaam96 said:

If you're already in the K-1 process, (AKA myself and my fiancee's petition is at the NVC waiting to be sent to the US Embassy in London), do you think we would be affected?

Although current immigration law give the executive branch quite a bit of discretion, switching to a merit-based model is clearly beyond the scope of what can be done with an executive order or regulatory changes and anyone claiming otherwise is just trolling.

 

Beyond that, the only ways marriage-based immigration has been affected by anything done recently has been incidental side effects (neglecting to exclude marriage based AOS or at least AOS from K visas from the I-944 requirement; more general visa bans or suspensions of routine visa services; etc), and there's no one of consequence in either party arguing for doing so. Don't worry about it.

[HRQX 4,145]

1 hour ago, DaveAndAnastasia said:

(neglecting to exclude marriage based AOS or at least AOS from K visas from the I-944 requirement;

Why should K-1 and/or other marriage-based AOS applicants be exempt from I-944 requirement? The form instructions state: "If you do not have a credit report or credit score, provide documentation that demonstrates that you do not have a credit report or score with a credit bureau." They can call the credit bureaus for a letter stating that:

It wasn't an unintentional mistake: https://www.uscis.gov/sites/default/files/policymanual/resources/Appendix-PublicChargeApplicabilitytoFamily-BasedAOS.pdf Page 2

Edited July 12, 2020 by HRQX

[geowrian 22,337]

56 minutes ago, HRQX said:

Why should K-1 and/or other marriage-based AOS applicants be exempt from I-944 requirement? The form instructions state: "If you do not have a credit report or credit score, provide documentation that demonstrates that you do not have a credit report or score with a credit bureau." They can call the credit bureaus for a letter stating that:

It wasn't an unintentional mistake: https://www.uscis.gov/sites/default/files/policymanual/resources/Appendix-PublicChargeApplicabilitytoFamily-BasedAOS.pdf Page 2

Not only that, but certainly not every K-1 visa is the couple’s only history in the US. Many were former students, workers, etc., so previous tax returns and credit info applies.

[DaveAndAnastasia 2,092]

3 hours ago, HRQX said:

Why should K-1 and/or other marriage-based AOS applicants be exempt from I-944 requirement? 

Because your spouse is expected to be able to support you, and in fact has to provide an affidavit saying that he or she will.

 

And virtually all of what's required by that form is largely meaningless for someone who's only been in the US for a short time, which is the case for the overwhelming majority of people adjusting from a K-1, and a pretty large chunk of other marriage-based AOS too (as much as we here on VJ tend to think in many cases AOS from tourist visas, ESTA/VWP, and visa-free travel from Canada is kind of sketchy, it happens quite a lot).

[HRQX 4,145]

1 hour ago, DaveAndAnastasia said:

And virtually all of what's required by that form is largely meaningless for someone who's only been in the US for a short time,

But a blanket exception for all K-1 AOS applicants is not the answer.

 

Overall, I-944 is a tool for INA 212(a)(4)(B)(i) purposes: "In determining whether an alien is inadmissible under this paragraph, the consular officer or the Attorney General shall at a minimum consider the alien's- (I) age; (II) health; (III) family status; (IV) assets, resources, and financial status; and (V) education and skills."

[HRQX 4,145]

4 hours ago, DaveAndAnastasia said:

and in fact has to provide an affidavit saying that he or she will.

So do spouses of marriage-based Immigrant Visa applicants. Yet, COs can ask the Immigrant Visa applicant to submit DS-5540 at the interview. Both DS-5540 and I-944 have similar section headings:

1. Information About You
2. Health Insurance
3. Your Household Size
4. Your Assets, Resources, and Financial Status
5. Your Education and Skills

The practical difference between DS-5540 and I-944 is that DS-5540 doesn't ask for US credit report or score from the Immigrant Visa applicant.

[TBoneTX 45,267]

Thread is moved from the K-1 Process forum to the General Immigration Discussion forum.