Public Charge Rule Query for K1 visas

[Jen27062019 22]

Hi, I just wanted to ask how the new Public Charge Rule affects K1 visa applications. Does the petitioner need to have 250% of the required minimum income?

 

Thank you! @Greenbaum

[geowrian 22,337]

The 250% level was never required. it was a heavily weighted positive factor.

 

For a K-1 specifically, the CO really just looks at a totality of the circumstances. The I-134 is just a tool to help them do so. Some countries don't regularly even ask for the I-134. One even let you self-sponsor. A handful are much more strict.

I would suggest looking at what your consulate typically wants to see, albeit often you can get a pretty good idea if you are sufficient or not.

 

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

[Greenbaum 12,259]

3 hours ago, Jen27062019 said:

Hi, I just wanted to ask how the new Public Charge Rule affects K1 visa applications. Does the petitioner need to have 250% of the required minimum income?

 

Thank you! @Greenbaum

See @geowrian answer as I concur with his assessment.

Edited August 18, 2020 by Greenbaum

[In4theJourney 171]

@geowrian @Greenbaum

 

would you guys know if a petitioner receiving healthcare by government is consider public charge? I have healthcare for my children through the government Currently due through this pandemic and job change. 

[geowrian 22,337]

36 minutes ago, In4theJourney said:

@geowrian @Greenbaum

 

would you guys know if a petitioner receiving healthcare by government is consider public charge? I have healthcare for my children through the government Currently due through this pandemic and job change. 

Define "healthcare by the government". You mean an ACA plan (healthcare.gov)? Or Medicaid? What state?

Do you already have a green card or are you a financial sponsor for somebody else?

[In4theJourney 171]

1 hour ago, geowrian said:

Define "healthcare by the government". You mean an ACA plan (healthcare.gov)? Or Medicaid? What state?

Do you already have a green card or are you a financial sponsor for somebody else?

Medicaid I believe. I’m a US citizen in Arizona. I’m sponsoring my fiancé. 

[geowrian 22,337]

5 hours ago, In4theJourney said:

Medicaid I believe. I’m a US citizen in Arizona. I’m sponsoring my fiancé. 

Depending on the exact public charge rule in effect at the time of the interview (1999 FAM guidance, 2018 FAM guidance, 2019 FAM guidance, or something new), it could be a factor as it is a means-tested public benefit. It is not a basis for refusal in itself, just part of the totality of the circumstances.

 

Your fiance won't be able to use that plan. That is a means tested benefit that he generally won't qualify to use for at least 5 years after getting a green card (or if he becomes a USC sooner). There should be plans in place for alternative health insurance after his arrival (like an ACA/healthcare.gov plan, which he can use once he applies for AOS).

Only 2 states generally fund Medicaid without federal money for new immigrants: NY and CA.

[zochu 255]

On 8/18/2020 at 5:10 PM, Jen27062019 said:

Hi, I just wanted to ask how the new Public Charge Rule affects K1 visa applications. Does the petitioner need to have 250% of the required minimum income?

 

Thank you! @Greenbaum

In my recent experience at the consulate in Sydney, my husband did even close to 250% but they wanted a joint sponsor. He did return back to the states that year and previous tax return was $0.

 

its case by case, but depending how close you are to the 125% as required and how long the petitioner has been in that position, I would consider a joint sponsor. Just to be safe. Getting a joint sponsor added 2 weeks to our case being approved. 
 

also, the consular assistant said that the consular official may request our public charge form too. He never did but wanted a joint sponsor. 

Edited August 20, 2020 by zochu