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elkski

Public Charge. Is using the ACA a visa stopper??

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Filed: K-1 Visa Country: Thailand
Timeline

I have read  this  but still a bit confused on if it is a strong negative or a deal breaker if the sponsor for a k1 visa has been enrolled in the ACA over 12 of last 36 months. 

Does it matter if that included some supplemental  payment by the ACA?

 

Also I am not employed but  have some income and easily  have  the needed assets?   

Hopefully NOA2 will arrive any day.  But now i worry about the I-134.  

 

https://www.murthy.com/2019/10/24/dos-rule-on-determining-visa-ineligibility-based-on-public-charge-grounds/

 

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Filed: K-1 Visa Country: Thailand
Timeline

My I-129 was postmarked before the Feb  23 date.  Does this mean the new  public charge rules don't apply? 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge

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18 minutes ago, elkski said:

My I-129 was postmarked before the Feb  23 date.  Does this mean the new  public charge rules don't apply? 

https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge

It says, "on or after Feb 24, 2020". Seems to me you are exempt as you meet their requirements by being postmarked on the 23rd.

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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Filed: K-1 Visa Country: Thailand
Timeline

Actually postmarked the 19th.   Where are the rules that apply before the new decree?   I have been so patient this past 8 months waiting for NOA2. Can you believe 230 days plus for NOA2?  O had my head in the sand but I peeked yesterday and see many march noa1 have recently got NOA2.   I worry if mine is delayed.   What  would we do if they say no?   The grief and pain is real and only those in the ditch can smell the sludge.  

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18 hours ago, elkski said:

Actually, postmarked the 19th.   You are still submitted prior to the cutoff date so you're not affected. 

 

Where are the rules that apply before the new decree?   In the link you provided in your original post.

 

I have been so patient this past 8 months waiting for NOA2. Can you believe 230 days plus for NOA2?  Not only can I believe but for some that is normal. We are in a worldwide pandemic. 

 

O had my head in the sand, but I peeked yesterday and see many March noa1 have recently got NOA2.   There is always going to be someone who will process faster than you. It's the nature of the process. This is not a first in first out path to a NOA2.

 

I worry if mine is delayed.   After years and millions of cases USCIS has this down to a science. Occasionally a case will get misplaced but that is rare. You need to develop more trust in the system.

 

What would we do if they say no?   Get married and file for a CR-1/IR-1.

 

The grief and pain is real and only those in the ditch can smell the sludge.  Planning and walking in the middle of the road will keep you from falling into the ditch. 

Good luck and stay engaged. 

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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  • 4 weeks later...

https://www.healthcare.gov/immigrants/lawfully-present-immigrants/

"Enrollment in a Marketplace plan (with or without premium tax credits) is not a public benefit under the public charge final rule."

DISCLAIMER:

NOT A LAWYER.  ADVICE IS GENERAL IN NATURE.  CONSULT AN EXPERIENCED IMMIGRATION ATTORNEY (OR MULTIPLE ATTORNEYS) REGARDING YOUR SPECIFIC CASE.

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