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Russel1995

Possible issue in K1 "public charge"

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Read something while checking the K1 visa income requirement for 2019.. (I make $50k/year and my faince and her son are coming over  and i have 2 children partially reliable for their support.)  household will be "5"   I meet the requirement to support her.

 

read this...  states non english speakers may be denied for possible future "public charge"

 

https://asl-lawfirm.com/blog/tightening-minimum-income-requirements-for-immigration

 

Can anyone veryify if my Fiance not speaking english will get her disqualified for a future public charge?  We communicate in spanish... also plan on getting her a english tutor when she is in the US, Ive been teaching her and she is doing ok.. but no where near fluent.


02/16/2018: Met online on a mobile game called Guns of Glory

04/10/2018: Decided to try a long distance relationship.

05/06/2018: Flew to Mexico to meet!! (5 days)

07/16/2018: Flew down for her birthday on the 18th! (10 days)

07/18/2018: Proposed. (Happy birthday amor!)

09/23/2018: Flew down for a 5 day visit. (5 days)

10/03/2018: I129f sent

10/05/2018: NOA1

11/19/2018: Flew down for 20 day visit and met her parents (20 days)

02/11/2019: 5 day visit to spend the 14th together!

 

Total time spent together before interview: 40 days (still counting)

 

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2 minutes ago, AnneA said:

Sorry can't answer your primary question but my fiance is using an app in order to learn Danish and is making great progress ... so maybe your fiancée would benefit from a similar app too 😊

Yes. she is using Duolngo along with talking to me.


02/16/2018: Met online on a mobile game called Guns of Glory

04/10/2018: Decided to try a long distance relationship.

05/06/2018: Flew to Mexico to meet!! (5 days)

07/16/2018: Flew down for her birthday on the 18th! (10 days)

07/18/2018: Proposed. (Happy birthday amor!)

09/23/2018: Flew down for a 5 day visit. (5 days)

10/03/2018: I129f sent

10/05/2018: NOA1

11/19/2018: Flew down for 20 day visit and met her parents (20 days)

02/11/2019: 5 day visit to spend the 14th together!

 

Total time spent together before interview: 40 days (still counting)

 

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Don't worry.  You don't have a problem.

 

The minimum income for a household of 5 is around $35,000.  You make more than enough.

 

Being disqualified as a public charge depends on many factors, not just one.  Overall, the US Government is concern if the person can make a living and whether the US Government is likely have to provide help.  Generally, this applies to the elderly can not work and  those with severe disabilities who needs long term medical care.


Your fiancee is young and can work.  Her not speaking English is not a problem.  That alone will not make her likely to be a public charge.

 

Please read what is means to likely be a public charge.  You will see that there are many factors.  https://www.uscis.gov/greencard/public-charge

Edited by aaron2020

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39 minutes ago, aaron2020 said:

Don't worry.  You don't have a problem.

 

The minimum income for a household of 5 is around $35,000.  You make more than enough.

 

Being disqualified as a public charge depends on many factors, not just one.  Overall, the US Government is concern if the person can make a living and whether the US Government is likely have to provide help.  Generally, this applies to the elderly can not work and  those with severe disabilities who needs long term medical care.


Your fiancee is young and can work.  Her not speaking English is not a problem.  That alone will not make her likely to be a public charge.

 

Please read what is means to likely be a public charge.  You will see that there are many factors.  https://www.uscis.gov/greencard/public-charge

Under current terms of public charge.. she is OK.  Under the proposed rules changing the term "public charge" she may not be...

 

https://www.uscis.gov/legal-resources/proposed-change-public-charge-ground-inadmissibility

 

also look on the link of the OP.. from my understabding they could decide to disregard my income entirely and look at her ability to sustain herself and her son if we were to split.

 

Edited by Russel1995

02/16/2018: Met online on a mobile game called Guns of Glory

04/10/2018: Decided to try a long distance relationship.

05/06/2018: Flew to Mexico to meet!! (5 days)

07/16/2018: Flew down for her birthday on the 18th! (10 days)

07/18/2018: Proposed. (Happy birthday amor!)

09/23/2018: Flew down for a 5 day visit. (5 days)

10/03/2018: I129f sent

10/05/2018: NOA1

11/19/2018: Flew down for 20 day visit and met her parents (20 days)

02/11/2019: 5 day visit to spend the 14th together!

 

Total time spent together before interview: 40 days (still counting)

 

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10 minutes ago, Russel1995 said:

Under current terms of public charge.. she is OK.  Under the proposed rules changing the term "public charge" she may not be...

 

ill look for the USCIS document page amd uodate.

 

There is nothing in the proposed changes that would make your fiancee inadmissible based solely on not speaking English.  

 

Under the Totality of Circumstances standard, your fiancee's English skills is one of many factors in determining her likely to be a public charge.  It's not determinative in itself.

 

 

Edited by aaron2020

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1 minute ago, aaron2020 said:

There is nothing in the proposed changes that would make your wife inadmissible based solely on not speaking English.  

haha gracias.  first article stated this:

 

 

"In proposed regulations posted Wednesday, October. 10, 2018, the Department of Homeland Security (DHS) intends to redefine the term “public charge” to block green cards and visas for low-income immigrants. The administration will more heavily scrutinize the financial status of foreigners before granting immigration benefits. Low-income immigrants include young adults, the elderly, individuals with disabilities, and non-English speakers. The changes would create significant hurdles for immigrating family members to the U.S.as well as for foreigners here on non-immigrant visas such as student visas."

 

 

i cant even see if the proposed rules took effect or not due to shutdown.


02/16/2018: Met online on a mobile game called Guns of Glory

04/10/2018: Decided to try a long distance relationship.

05/06/2018: Flew to Mexico to meet!! (5 days)

07/16/2018: Flew down for her birthday on the 18th! (10 days)

07/18/2018: Proposed. (Happy birthday amor!)

09/23/2018: Flew down for a 5 day visit. (5 days)

10/03/2018: I129f sent

10/05/2018: NOA1

11/19/2018: Flew down for 20 day visit and met her parents (20 days)

02/11/2019: 5 day visit to spend the 14th together!

 

Total time spent together before interview: 40 days (still counting)

 

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https://www.uscis.gov/legal-resources/proposed-change-public-charge-ground-inadmissibility

 

https://www.nilc.org/issues/economic-support/pubcharge/proposed-changes-to-public-charge-rule-faq/

 

The proposed new rule also:

  • Lists other standards for immigration officials to consider when evaluating an individual case. For example, having limited English-speaking skills or physical or mental health conditions that could affect the person’s ability to work, attend school, or care for themselves would be viewed negatively in the “totality of circumstances” test.

Does your fiancee's limited English going to impact her ability to work, attend school, or care for herself?  Probably not.  
 

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Spanish is, obviously, a very common language here in the U.S. so even as far as non-English speakers go, I doubt they'd bat an eye even if you look at the "worst-case scenario." 

Honestly, you're worrying over nothing.


03/01/2018 - I-129F Sent

03/05/2018 - I-129F NOA1 (old site)

03/08/2018 - I-129F NOA1 (new site)
09/14/2018 - I-129F NOA2 

10/16/2018 - NVC Received

10/21/2018 - Consulate Received 

10/21/2018 - Packet 3 Received

12/30/2018 - Packet 3 Sent

01/06/2019 - Packet 4 Received

01/29/2019 - Interview Date - APPROVED!

02/05/2019 - Visa Received

##/##/2019 - U.S. Arrival

##/##/2019 - Married
 

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