Denial for public charge

[jbarkley54 0]

I have heard that consular officials are denying more visas due to potential that applicant may become a public charge. My fiance currently receives the equivalent of workmans comp from his government (Brazil). Will they potentially deny him a visa due to this? Or does this rule only apply to applicants who have ever received US govt public assistance?

 

And am I not guaranteeing that he will not become a public charge on the I-134 Affidavit of Support?

[geowrian 22,344]

If you can provide a sufficient I-134 to satisfy the CO, then I wouldn't worry about it. Denial on public grounds basis are still not common, and you can always find a co sponsor or a second job if needed. Don't worry too much about it.

 

The beneficiary's use of workman's comp is not an issue. First, that's not a public charge item, and second, he just needs a suitable sponsor.

 

Edit: Just as a note, you are not "guaranteeing" anything with an I-134. The I-134 is not enforceable. It's just a tool to help the CO address the public charge risk.

This differs from the I-864 for AOS, which is enforceable.

Edited April 16, 2019 by geowrian

[jbarkley54 0]

Thanks for the reassurance. My I-134 shows income twice that of poverty level reqs and assets in excess of 600K. I have never used public assistance (I actually worked at an assistance office). I hoping age will not be a problem either - 

i'm 65, he is 60.

 

 

[Cathi 5,888]

His financial status in his home country has nothing to do with his K-1 visa.  As long as you meet the income requirements as petitioner to sponsor him, you don't need to worry. Good luck.

 

PS. Don't worry about the age difference, either. I'm 21 years older than my husband and it was a non-issue.

[SalishSea 18,609]

1 hour ago, jbarkley54 said:

Thanks for the reassurance. My I-134 shows income twice that of poverty level reqs and assets in excess of 600K. I have never used public assistance (I actually worked at an assistance office). I hoping age will not be a problem either - 

i'm 65, he is 60.

 

 

Is your household just yourself and eventually your fiance?  If so, you should be totally fine.  

[Mike E 11,764]

12 hours ago, jbarkley54 said:

Thanks for the reassurance. My I-134 shows income twice that of poverty level reqs and assets in excess of 600K. I have never used public assistance (I actually worked at an assistance office). I hoping age will not be a problem either - 

i'm 65, he is 60.

 

 

5 years is age difference is nothing. 

 

Workers comp is not public charge; it is an insurance claim.

[eleyfaith 0]

Question i was on workman comp for a year how would i go by doing my wife AOS. I have the earning from the US department of Labor 

[jan22 3,186]

The only problem with age is likely to be health costs.  He's approaching an age where that may be a concern.  He's not going to qualify for Medicare, so you need to be prepared to show plans for health insurance for him.  If you've got that covered, shouldn't have a problem.