Final public charge rule

[yuna628 9,530]

39 minutes ago, fascinating123 said:

Yes, it's not a question to me whether or not the new rule applies, but rather whether the new rule would result in the application being denied. I wasn't necessarily looking for a concrete answer (since I don't believe any of us know how the rule will be enforced at the moment), more wondering out loud.

Well. Do you have health insurance for the mom? And you have a big household income, no public benefits, and such. Sounds like you'd be okay.

[fascinating123 38]

4 minutes ago, yuna628 said:

Well. Do you have health insurance for the mom? And you have a big household income, no public benefits, and such. Sounds like you'd be okay.

No. My wife has been unable to add her onto her plan (which is the plan I'm on as well) since she's not legally a dependent (which she can only be if she's a resident, or so TurboTax tells me). I broker for life and health insurance and none of the companies I'm assigned with will insure anyone who is a national of Yemen who is also not a US citizen. I suppose hypothetically one exists I just haven't found one.

[Mrsjackson 300]

https://www.google.ca/amp/s/amp.sacbee.com/news/politics-government/capitol-alert/article234058747.htmlp

 

The state of California is suing Trump because of this.  

[Nitas_man 3,100]

17 hours ago, Soul Mates said:

For a spousal visa the household wouldn't be the same unless the US citizen is living with them overseas?

 

I'm not familiar with the particulars of the consultant changes, but that might be easier to pass as K1 than spousal if the immigrant doesn't make enough and has other negative factors?

I respectfully disagree.  An immigrant can be added to health insurance right after marriage.  A spouse is added as a member of the household for tax purposes right after marriage.  Negative / positive can be overcome from the US sponsors side regardless of anything else.

 

Mothers, fathers, brothers?  I can easily see that there will be an extra burden on those categories because they do not share joint ownership of household income, assets, and benefits that spouses share.  

 

In our case I never worried about anything from my wife’s side, even in 2018, because whatever we showed as assets had her name on them.  She doesn’t work here.  Our kids are young.  But her credit score is 800+, she’s on private insurance, and assets with her name are in 6 figures.  I wanted and planned it that way.  

53 minutes ago, fascinating123 said:

No. My wife has been unable to add her onto her plan (which is the plan I'm on as well) since she's not legally a dependent (which she can only be if she's a resident, or so TurboTax tells me). I broker for life and health insurance and none of the companies I'm assigned with will insure anyone who is a national of Yemen who is also not a US citizen. I suppose hypothetically one exists I just haven't found one.

Yep

 

I am suspecting that older immigrants (parents) unless they have some source of income or assets will encounter problems.

 

On another note we moved from Saudi and were there when “bone sawman” kicked off his adventure, and she should be more than safe under her refugee status.  

Edited August 16, 2019 by Nitas_man

[Nitas_man 3,100]

3 hours ago, WaterLeaf said:

Maybe I guess someone can have fun taking guesses for me.

Me - USC, F, married to Husband, 30, arrived on K1 Visa and currently applying on AOS with NOA1 in mail Today.
Me - making 38k USD a year working full time with a certification degree/no AS/BA Degree but ongoing education with free materials whenever.. No debt. Both of us have no current/ongoing medical condition and I'm not preg if that count.
I had not taken any public benefits over the past more than 5 years, I don't remember anymore after that. I have good/excellent credit score, my husband have none. I have him on my ACA Health Insurance.

I also filled out the Affidavit of Support. My husband is a coder/programmer, so he'll likely land into IT job close by where I live and he'll have a vehicle ready with DL when the time has come.

Anything else I'm missing?

ACA gets reported on the form.  I do not believe they penalize for subsidized premiums but they ask that they be reported.

[Soul Mates 44]

7 minutes ago, Nitas_man said:

I respectfully disagree.  An immigrant can be added to health insurance right after marriage.  A spouse is added as a member of the household for tax purposes right after marriage.  Negative / positive can be overcome from the US sponsors side regardless of anything else.

 

Mothers, fathers, brothers?  I can easily see that there will be an extra burden on those categories because they do not share joint ownership of household income, assets, and benefits that spouses share.  

 

In our case I never worried about anything from my wife’s side, even in 2018, because whatever we showed as assets had her name on them.  She doesn’t work here.  Our kids are young.  But her credit score is 800+, she’s on private insurance, and assets with her name are in 6 figures.  I wanted and planned it that way.  

Yep

If the immigrant spouse lives with others who aren't immigrating, wouldn't they have to be included as household members for the previous 3 years on the form? I understand what you mean for immigrants living alone or with children who are immigrating.

[geowrian 22,335]

10 minutes ago, Soul Mates said:

If the immigrant spouse lives with others who aren't immigrating, wouldn't they have to be included as household members for the previous 3 years on the form? I understand what you mean for immigrants living alone or with children who are immigrating.

Household size is not the same as people who live in the same residence.

[Soul Mates 44]

Just trying to think if there could be a difference in outcome for a K1 vs Spousal visa, since the new form happens at different times (AOS vs visa) and the increased scrutiny on the immigrant + 3 year look back at the immigrant's household income. Would the consulate want the 3 year look back during the K1 visa?

 

Hopefully there couldn't be a situation where a K1 visa gets approved but during the AOS they get rejected because of this new form! 😮

Edited August 16, 2019 by Soul Mates

[Soul Mates 44]

Maybe my understanding on when this form affects K1 is wrong. 🤷‍♀️

[yuna628 9,530]

3 hours ago, fascinating123 said:

No. My wife has been unable to add her onto her plan (which is the plan I'm on as well) since she's not legally a dependent (which she can only be if she's a resident, or so TurboTax tells me). I broker for life and health insurance and none of the companies I'm assigned with will insure anyone who is a national of Yemen who is also not a US citizen. I suppose hypothetically one exists I just haven't found one.

That sounds discriminatory to me. National origin has no bearing on obtaining health insurance so long as the person is legally present. I've seen people get their elderly parents as a dependent on their taxes, but that really doesn't much have anything to do with heath coverage. You may not be able to add her to the wife's plan, but would you be willing to just buy her own private plan? You could also try signing her for Obamacare, it will be a lot more convoluted but her status would certainly allow for this. Keep in mind, as I said earlier, the ACA is not a means tested benefit, but we're still not clarified how it will be interpreted in the new policy. It merely says greater positive weight would be applied to private plans.

1 hour ago, Soul Mates said:

 

 

Hopefully there couldn't be a situation where a K1 visa gets approved but during the AOS they get rejected because of this new form! 😮

I could very sadly see that happening. To be fair the K1 form is the I-134, and some consulates allow you to get by with 100% FPL rather than 125%. Some, like London allow for self-sponsorship if the beneficiary has got a big chunk of savings. Since it's a non-immigrant visa with dual intent, the person has the option to stay or go afterwards, so the support is really just supposed to be for the 90 day period.

[fascinating123 38]

15 minutes ago, yuna628 said:

That sounds discriminatory to me. National origin has no bearing on obtaining health insurance so long as the person is legally present. I've seen people get their elderly parents as a dependent on their taxes, but that really doesn't much have anything to do with heath coverage. You may not be able to add her to the wife's plan, but would you be willing to just buy her own private plan? You could also try signing her for Obamacare, it will be a lot more convoluted but her status would certainly allow for this. Keep in mind, as I said earlier, the ACA is not a means tested benefit, but we're still not clarified how it will be interpreted in the new policy. It merely says greater positive weight would be applied to private plans.

I could very sadly see that happening. To be fair the K1 form is the I-134, and some consulates allow you to get by with 100% FPL rather than 125%. Some, like London allow for self-sponsorship if the beneficiary has got a big chunk of savings. Since it's a non-immigrant visa with dual intent, the person has the option to stay or go afterwards, so the support is really just supposed to be for the 90 day period.

 

Part of it might be the rules my brokerage firm has in place regarding OFAC and Patriot Act compliance. They wouldn't even open an investment account for my wife's aunt because she (the aunt) wasn't a US citizen. 

[Nitas_man 3,100]

1 hour ago, yuna628 said:

That sounds discriminatory to me. National origin has no bearing on obtaining health insurance so long as the person is legally present. I've seen people get their elderly parents as a dependent on their taxes, but that really doesn't much have anything to do with heath coverage. You may not be able to add her to the wife's plan, but would you be willing to just buy her own private plan? You could also try signing her for Obamacare, it will be a lot more convoluted but her status would certainly allow for this. Keep in mind, as I said earlier, the ACA is not a means tested benefit, but we're still not clarified how it will be interpreted in the new policy. It merely says greater positive weight would be applied to private plans.

I could very sadly see that happening. To be fair the K1 form is the I-134, and some consulates allow you to get by with 100% FPL rather than 125%. Some, like London allow for self-sponsorship if the beneficiary has got a big chunk of savings. Since it's a non-immigrant visa with dual intent, the person has the option to stay or go afterwards, so the support is really just supposed to be for the 90 day period.

Discriminatory?

 

How?  

 

Since when did parents and other relatives qualify for family health insurance?  

In any household?

 

 

 

[Nitas_man 3,100]

49 minutes ago, fascinating123 said:

 

Part of it might be the rules my brokerage firm has in place regarding OFAC and Patriot Act compliance. They wouldn't even open an investment account for my wife's aunt because she (the aunt) wasn't a US citizen. 

No health insurance will add a parent, brother, sister, or any other non-spouse or child relative to a plan.

WTH?

They are responsible for their own insurance, or their sponsor can buy a separate policy 😂 at ruinous expense

[Nitas_man 3,100]

3 hours ago, Soul Mates said:

Just trying to think if there could be a difference in outcome for a K1 vs Spousal visa, since the new form happens at different times (AOS vs visa) and the increased scrutiny on the immigrant + 3 year look back at the immigrant's household income. Would the consulate want the 3 year look back during the K1 visa?

 

Hopefully there couldn't be a situation where a K1 visa gets approved but during the AOS they get rejected because of this new form! 😮

K1 seems to be exempt but the sponsor will be looked at very closely

4 hours ago, Soul Mates said:

If the immigrant spouse lives with others who aren't immigrating, wouldn't they have to be included as household members for the previous 3 years on the form? I understand what you mean for immigrants living alone or with children who are immigrating.

Nope.  Marriage = new household

Edited August 17, 2019 by Nitas_man

[Hemutian 68]

3 minutes ago, Nitas_man said:

K1 seems to be exempt but the sponsor will be looked at very closely

Nope.  Marriage = new household

What are you basing the statement "K1 seems to be exempt" on?

From reading through this entire thread, the consensus of the vast majority of people on here seems to be that K1 applicants are NOT exempt.