Final public charge rule

[Lucky2Lucky 2,526]

53 minutes ago, VALU said:

Your name might change but your social security number and other identifiers don't change. This is the USA government we are talking about....

And your alien #... great way to find out who you are.

[Heather&Miguel 25]

Okay. I understand the "not using public benefits"portion of all of this. I agree with that as it's our job as sponsors to take care of our beneficiaries. My fiance won't even receive his K1 visa until Oct/Nov and by the time we marry and apply for his green card, we may not get it, according to these new regulations. The credit checks and 250% over poverty level is too much. This excludes (and I'm sure on purpose) those coming here from poorer countries, who also have lower income families that are supporting them. I make enough to support both of us until he can start working legally but not at 250%! This reeks of not only racism but of class-ism as well.

[Lucky2Lucky 2,526]

48 minutes ago, Cilllah said:

I woke up this morning feeling sick when somebody showed me this and I’m wondering if it’ll impact me moving to be with my fiancé.

 

We we’re going to apply in September this year but would it make sense to do it this month? We were just trying to balance it with us wanting to move next September.

 

We are both currently students who are about to graduate but I haven’t worked for the past two years due to having a baby and studying full time. However I still receive money in Australia and have a house deposit ready to go.

 

His father is going to sponsor us for K1. I’m just wondering are we screwed? Is there anything I can do to make sure we are ok? Is all hope lost?

How would you be screwed? Hopefully your fiancé will get a job to support you both and once you have your work permit you bring in money as well. You either buy health insurance or get it through the job. Immigration alone is very costly never mind daily expenses in the US.

[Boketto 211]

I thought that the whole point of affidavit of support was to ensure that immigrants don’t become public charges. All they really need to do is to make sure that sponsors are legally compelled to support those they sponsored. If a wealthy individual decided to sponsor a poor spouse/parent/sibling from overseas for example, they shouldn’t be penalized just because the applicant is poor. The sponsor should just be made to carry the consequences of their decision - if the immigrant becomes a liability, then said immigrant becomes the burden of the sponsor and not the government. By barring the immigrant entry based on how much he or she makes, they are essentially punishing both and USC and the immigrant for an unforeseeable potential outcome. 

[Cilllah 470]

1 minute ago, Luckycuds said:

How would you be screwed? Hopefully your fiancé will get a job to support you both and once you have your work permit you bring in money as well. You either buy health insurance or get it through the job. Immigration alone is very costly never mind daily expenses in the US.

He already has a job but once he graduates he will get a better one. I’ll be applying for teaching positions as soon as I can but also anything in the meantime too. 

 

I just figure we will be applying fast after moving when we marry so I won’t have the time to build up my own credit and I can’t work until we’ve applied for the green card so isn’t that moot? Sorry if I’m missing something obvious. We already know what we are doing for health insurance and I know the cost of living. It’s cheaper than my current cost. Of course health can be costly but insurance is planned.

[Nitas_man 3,100]

It looks like on page 209 of the new rules that the support affidavit requirements are being raised to 250% of poverty level.

[Lucky2Lucky 2,526]

5 minutes ago, Heather&Miguel said:

Okay. I understand the "not using public benefits"portion of all of this. I agree with that as it's our job as sponsors to take care of our beneficiaries. My fiance won't even receive his K1 visa until Oct/Nov and by the time we marry and apply for his green card, we may not get it, according to these new regulations. The credit checks and 250% over poverty level is too much. This excludes (and I'm sure on purpose) those coming here from poorer countries, who also have lower income families that are supporting them. I make enough to support both of us until he can start working legally but not at 250%! This reeks of not only racism but of class-ism as well.

How is this correlated with racism or classism? The immigrants socioeconomic status from their home country doesn’t come into play- the US sponsor needs to be able to make sure the new immigrant doesn’t become a public charge. There would have been no way my husband (who comes from the poorest country in this hemisphere) would be on any public assistance because I signed an affidavit he wouldn’t become a public charge and took it seriously not like many people who say “it’s rarely, if ever, enforced”. He came to this country with literally a half-full suitcase. It didn’t matter because I was the one that would take care of him. If I couldn’t afford to care for my husband I would have made sure I got a better job, waited for his immigration, etc until the time was right financially. I think many people don’t and only want the immigrant to get here ASAP and figure out the $ part later- which can result in easily signing up for public assistance. America shouldn’t be a free for all and unfortunately too many people take advantage of the system long term.

[lonesurvivor 48]

8 minutes ago, Boketto said:

I thought that the whole point of affidavit of support was to ensure that immigrants don’t become public charges. All they really need to do is to make sure that sponsors are legally compelled to support those they sponsored. If a wealthy individual decided to sponsor a poor spouse/parent/sibling from overseas for example, they shouldn’t be penalized just because the applicant is poor. The sponsor should just be made to carry the consequences of their decision - if the immigrant becomes a liability, then said immigrant becomes the burden of the sponsor and not the government. By barring the immigrant entry based on how much he or she makes, they are essentially punishing both and USC and the immigrant for an unforeseeable potential outcome. 

I agree with this and its why again, Im kinda unsure who is supposed to fill it out? I get the affidavit is for the sponsor, and I saw that someone said the instructions mention the USC needs to fill it out. But some of us are still talking as if the immigrant themselves needs to report how much they make. 

 

So again, sorry if this is stupid to some of you (but obviously lots of us are confused), is the USC or the immigrant spouse going to be asked about their assets/income from overseas, which sounds difficult to prove/unfair. Or is it the sponsor, in which that case I agree and i see it just as a safety net for the US government to make sure that they an support the beneficiary. 

[Tatjana&Velemir 119]

2 minutes ago, Heather&Miguel said:

Okay. I understand the "not using public benefits"portion of all of this. I agree with that as it's our job as sponsors to take care of our beneficiaries. My fiance won't even receive his K1 visa until Oct/Nov and by the time we marry and apply for his green card, we may not get it, according to these new regulations. The credit checks and 250% over poverty level is too much. This excludes (and I'm sure on purpose) those coming here from poorer countries, who also have lower income families that are supporting them. I make enough to support both of us until he can start working legally but not at 250%! This reeks of not only racism but of class-ism as well.

Finally, a comment on this thread that I can actually agree with.  We received a K1 visa because I (the sponsor) make over the 125% poverty guideline.  I'm a couple thousand dollars off of the 250% guideline which means if I applied for this later,  we  wouldn't have gotten the visa.  This is insane to me, since we are living with no issue on my below 250% salary.  It is just a way to keep more people out of this country and I am amazed to see so many supportive comments on an IMMIGRATION forum.  Immigration is already expensive and hard enough, I am totally against making it EVEN harder for people who are working their ### off for this already.

 

 

[lonesurvivor 48]

Just now, Luckycuds said:

How is this correlated with racism or classism? The immigrants socioeconomic status from their home country doesn’t come into play- the US sponsor needs to be able to make sure the new immigrant doesn’t become a public charge. There would have been no way my husband (who comes from the poorest country in this hemisphere) would be on any public assistance because I signed an affidavit he wouldn’t become a public charge and took it seriously not like many people who say “it’s rarely, if ever, enforced”. He came to this country with literally a half-full suitcase. It didn’t matter because I was the one that would take care of him. If I couldn’t afford to care for my husband I would have made sure I got a better job, waited for his immigration, etc until the time was right financially. I think many people don’t and only want the immigrant to get here ASAP and figure out the $ part later- which can result in easily signing up for public assistance. America shouldn’t be a free for all and unfortunately too many people take advantage of the system long term.

Okay, thank you for explaining this. I agree with this and it makes total sense. Its just to ensure that the sponsor will definitely be supporting the beneficiary. How much the beneficiary has/owes overseas is irrelevant (as it is right now). 

[Boketto 211]

Just now, lonesurvivor said:

I agree with this and its why again, Im kinda unsure who is supposed to fill it out? I get the affidavit is for the sponsor, and I saw that someone said the instructions mention the USC needs to fill it out. But some of us are still talking as if the immigrant themselves needs to report how much they make. 

 

So again, sorry if this is stupid to some of you (but obviously lots of us are confused), is the USC or the immigrant spouse going to be asked about their assets/income from overseas, which sounds difficult to prove/unfair. Or is it the sponsor, in which that case I agree and i see it just as a safety net for the US government to make sure that they an support the beneficiary. 

 

The applicant (immigrant) will have to report how much he/she makes, his/her assets, and his/her education level and English proficiency to prove that likelihood they will become a public charge in the future is low. Hence “self sufficiency”.

[lonesurvivor 48]

Just now, Boketto said:

 

The applicant (immigrant) will have to report how much he/she makes, his/her assets, and his/her education level and English proficiency to prove that likelihood they will become a public charge in the future is low. Hence “self sufficiency”.

And what if they make nothing or very little in the eyes of the us government because they are from a poorer country, but their husband/wife (sponsor) makes more than enough? That's what i am so confused about. Because people are saying its no different from before. Well, right now it does not matter at all what the spouse has/makes as long the USC covers them (which is the point of the affidavit)

[Lucky2Lucky 2,526]

10 minutes ago, Cilllah said:

He already has a job but once he graduates he will get a better one. I’ll be applying for teaching positions as soon as I can but also anything in the meantime too. 

 

I just figure we will be applying fast after moving when we marry so I won’t have the time to build up my own credit and I can’t work until we’ve applied for the green card so isn’t that moot? Sorry if I’m missing something obvious. We already know what we are doing for health insurance and I know the cost of living. It’s cheaper than my current cost. Of course health can be costly but insurance is planned.

Thanks for the clarification- it doesn’t sound like you have anything to worry about then. The majority of the articles I’ve seen don’t mention the credit check-just public charge/benefits.  

FYI: You can apply for your EAD which is the work permit that comes prior to your Greencard 🙂

[Nitas_man 3,100]

4 minutes ago, lonesurvivor said:

I agree with this and its why again, Im kinda unsure who is supposed to fill it out? I get the affidavit is for the sponsor, and I saw that someone said the instructions mention the USC needs to fill it out. But some of us are still talking as if the immigrant themselves needs to report how much they make. 

 

So again, sorry if this is stupid to some of you (but obviously lots of us are confused), is the USC or the immigrant spouse going to be asked about their assets/income from overseas, which sounds difficult to prove/unfair. Or is it the sponsor, in which that case I agree and i see it just as a safety net for the US government to make sure that they an support the beneficiary. 

The immigrant fills it out

It looks like household, which for an AOS applicant the bulk of the responsibility to demonstrate self-sufficiency falls on the sponsor.

250% ——>big factor

Health insurance ——-> big factor

Edited August 12, 2019 by Nitas_man

[Lucky2Lucky 2,526]

17 minutes ago, Boketto said:

I thought that the whole point of affidavit of support was to ensure that immigrants don’t become public charges. All they really need to do is to make sure that sponsors are legally compelled to support those they sponsored. If a wealthy individual decided to sponsor a poor spouse/parent/sibling from overseas for example, they shouldn’t be penalized just because the applicant is poor. The sponsor should just be made to carry the consequences of their decision - if the immigrant becomes a liability, then said immigrant becomes the burden of the sponsor and not the government. By barring the immigrant entry based on how much he or she makes, they are essentially punishing both and USC and the immigrant for an unforeseeable potential outcome. 

Amen. You are the sponsor- your responsibility. You are asking to bring the person here, not the government or other tax payers-so why should the latter bear the “burden”? 

Edited August 13, 2019 by Luckycuds