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Gyyomme

Regarding the new public charge rule

By Gyyomme in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas

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Gyyomme Enthusiast

Gyyomme   273

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Filed: Citizen (apr) Country: Nigeria
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Hi guys, my wife and I have a little problem and we don’t know how to go about it. I will explain.

 

i came to the US through K-1, got married on the 5th of July, we have joint account already, applied for state id and already have my ssn. Now the problem is my wife is trying to add me to her insurance, the insurance guys sent us a mail on Wednesday requesting my immigration status( married but haven’t filed AOS yet, forms filled but gathering documents to go with it). Now my question is, regarding the public charge rule, stating do she go ahead and add me to her insurance or not? We filing AOS God willing next week. 

 

Thanks all, your replies and answered are so much  appreciated! 

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CJKylie
CJKylie

What does adding you to her insurance have to do with a public charge?

SalishSea
SalishSea

What do you mean by state health insurance?  Medicaid?

geowrian
geowrian

The new rule isn't in effect yet, so filing now won't make you subject to it.   Yes, I highly suggest getting on her insurance, or any insurance, ASAP. It's just a good idea. It's not relate

CJKylie Community Regular

CJKylie   161

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Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

What does adding you to her insurance have to do with a public charge?

ROC Timeline

Service Center: California

90 Day Window Opened.....08/03/17

I-751 Packet Sent................08/04/17

NOA Dated...........................08/07/17

NOA Received......................08/09/17

Check Cashed......................08/09/17

Biometrics Letter Rcvd........08/26/17

Biometrics Appointment......09/07/17

Approval................................08/05/19

 

Naturalization Timeline

Field Office: Santa Ana, CA

90 Day Window Opened.......08/03/18

N-400 Filed (Online)..............08/03/18

Receipt Notice.......................08/03/18

Biometrics Letter Rcvd..........08/20/18

Biometrics Appointment.......09/07/18

Interview Letter Dated...........07/01/19

Interview Letter Rcvd............07/08/19

Interview................................08/05/19

Approval................................08/05/19

Oath.......................................08/22/19

 

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geowrian Grand Master

geowrian   22,335

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Filed: Lift. Cond. (pnd) Country: Philippines
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The new rule isn't in effect yet, so filing now won't make you subject to it.

 

Yes, I highly suggest getting on her insurance, or any insurance, ASAP. It's just a good idea. It's not related to AOS, though.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Gyyomme Enthusiast

Gyyomme   273

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Filed: Citizen (apr) Country: Nigeria
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1 minute ago, CJKylie said:

What does adding you to her insurance have to do with a public charge?

We were just naturally worried.

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Gyyomme Enthusiast

Gyyomme   273

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Filed: Citizen (apr) Country: Nigeria
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3 minutes ago, geowrian said:

The new rule isn't in effect yet, so filing now won't make you subject to it.

 

Yes, I highly suggest getting on her insurance, or any insurance, ASAP. It's just a good idea. It's not related to AOS, though.

Okay thanks geowrian. This answer is so much appreciated!

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SunflowerSweet Proficient

SunflowerSweet   1,321

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Filed: Lift. Cond. (pnd) Country: United Kingdom
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52 minutes ago, CJKylie said:

What does adding you to her insurance have to do with a public charge?

Sounds like they are going to take a more comprehensive look at every individual case to determine the relatively likelihood of an immigrant becoming a public charge. While it may not be specifically mentioned, being covered on a spouse’s health insurance can help, and at the very least it sure won’t hurt.

 

that being said it does not go into effect for a bit yet, even if then.

~*INTENT IS DETERMINED AT POE*~

 

Forever wishing for an eye-roll reaction.

 

 

K-1 Visa~
9/28/2015 - I-129f Packet Mailed to Texas Lockbox
10/1/2015 - NOA 1 Email - I-129f sent to California Service Center
10/8/2015 - NOA 1 Hard Copy
10/27/2015 - NOA 2
11/21/2015 - Packet 3 Received
1/08/2916 - Medical! Lots of jabs >.>
2/23/2016 - APPROVED!
6/20/2016 - POE
7/29/2016 - Married ❤️

~*Approval 146 Days from NOA1*~


AOS ~
9/9/2016 - AOS/AP/EAD packet mailed to Chicago Lockbox
9/11/2016 - Delivered to Chicago Lockbox
9/20/2016 - Received Text/Email NOA1
9/23/2016 - Hard Copy NOA1s
10/12/2016 - Biometrics Appointment
11/04/2016 - AP Status "Approved" EAD "Date of Birth Updated"
11/18/2016 - Received EAD/AP Combo Card!
12/23/2016 - Received Green Card

~*Green Card 95 Days from NOA1*~

 

ROC~

10/12/2018 - Mailed ROC Packet

11/8/2018 - NOA-1 

7/5/2019 - Biometrics

~*STILL WAITING 607+ Days since NOA*~

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Just Paul Veteran

Just Paul   4,591

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Filed: Citizen (apr) Country: Philippines
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1 hour ago, Drenimarcus said:

married but haven’t filed AOS yet,

File it soon and you won't have to worry about the new "rules".

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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K1visaHopeful Experienced

K1visaHopeful   2,662

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Filed: Lift. Cond. (apr) Country: Canada
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Posted

Here's the rule.

Read page 1-50.

Being it so new and only pending and not in effect yet, your best bet is to educate yourself.

 

https://www.federalregister.gov/documents/2019/08/14/2019-17142/inadmissibility-on-public-charge-grounds

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Gyyomme Enthusiast

Gyyomme   273

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Filed: Citizen (apr) Country: Nigeria
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13 hours ago, geowrian said:

The new rule isn't in effect yet, so filing now won't make you subject to it.

 

Yes, I highly suggest getting on her insurance, or any insurance, ASAP. It's just a good idea. It's not related to AOS, though.

@geowrian we are planning to add me to her state health insurance, sounds good eh?

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Hank_ Grand Master

Hank_   9,173

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Filed: Other Country: Philippines
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Posted (edited)

It's not a new rule.  It is law that has been on the books for many years, just not being enforced.

 

 

Being added to a spouse's insurance is not a public charge issue if she is not receiving assistance

Edited by Hank_

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

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vistawateraz Contributor

vistawateraz   27

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Filed: K-1 Visa Country: South Africa
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13 hours ago, Drenimarcus said:

Hi guys, my wife and I have a little problem and we don’t know how to go about it. I will explain.

 

i came to the US through K-1, got married on the 5th of July, we have joint account already, applied for state id and already have my ssn. Now the problem is my wife is trying to add me to her insurance, the insurance guys sent us a mail on Wednesday requesting my immigration status( married but haven’t filed AOS yet, forms filled but gathering documents to go with it). Now my question is, regarding the public charge rule, stating do she go ahead and add me to her insurance or not? We filing AOS God willing next week. 

 

Thanks all, your replies and answered are so much  appreciated! 

All you need is the marriage certificate and the insurance will add you.

 

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Gyyomme Enthusiast

Gyyomme   273

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Filed: Citizen (apr) Country: Nigeria
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2 minutes ago, Hank_ said:

It's not a new rule.  It is law that has been on the books for many years, just not being enforced.

 

 

Being added to a spouse's insurance is not a public charge issue if she is not receiving assistance

okay thanks, go on with the state health insurance? she is not receiving assistance.

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Gyyomme Enthusiast

Gyyomme   273

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Filed: Citizen (apr) Country: Nigeria
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Just now, vistawateraz said:

All you need is the marriage certificate and the insurance will add you.

 

yes we applied, they sent us a notice in the mail on wednesday requesting my immigration status, we just wanted to be clear of the" public rule " before replying them back, thanks!

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SalishSea Grand Master

SalishSea   16,770

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Filed: Lift. Cond. (apr) Country: New Zealand
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8 minutes ago, Drenimarcus said:

okay thanks, go on with the state health insurance? she is not receiving assistance.

What do you mean by state health insurance?  Medicaid?

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Gyyomme Enthusiast

Gyyomme   273

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Filed: Citizen (apr) Country: Nigeria
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2 minutes ago, Jorgedig said:

What do you mean by state health insurance?  Medicaid?

Minnesota Prairie County Alliance

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