Public Charge

[Roval 1]

6 hours ago, s.ramos510 said:

The embassy/ NVC or Department State of already had a changed to their public charge rule in January 2019...this new law applies to DHS not DOS. People need to stop interpreting this wrong. Eventually both agencies will need to unified and come to one agreement. https://www.boundless.com/blog/public-charge-rule-state-department-foreign-affairs-manual/

Thank You Sir For That... My Wife Is A Norse But Had An Accident At The Hospital Now She Applied For An SSI Since 2017 So The Process Don't Allow Her To Work.. Now As A Result Of This Issue She Needs Some Of The Public Charges Like Housing, Medicate And Food Stamps... My Worry Is After Providing A Good Co Sponsor Can They Still Have An Objection About All This... We Partitioned The I130 Since October Last Year But Still Waiting Any day For Approval But All This Whole Public Charge Has Get Us Crazy... Plz I Know I Need Help And Sometimes The Answers We Get Drives Us Crazy??.

 

Can This Led To A Denial Of An I130 Visa??

Edited October 1, 2019 by Roval

[designguy 1,179]

20 minutes ago, Roval said:

Thank You Sir For That... My Wife Is A Norse But Had An Accident At The Hospital Now She Applied For An SSI Since 2017 So The Process Don't Allow Her To Work.. Now As A Result Of This Issue She Needs Some Of The Public Charges Like Housing, Medicate And Food Stamps... My Worry Is After Providing A Good Co Sponsor Can They Still Have An Objection About All This... We Partitioned The I130 Since October Last Year But Still Waiting Any day For Approval But All This Whole Public Charge Has Get Us Crazy... Plz I Know I Need Help And Sometimes The Answers We Get Drives Us Crazy??.

 

Can This Led To A Denial Of An I130 Visa??

The fact that your wife is using many public benefits can be quite problematic for your case. Having a cosponsor is not a carte blanche that you can't be deemed at risk for becoming a public charge. As others have stated before the answer is: Yes this can lead to a denial of an I-130.

 

Also when you capitalize every word in a sentence it makes it very difficult to read...

[Roval 1]

6 hours ago, designguy said:

The fact that your wife is using many public benefits can be quite problematic for your case. Having a cosponsor is not a carte blanche that you can't be deemed at risk for becoming a public charge. As others have stated before the answer is: Yes this can lead to a denial of an I-130.

 

Also when you capitalize every word in a sentence it makes it very difficult to read...

Thank you for that clarification.. what would you advice us to do.. she wants to quit waiting for the SSI but i told her to take her time so that we can find a better solution.. can you advice us because we still have some time left got for the approval and the nvc  stage??

[designguy 1,179]

Just now, Roval said:

Thank you for that clarification.. what would you advice us to do.. she wants to quit waiting for the SSI but i told her to take her time so that we can find a better solution.. can you advice us because we still have some time left got for the approval and the nvc  stage??

Ideally your financial situation should improve to a point where you would not be relying on public services like food stamps, and section 8 housing. It's not just an extra form that you can supply. It will be up to the consular office who will take your entire circumstances in to account

[Lucky2Lucky 2,526]

Is your wife so severely disabled that she can’t work at all? This may be problematic as she can’t care for herself and makes it likely you would become a public charge as her financial situation doesn’t appear it would change on her own. They don’t care about your potential to work.  

If your joint sponsor makes close to the minimum requirement, IMO, it would be hard for you to overcome the public charge rule 

[Nitas_man 3,100]

3 hours ago, Roval said:

Thank You Sir For That... My Wife Is A Norse But Had An Accident At The Hospital Now She Applied For An SSI Since 2017 So The Process Don't Allow Her To Work.. Now As A Result Of This Issue She Needs Some Of The Public Charges Like Housing, Medicate And Food Stamps... My Worry Is After Providing A Good Co Sponsor Can They Still Have An Objection About All This... We Partitioned The I130 Since October Last Year But Still Waiting Any day For Approval But All This Whole Public Charge Has Get Us Crazy... Plz I Know I Need Help And Sometimes The Answers We Get Drives Us Crazy??.

Can This Led To A Denial Of An I130 Visa??

If the IO feels that the immigrant may become a public charge then the IO can deny a visa on those grounds.

 

Of course you can overcome this by bringing enough assets into the marriage to demonstrate that you can take care of yourself.

 

 

[JFH 12,189]

This also leads to the issue of demonstrating a bona fide marriage. If your wife is so disabled and of such limited means, how many times has she been to see you and when was the last time? They look at that also when deciding whether to grant a visa or not. 

[JFH 12,189]

*~*~*procedural question moved from “progress reports” to “process and procedures”*~*~*

[nastra30 1,984]

21 hours ago, JeanneAdil said:

too many sosponsor withdraw the I 864 as soon as the immigrant comes to the US

 

and we have no way of knowing that it means a denial for you

this is up to the embassy at time of the interview

 

as for CR1 you are able to work as soon as you can find a job

Don't think you can withdraw affidavit of support. It's a contract between co/sponsor and the Gov't so it's binding until the beneficiary person becomes a citizen, leaves the country for good, or passes on. If they allowed people to willy-nilly withdraw affidavit of support there will so much fraud in the immigration system because people will game the system.

Edited October 2, 2019 by nastra30

[Justus Forever 85]

@Roval good morning question are you in the united states now or still waiting? if you are not in the USA you do not have to worry about the public charge. The public charge is for those filing I-485 AOS (people adjusting their status)  it is not for us the CR1/IR1. as for your spouse it will not count against you but she has to make 125% or over if not she would have to get a co sponsor(family or friend). i have conformation on this i have been worried about the same thing and thought i would have to move but i read and asked and i got it. IR1/CR1s already will have their green card once at poe we dont need to adjust status now if you have been married less than a year you will only get a 2 yrs gc so when you go for your 10 year gc they may asked for you to do the I-944. I hope this help you out

[designguy 1,179]

12 minutes ago, Justus Forever said:

@Roval good morning question are you in the united states now or still waiting? if you are not in the USA you do not have to worry about the public charge. The public charge is for those filing I-485 AOS (people adjusting their status)  it is not for us the CR1/IR1. as for your spouse it will not count against you but she has to make 125% or over if not she would have to get a co sponsor(family or friend). i have conformation on this i have been worried about the same thing and thought i would have to move but i read and asked and i got it. IR1/CR1s already will have their green card once at poe we dont need to adjust status now if you have been married less than a year you will only get a 2 yrs gc so when you go for your 10 year gc they may asked for you to do the I-944. I hope this help you out

Sorry your statement is incorrect. While the Public Charge rule that has been talked about lately which is going into effect on October 15th is a DHS policy, the Department of State has long had a public charge policy (https://fam.state.gov/fam/09FAM/09FAM030208.html). The approach to adjudicating petitions, has become more strict as of late. Those applicants outside of the US who are applying for a visa can absolutely be denied for grounds of likely becoming a public charge. Again it is up to the consular officer who will take an applicants entire circumstances into account. Based on OPs situation it is something that could definitely become a problem.

[Justus Forever 85]

11 minutes ago, designguy said:

Sorry your statement is incorrect. While the Public Charge rule that has been talked about lately which is going into effect on October 15th is a DHS policy, the Department of State has long had a public charge policy (https://fam.state.gov/fam/09FAM/09FAM030208.html). The approach to adjudicating petitions, has become more strict as of late. Those applicants outside of the US who are applying for a visa can absolutely be denied for grounds of likely becoming a public charge. Again it is up to the consular officer who will take an applicants entire circumstances into account. Based on OPs situation it is something that could definitely become a problem.

not for IR1/CR1 i have already checked and got my information from someone at the uscis. one thing i don't do is put information out there that i have not already asked or looked into. I can't speak on other visas only the one i am applying for but i do know it's for those and some CR1s that will file for adjustment of status which is form I-485. CR1/IR1 we do not file that form

[designguy 1,179]

5 minutes ago, Justus Forever said:

not for IR1/CR1 i have already checked and got my information from someone at the uscis. one thing i don't do is put information out there that i have not already asked or looked into. I can't speak on other visas only the one i am applying for but i do know it's for those and some CR1s that will file for adjustment of status which is form I-485. CR1/IR1 we do not file that form

Yes for IR1/CRI. The problem is you talked to the wrong people. USCIS does not issue visas, they approve (or deny) petitions. A petition in itself is not a visa. It is the Department of State that actually is responsible for the issuing of the visa and thus it is within the Consular Officer's purview to make a decision regarding a beneficiary's likelihood of becoming a public charge. I even gave you a link that clearly outlines it. 

[JeanneAdil 6,201]

1 hour ago, nastra30 said:

Don't think you can withdraw affidavit of support. It's a contract between co/sponsor and the Gov't so it's binding until the beneficiary person becomes a citizen, leaves the country for good, or passes on. If they allowed people to willy-nilly withdraw affidavit of support there will so much fraud in the immigration system because people will game the system.

i have seen other posts on here saying  " i am a cosponsor and need to withdraw my affidavit of support ,  how do i do this?

and there are answers

 

[Justus Forever 85]

i know it is not a visa but we don't file I-485 adjustment of status it do not apply to those applying for visa(immigrant visa, and yes k1's at the visa interview but will apply when they apply for AOS. The new policy oct 15th is a dhs(USCIS) policy not and dos(embassy/nvc policy) where NVC determines our CR1/IR1 which we file AOS too but ours is Affidavit of support which is our form I-864. the rule applies to applicants for admission, aliens seeking to adjust their status to that of lpr from within the usa and aliens within the usa who hold a nonimmigrant classification. nothing has changed with dos not saying tht things can't i tried to screen shot and past and was not able to from the link pointing out the key factors for CR1/IR1