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Does public charge affect recently submitted i-130/i-130a petitions? (submitted prior to Oct 15)

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Posted (edited)

Hello, I haven't found this answered clearly yet -

For i-130/i-130a petitions recently sent to USCIS, will the public charge rule (effective Oct 15 2019) be applicable to their future process? 

Or if the i-130 petition is received at USCIS before the cutoff date, will the case continue according to the previous rules? 

Thank you for any responses.

 

Edited by asdjp

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Posted (edited)

The October 15th public charge rule does not affect immigrant visa seekers (I-130).  The public charge issue has always been and will continue to be a factor when Consulate Officers make visa issuing decisions.  

 

1.  October 15th- Starts the I-944 (Declaration of Self Sufficiency) only for those seeking Adjustment of Status.  (K-1, for example)

2.  November 4th- Starts the requirement for health insurance only for those seeking immigrant visas..  (Cr-1/IR-1, for example)

Edited by missileman

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  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
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I believe the public charge would be decided at the visa interview, not at the I130 stage, so if an interview is conducted after 10/15/19 it can be evaluated for inadmissibility.

 

You may try here to get more information.

 

Good Luck!

 

 


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~~~Hijack post and replies to said post removed.~~~


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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