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SimplyComplex

Public charge worries

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Filed: K-1 Visa Country: United Kingdom
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Hi everyone, just wondering if anyone has any thoughts or advice on a concern my fiancé and I have over the public charge side of things.

 

We sent off our petition in August, so are hoping to maybe hear something about our case this month (looking at average timelines lately). However our situation is causing us worries since all the new press about public charge and insurance etc.

 

Our current situation is this:

1. My fiancé (the petitioner) works full time but is short of the 125% poverty salary for the household. He is currently looking for better work or a second job, but at the moment we were going to use his mother as a joint sponsor.

2. He does not have health insurance with his job, and is on Medicaid right now.

3. I have no employment history up to this point, however have every intention of working as soon as I would be permitted to once over there.

 

With these things working against us, we are getting highly worried and upset that we won't even get past an interview. We have been getting so disheartened that we even considered if we should just withdraw our petition for now, but it is the very last thing we actually want to do.

 

Does anyone have any thoughts on whether it is still worth going through with it as far as we can? And any advice on what we could do to increase our chances in such a short amount of time? I don't think he is going to be able to increase his salary enough any time soon. I could try find a job before we get to the interview stage but i'm not sure a short period of work like that would satisfy them enough. The only thing we could manage is to have me on some kind of insurance once I got there. To be so close to finally being together after our 4 year relationship, we're heartbroken at the prospect of a denial.

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Filed: K-1 Visa Country: United Kingdom
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Thanks for the advice, it does help to put our minds at rest a little. We did not know that the health insurance part had been blocked for the time being. And we do absolutely plan on using a joint sponsor. It was just the worry of them putting all those negatives together that we were worried might lead to them being more inclined to refusing us

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Filed: Other Country: Philippines
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8 hours ago, Kumar01 said:

Being worried over the I-134 is common but there are remedies. 

1. You may get a joint sponsor. But keep in mind, the I-134 asks for 100% limit not 125% (that's for spousal visa). But it's preferable to have 125%.

2. You don't need health insurance. Currently, as of 11/2/2019, the Trump policy has been blocked from being enforced in the Department of State (i.e. The US Embassy). They can still ask for it, but they probably won't.

3. Your employment history is largely irrelevant. Unless you wanted to use your assets or employment to help with the I-134. However, that's usually not recommended because most consulates wouldn't entertain that.

 

It seem like your worries can be fixed. Get a joint sponsor, it will help.

Many embassies use the 125% guideline even with the K-1.      The general requirement for the I-134 may be 100% but then the I-134 was designed to be used with other types of non-immigrant visas  .. the K-1 is an odd duck.

 

Once in the USA and filing for Adjustment of Status 125% is required.

 

Edited by Hank_

Hank

"Chance Favors The Prepared Mind"

 

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“LET’S GO BRANDON!”

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Filed: K-1 Visa Country: United Kingdom
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Yep we have always gone by the 125% so that we are prepared for the higher threshold once adjusting status. I suppose it is more worrying when it comes to that part, as that might be when all of our circumstances look more negative overall, even if it isn't an issue during the K1 process. 

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On 11/6/2019 at 3:24 AM, SimplyComplex said:

Thanks for the advice, it does help to put our minds at rest a little. We did not know that the health insurance part had been blocked for the time being. And we do absolutely plan on using a joint sponsor. It was just the worry of them putting all those negatives together that we were worried might lead to them being more inclined to refusing us

I didnt know that the health insurance part had been blocked for the time being either? I am the petitioner and I have Medicaid as well. We have an interview scheduled at the embassy for December 23 and so far in all the information they have sent they have not requested proof of insurance for either the beneficiary or petitioner. I assume that means for the time being we wont have to fix it until we do Adjustment of Status in the US. Is that your understanding too?

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Filed: K-1 Visa Country: United Kingdom
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Yes if the petitioners are on Medicaid, it means that the beneficiaries will need to be on some kind of private insurance instead when it comes time for adjustment of status. That's my understanding, unless I have that wrong

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