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Supreme Court allows Trump administration to move forward with 'public charge' rule (merged)

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52 minutes ago, PatoooskiCL said:

The I-944 asks for your household members but my question is if you're doing this with a co-sponsor, which household do you include? The petitioner's or the co-sponsor's?

Your own (the alien's) household.

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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Country: Chile
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59 minutes ago, geowrian said:

Your own (the alien's) household.

One more question. On the "Family Status (Your Household)" part you're asked to list all your family members in the household including yourself and there's a Yes or No question that's a bit confusing to me. It says: "Is this individual filing an application for an immigration benefit with you or has this individual already filed an application?" My question is, do I tick Yes for myself and No for the rest of my household, including my fiancée?

 

I assume by "immigration benefit" it means an AOS/EAD/AP application or am I wrong?

 

Thank you so much.

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7 hours ago, geowrian said:

Here's how the FAM words it at least:

And here's that section of the SSA: https://www.ssa.gov/OP_Home/ssact/title19/1903.htm

My understanding of the above (I could be wrong!) is that it is federally funded but also permissible under the SSA. Which then goes back to the FAM from above, in which case it is not considered a public benefit with regards to the public charge ineligibility.

I think we are kinda on the same page. I agree pregnancy and Medicaid is not going to be considered as a public charge. 
 

What I am saying is since this little blurb is in the I-944 (pic below) then all the information the SSA and other government agencies has is fair game and bypasses data exchange laws.

 

info like BEER 

https://www.ssa.gov/dataexchange/documents/BEER%20record.pdf

 

to make life easier on themselves, USCIS requires the applicant to tell them if the benefits they received were while in a “vulnerable class” like pregnancy.
 

I could’ve way off base 

1DA841C2-727C-4587-9B35-965EA28764ED.png

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Filed: K-1 Visa Country: Costa Rica
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If an intending immigrant is required to obtain healthcare, and they do so through the Healthcare Marketplace, and they qualify for a Premium Tax Credit through the Affordable Care Act, don’t they essentially become a public charge?  The federal government picks up part of the bill for the healthcare plan if they qualify for the tax credit.  My husband, for example would qualify for a $349 credit—the government would be paying $4188 annually for his healthcare.

 

This is true even for healthcare obtained through his employer, as employers then claim tax write-offs that cost the government $250 billion in tax revenue annually.

 

The Affordable Care Act (Obamacare) costs more per person than Medicaid.

 

 Thoughts?

 

 

 

2018 K1 Filing to Approval: 322 days (RFE 29 Days)

Spoiler

I-129F mailed: Jan 26 2018

NOA1: Jan 29 2018 (old site), Feb 2 2018 (new site)

RFE: Aug 30 2018 (old site updated 8/30; new site 8/31 w/email and text)

RFE hard copy: rec'd 9/4; ret'd 9/6 (old site updated 9/7; new site 9/10, no text/email)

NOA2: Oct 5 2018 [249 days]  (old site updated 10/5; new site 10/7, no text/email)

Case #: Oct 31 2018 [27 days] (called to get number, no email from NVC)

Left NVC: Nov 13 2018 

Consulate Rec'd (DHL): Nov 19 2018

CEAC 'Ready' status: Nov 29 2018

Interview: Dec 17 2018 [Approved!]

POE: Jan 10 2019 [Los Angeles]

Marriage: Jan 12 2019 :wub::dance:

2019 AOS Filing to Approval: 81 Days (No RFE, No Expedite)

Spoiler

AOS Mailed: Feb 19 2019

NOA1: Feb 25 2019 (I-485, I-765, I-131)

Biometrics Appt. Letter Rcv'd: Mar 8 2019

Biometrics Appointment: Mar 20 2019

Recv'd Interview Appt. Notice: Apr 15 2019 [I-485] (ready to schedule 4/10, scheduled 4/11; old site)

Interview: May 17 2019 [Cleveland, OH]

Approved: May 17 2019  :dance:

Green Card Received: May 24 2019

2021 ROC Filing to Approval: 534 Days (LIN; No RFE, No Interview)

Spoiler

ROC Mailed: Mar 5 2021 (delivered 3/12)

NOA1: Apr 5 2021 (txt rcvd 4/7, check cashed 4/7, mail rcvd 4/9) 

Biometrics Re-used Notice Rcv'd: Apr 30 2021

Approved: Sep 21 2022 :dance:

Green Card Received: Sep 28 2022

2022 N400 Filing to Oath: 154 Days (Cleveland Field Office; No RFE)

Spoiler

N400 Submitted: Jun 16 2022 (online)

NOA1: Jun 16 2022 (rcv'd snail mail 6/24)

Biometrics Re-used Notice Rcv'd: Jun 16 2022 (rcv'd snail mail 6/24)

Interview Scheduled: Sep 6 2022 (cancelled due to A-file not arrived in time)

Interview Re-scheduled: Oct 21 2022

Approved: Oct 21 2022 :dance:

Oath Ceremony: Nov 16 2022 :wow:🇺🇸

event.png



 

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19 minutes ago, radharose said:

If an intending immigrant is required to obtain healthcare, and they do so through the Healthcare Marketplace, and they qualify for a Premium Tax Credit through the Affordable Care Act, don’t they essentially become a public charge?  The federal government picks up part of the bill for the healthcare plan if they qualify for the tax credit.  My husband, for example would qualify for a $349 credit—the government would be paying $4188 annually for his healthcare.

 

This is true even for healthcare obtained through his employer, as employers then claim tax write-offs that cost the government $250 billion in tax revenue annually.

 

The Affordable Care Act (Obamacare) costs more per person than Medicaid.

 

 Thoughts?

 

 

 

Going forward, best plan of action for applicants is to have private health insurance without the use of any tax subsidies. You can purchase through marketplace and just skip the part asking about your income. 

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22 hours ago, HDia said:
On 3/5/2020 at 4:08 PM, AnnaLee24 said:

 

I tried the worksheet, looks like our positive will outweigh negative!

That is the most visual explanation of the public charge rule. After looking at the table I don’t think the public charge rule is as bad as originally thought. I think it will be the hardest on people that have had family members immigrate in the past and have different expectations.

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I will recommend filling out ds-5540 for your dad to have it ready in case they ask and show some proof of his retirement income such as pension, etc, any real estate he owns, and show information about health coverage you are planning on getting for him (they specifically mentioned not a market place coverage). I’m still looking for health coverage options for my mom.

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Filed: K-1 Visa Country: Belgium
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On 3/7/2020 at 1:47 AM, Cndn said:

Going forward, best plan of action for applicants is to have private health insurance without the use of any tax subsidies. You can purchase through marketplace and just skip the part asking about your income. 

Wait, so even your partner's employer-based healthcare is out?

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Employer-based is fine. Private is fine. The healthcare exchange is fine....you just probably can't use premium tax credits on it (subsidized).

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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4 hours ago, geowrian said:

Employer-based is fine. Private is fine. The healthcare exchange is fine....you just probably can't use premium tax credits on it (subsidized).

There are also short term insurance policies available 6 month to 12 months of coverage. I think they should qualify as well and later a long-term insurance plan can be obtained.

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Filed: K-1 Visa Country: Wales
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The vast majority of plans are annual.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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