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Are applicants going The I-130 route subject to the new I-944 public charge

By SDNOMAD in IR-1 / CR-1 Spouse Visa Process & Procedures

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SDNOMAD Explorer

SDNOMAD   17

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

Hi there I’m just interested if applicants of the 

i-130 route will be subject to the new public charge? From what I’ve read it only affects individuals who have or are in the process of Adjustment of status?

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geowrian Grand Master

geowrian   22,335

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Filed: Lift. Cond. (pnd) Country: Philippines
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I-130 is just a petition. There is no public charge associated with it. Both family-based AOS applicants and those obtaining a visa via consular processing use the I-130.

 

The answer to if the new public charge rule applies is mixed...

The new public charge rule - with the I-944 - will go into effect later this month for AOS applicants. It is a DHS rule. DOS handles visas, not DHS. So technically the answer to your question regarding its impact on a visa is "No".

That said, there is a very similar (not identical) rule by DOS that is not implemented at this time. This would impact immigrant visas. There is not a timeline for when that will be implemented - could be tomorrow, could be a year from now, could be never.

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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