DS-5540 for k1

[Mrs. Cristiano 42]

Hi guys,

 

Since DS-5540 officially implemented for beneficiary of k1 visa. So, is there anyone in VJ has already had any experience on filling in the quetionnaire ? Because I have  confusion on which part is applicable for k1 and whis part isn't applicable. Kindly give me advice about it.

 

Thanks in advance.

[Greenbaum 12,258]

11 minutes ago, SoonToBeMrs.C said:

Hi guys,

 

Since DS-5540 officially implemented for beneficiary of k1 visa. So, is there anyone in VJ has already had any experience on filling in the quetionnaire ? Because I have  confusion on which part is applicable for k1 and whis part isn't applicable. Kindly give me advice about it.

 

Thanks in advance.

The DS-5540 is only being used for those who have applied after Feb 24 and not those who applied (K-1 I-129f is included in this) before Feb 24.

 

https://travel.state.gov/content/travel/en/traveladvisories/ea/Information-on-Public-Charge.html#ExternalPopup

 

https://www.visajourney.com/forums/topic/732900-dos-new-form-ds-5540-public-charge-questionnaire/

 

[Mrs. Cristiano 42]

1 minute ago, Greenbaum said:

The DS-5540 is only being used for those who have applied after Feb 24 and not those who applied (K-1 I-129f is included in this) before Feb 24.

 

https://travel.state.gov/content/travel/en/traveladvisories/ea/Information-on-Public-Charge.html#ExternalPopup

 

https://www.visajourney.com/forums/topic/732900-dos-new-form-ds-5540-public-charge-questionnaire/

 

Oh.. I thought it would be used for any k1 beneficiary who would have the k1 visa interview on Feb 24 , 2020 and after. So, my understanding is wrong ?

 

Because a lot of people in my regional visa whatsapp group, they believe on what I've stated above.

[nasse_forelle 4]

The only way to know for sure is to ask your local embassy adjudicating your case I think . 

[Olislusan 11]

This new form is creating a lot of confusion for now, I'll try to contact the embassy here later today and share what they reply with. 🙄

[Dulce M. 8]

Today one person on our group shared the blue paper the CO give him after the interview, requesting among other things the DS-5540 😕

Just as a note this person in particular was a CR1 applicant.  

 

[Greenbaum 12,258]

11 hours ago, Dulce M. said:

Today one person on our group shared the blue paper the CO give him after the interview, requesting among other things the DS-5540 😕

Just as a note this person in particular was a CR1 applicant.  

 

Thanks for the update.

 

We need a little housekeeping on your end. Many of our answers are predicated on the information you supply in your profile. When we look at the left column and can't determine your timeline OR your Embassy it's hard for us to give you a factual answer. Our answers will sometimes be tailored to a specific Embassy hence the reason for you to complete your profile. If you look at the profile of others here, they have a flag for their country, so it makes it easy for us to reply as we can quickly determine their Embassy. The country that should be used is the country where the interview will take place.

 

So, if you could help yourself out and complete your profile that sure would help us out when we want to reply to your question with factual information.

 

Go to the top right of this page select your name (it's on the upper right-hand corner)>my profile>[below your picture on the right column] edit my profile. Scroll to the bottom and fill in "Immigration Info". There now we can better serve you.

 

Once you finish that then return and you will see a flag in your profile. Select it and see what wonderful information will open up for you.

 

Thanks

[EllaC 190]

@Greenbaum I'm just now reading all these posts as well. I guess it makes sense for them to ask the form for CR-1 since that gets them the conditional GC right away... Probably not for K-1s, but please let us know if you find out otherwise!

 

Also... https://www.murthy.com/2020/02/21/newsflash-dos-implementing-public-charge-rule-effective-24-feb-2020/ Found this as well.

Edited February 26, 2020 by EllaC

[emma24 161]

1 hour ago, EllaC said:

Probably not for K-1s, but please let us know if you find out otherwise!

 

I was doing a little digging and I found this site https://www.nafsa.org/regulatory-information/final-rules-public-charge-determinations

 

The section DOS Forms has a paragraph that reads

"The amount and type of evidence generally required in an IV case is much greater than that which is required in an NIV case. Your determination that an applicant qualifies for the NIV sought is generally sufficient to meet the requirements of INA 212(a)(4), absent evidence that gives you reason to believe that a public charge concern exists...."

and

"If the evidence of nonimmigrant status submitted does not indicate adequate provision for the applicant's support while in the United States and for the return abroad, you may request specific financial evidence and/or require the applicant complete a Form DS-5540, Public Charge Questionnaire, in whole or in part, to respond orally to questions from that form, or require a surety bond."

The second portion to me seems that if the CO can't determine from the initial evidence submitted for the K1 interview that the beneficiary won't become a public charge, they can request the DS-5540 to complete their evaluation. So I would say it would be best to have it completed in case they ask, which seems could be a possibility! 

[jeanieCZ 228]

https://cliniclegal.org/resources/ground-inadmissibility-and-deportability/public-charge/state-departments-new-fam-public

 

"The State Department has chosen to implement this new form and rule change in the most expedient way possible. Rather than giving immigrant visa applicants time to prepare for the changes and apply the DS-5540 only to those who are filing the DS-260 after the effective date, the agency is applying it immediately. In response to public comments on the DS-5540, the agency writes: ”once the DS-5540 is approved, consular officers may ask visa applicants orally or in writing (i.e., using the form) any or all of the questions from Form DS-5540 necessary for the consular officer to make the public charge determination.”

 

"...clients should be prepared for heightened public charge screening when they appear for consular interviews beginning on February 24, 2020. Clients already scheduled for an interview, including those scheduled in the future and whose DS-260 was submitted before February 24, 2020, should bring with them a completed DS-5540 together with supporting documents."

 

"The FAM reminds consular officials that K visa applicants are not required to submit an I-864 as part of the application process, even though they are subject to the public charge ground of inadmissibility. Officers may, however, ask the applicant to complete a DS-5540. If granted the K visa, the person will be required to submit an I-864 at the adjustment of status stage, assuming he or she marries the U.S. citizen petitioner within 90 days of admission."

 

Edited February 26, 2020 by jeaniecz

[Kidayi 15]

On 2/24/2020 at 9:23 PM, Greenbaum said:

The DS-5540 is only being used for those who have applied after Feb 24 and not those who applied (K-1 I-129f is included in this) before Feb 24.

 

https://travel.state.gov/content/travel/en/traveladvisories/ea/Information-on-Public-Charge.html#ExternalPopup

 

https://www.visajourney.com/forums/topic/732900-dos-new-form-ds-5540-public-charge-questionnaire/

 

So those who have sent their petitions in before Feb 24th don't need to worry about this form??

[geowrian 22,335]

I have seen nothing indicating that the DS-5540 is impacted by the date of the petition being filed.

For IVs, a few people have received a 221(g) already after the interview to submit a DS-5540.

For K-1s, it is unknown if it will be required or not. For NIVs in general, it is discretionary. But since K-1s are handled by the IV unit, I'm not sure we can say with certainty that it will or won't be requested at this time.

Best thing is to have one completed and brought to the interview, unless the consulate provides instructions otherwise.

Edited February 26, 2020 by geowrian

[jeanieCZ 228]

1 hour ago, Kidayi said:

So those who have sent their petitions in before Feb 24th don't need to worry about this form??

they do. Read my post above.

[Greenbaum 12,258]

1 hour ago, Kidayi said:

So those who have sent their petitions in before Feb 24th don't need to worry about this form??

"The FAM reminds consular officials that K visa applicants are not required to submit an I-864 as part of the application process, even though they are subject to the public charge ground of inadmissibility. Officers may, however, ask the applicant to complete a DS-5540. If granted the K visa, the person will be required to submit an I-864 at the adjustment of status stage, assuming he or she marries the U.S. citizen petitioner within 90 days of admission."

[sl1pstream 551]

1 hour ago, Greenbaum said:

"The FAM reminds consular officials that K visa applicants are not required to submit an I-864 as part of the application process, even though they are subject to the public charge ground of inadmissibility. Officers may, however, ask the applicant to complete a DS-5540. If granted the K visa, the person will be required to submit an I-864 at the adjustment of status stage, assuming he or she marries the U.S. citizen petitioner within 90 days of admission."

Would the DS5540 still be applicable considering that they also added the I944F to the K1 process? I wouldn't put it past them, but they sort of look like those two forms have the same purpose.

 

Either way, it doesn't seem like that big of a deal, the healthcare requirement before getting married can probably be solved by getting a return ticket, cheap travel insurance and then cancelling the return ticket when the your partner's insurance kicks in.