DS-5540 Form at K1 Visa Interview at Vietnam Embassy

[dnhut861 2]

A new law has been passed on feb 24, 2020 and the CO may now ask you to fill this out at the interview.

 

Has anyone had an interview after feb 24 that required you to fill out this form???

 

this is the form im talking about

 

[dnhut861 2]

I also have to add. if you are on a vietnam group online or on facebook, ask this question on there too

 

this new law is creating a HUGE cluster F' for everyone.

 

let's get as many answers as we can

 

remember, this only applies for people who had K1 Visa interviews  AFTER feb 24, 2020 

[Public Charge 101 10]

Does this effect the spousel visa too?

[HDia 105]

1 hour ago, Public Charge 101 said:

Does this effect the spousel visa too?

Yes I think. Fill it out before the interview to be safe.

[Public Charge 101 10]

Thank you for your reply,I appreciate it

[flea89 31]

following

[flea89 31]

okay so after doing a lot of reading around, I also believe it's best to have the beneficiary bring it to the interview. i used this youtube video to help me. super helpful especially for the insurance part.  

 

[HDia 105]

1 hour ago, flea89 said:

okay so after doing a lot of reading around, I also believe it's best to have the beneficiary bring it to the interview. i used this youtube video to help me. super helpful especially for the insurance part.  

 

Also saw his video, very good information. I'm just confused if we can include the petitioner's asset in the table, since I'm the husband what what I have is also available to my wife. Can't find any answer.

[Just Paul 4,591]

4 minutes ago, HDia said:

I'm just confused if we can include the petitioner's asset in the table, since I'm the husband what what I have is also available to my wife.

The OP can not as they are not married.

 

The DS5540 is for the immigrant.   Assets that are titled in both names can be included.   If you are married in a community property state, for assets acquired after marriage, each party would have a 1/2 undivided interest in.

[HDia 105]

Just now, Paul & Mary said:

The OP can not as they are not married.

 

The DS5540 is for the immigrant.   Assets that are titled in both names can be included.   If you are married in a community property state, for assets acquired after marriage, each party would have a 1/2 undivided interest in.

I have a checking account, 401k, and ROTH IRA account that I want to include, do you think it is possible? My thinking is that if we ever need money, I can always withdraw from one of those accounts so the money is also available to my wife. 

[Just Paul 4,591]

2 minutes ago, HDia said:

I have a checking account, 401k, and ROTH IRA account that I want to include, do you think it is possible? My thinking is that if we ever need money, I can always withdraw from one of those accounts so the money is also available to my wife. 

That is fine for the I-864.   It does not apply to the beneficiary with the DS-5540 or the an I-944 for a K1 AOS.

 

If you have a strong I-864 then the financial portions on the DS-5540 are not going to be as important.

 

The DS-5540 is about the point in time it is filed.  Not some date in the future.

[SmallTownPA 71]

Reading the form I can't see how this will assist the CO in determining public charge. 

 

How can a K1 beneficiary answer Part 2 4A?  Do most K1s pop off a marriage in the first 30 days?  I don't plan to.

And assets in a foreign country?  Its not like the IRS can take bank funds or land from a Vietnamese citizen.

 

I get what the form is trying to do, but its pretty laughable when you read the form.

 

Fill it out, along with that ridiculous 'list your entire family' paper the VN Consulate wants.. for reasons.

[geowrian 22,336]

"A new law has been passed..."

No new laws were passed. Laws require the legislative branch.

 

I've checked the insurance plans noted in the above video previously. Not only is their coverage make them pretty worthless, but IIRC, none of them actually covered somebody intending to live in the US. They were all plans for visitors. They would not actually cover/pay out for a resident. The "New Immigrant" word is misleading at best - yes it can cover new immigrants, but not residents.

Quote

Green card health insurance plans provides temporary medical coverage for US green card holders visiting or living the in the US and do not qualify for individual regular domestic insurance or other govt or private domestic health insurance in the US.

The only green card holders that would not qualify for a domestic plan are those who cannot join an employer-based plan (directly or via a relative) and do not qualify for the healthcare marketplace (healthcare.gov). The latter covers anybody moving to the US (not just open enrollment).

 

The video shows the "Patriot America Plus" plan. Here's the actual policy document: https://www.visitorscoverage.com/policydoc/patriot-america-plus-insurance-policy-document.pdf

See

Quote

BENEFIT SUMMARY: Subject to the Terms of this insurance, including the AGREEMENT provision, the following benefits are available to the Insured Person while outside his/her Country of Residence and coverage is available to the Insured Person arising out of Injury or Illness incurred while in the Destination Country.

and

 

Quote

ELIGIBILITY: If an Insured Person is not eligible, this Certificate is void ab initio and all Premium paid will be refunded. In order to be eligible and qualified for coverage under this insurance, a person must meet all of the following requirements:

...

(5) on the Effective Date and on subsequent renewal dates, must have legally departed the Country of Residence and legally entered the Destination Country

...

(8) not have established a permanent residency in the Destination Country

 

And Diplomat America plan mentioned: https://www.visitorscoverage.com/policydoc/diplomat-america-insurance-policy-document.pdf

Quote

The Diplomat America provides Accident and Sickness Medical Coverage, Travel Assistance, and Accidental Death and Dismemberment benefits to Individuals while traveling outside their Home Country to the United States. Applicant must reside outside of the United States.

 

[Roxy&Ryan 72]

14 hours ago, dnhut861 said:

I also have to add. if you are on a vietnam group online or on facebook, ask this question on there too

 

this new law is creating a HUGE cluster F' for everyone.

 

let's get as many answers as we can

 

remember, this only applies for people who had K1 Visa interviews  AFTER feb 24, 2020 

How can it be for K1 only and ask questions like 'Do you have a job wanting for you in the US and who is the employer?' K1s not allow to work until after approve AOS.  i am royally confused, smh.

[geowrian 22,336]

2 minutes ago, Roxy&Ryan said:

How can it be for K1 only and ask questions like 'Do you have a job wanting for you in the US and who is the employer?' K1s not allow to work until after approve AOS.  i am royally confused, smh.

It's not just for K-1s. Like most questions on an immigraiton forum, there are circumstances where the question is applicable and circumstances where they are not.

 

For K-1s in particular, there are cases where somebody may have a US employer waiting for them to get an EAD.

Edit: Note that an EAD or green card lets you work..not just the green card (AOS approval).

Edited March 5, 2020 by geowrian