AOS with Overstay and new public charge form

[Tjd2006 6]

Hi everyone, 

 

My fiance arrived here on the ETA program, he has been here roughly 3 years.  We want to AOS and plan to get married very soon. 

 

I am concerned with this new public charge form.  My fiance did not graduate high school, he is 21 years old, and does not have the means to "support himself".  My income is decent at 55K a year but I am still concerned there is a real chance he is going to get denied.  Any thoughts?  We are planning to use boundless to assist with the filing process.  

 

His vaccine record has been lost - so we still need to get all of his vaccines (again) - Debating about doing these at a pharmacy or what the best option would be.  

 

 

[JeanneAdil 6,169]

no need to use boundless or any other outside service / you get the documents and send them in

they just copy and mail them for which you pay a healthy fee

your income is adequate/look up being able to add insurance to your company (or the cost of it in your state and prove you can afford it)

'

I am not a nurse or doctor so i would like to ask here "don't some antibodies from vacines show up in blood work? " and would some of these be sufficient if verified by dr?

[geowrian 22,335]

Totality of circumstances worksheet to give you an idea of how the case will be looked at: https://www.uscis.gov/sites/default/files/policymanual/resources/Appendix-TotalityoftheCircumstancesFramework.pdf

The $55k/year may or may not be sufficient given the circumstances. I don't know local COL and other factors specific to your circumstances. It's above the minimum for consideration is all I can say with confidence

.

Titer tests should be performed by the CS to see what vaccines are needed, and then get those. You do not just get vaccines that are unnecessary.

[Tjd2006 6]

17 minutes ago, geowrian said:

Totality of circumstances worksheet to give you an idea of how the case will be looked at: https://www.uscis.gov/sites/default/files/policymanual/resources/Appendix-TotalityoftheCircumstancesFramework.pdf

The $55k/year may or may not be sufficient given the circumstances. I don't know local COL and other factors specific to your circumstances. It's above the minimum for consideration is all I can say with confidence

.

Titer tests should be performed by the CS to see what vaccines are needed, and then get those. You do not just get vaccines that are unnecessary.

Cost of living in Ohio is low, so I don't image that will factor into this.  I am above 300% of the federal poverty line.  I am still concerned here though, but will have to hope for the best when we file.  His negatives are no health insurance, did not complete high school, no income.  I hope the 300% above the federal poverty line will be enough to weigh in our favor.  

[Tjd2006 6]

It seems like we can get his GED before filing in the State of Michigan as well (We are located in Ohio but Ohio has a residency requirement while Michigan does not).  

[geowrian 22,335]

25 minutes ago, Tjd2006 said:

Cost of living in Ohio is low, so I don't image that will factor into this.  I am above 300% of the federal poverty line.  I am still concerned here though, but will have to hope for the best when we file.  His negatives are no health insurance, did not complete high school, no income.  I hope the 300% above the federal poverty line will be enough to weigh in our favor.  

300% of the FPL is a heavily weighted positive factor, so that's good. It will be weighed against negative factors.

 

Why doesn't he have health insurance? Can't you add him to your plan before filing AOS?

And if not, he can signup via healthcare.gov once they get the I-485's NOA1. So that could be shown for the interview.

 

2 minutes ago, Tjd2006 said:

It seems like we can get his GED before filing in the State of Michigan as well (We are located in Ohio but Ohio has a residency requirement while Michigan does not).  

Did he recently move to Ohio...?

[Tjd2006 6]

1 minute ago, geowrian said:

300% of the FPL is a heavily weighted positive factor, so that's good. It will be weighed against negative factors.

 

Why doesn't he have health insurance? Can't you add him to your plan before filing AOS?

And if not, he can signup via healthcare.gov once they get the I-485's NOA1. So that could be shown for the interview.

 

Did he recently move to Ohio...?

We have been in Ohio since he came here.  Ohio just requires proof of residency in order to get a GED, the closest state that does not require it is Michigan.  I feel like having a GED would help quite a bit.  

[Tjd2006 6]

As far as health insurance my cost to add him at my company is outrageous.  The cost is $800 more a month, which makes absolutely no sense at all.  

[geowrian 22,335]

7 minutes ago, Tjd2006 said:

We have been in Ohio since he came here.  Ohio just requires proof of residency in order to get a GED, the closest state that does not require it is Michigan.  I feel like having a GED would help quite a bit.  

What proof do they require exactly? Even people who entered the US illegally generally meet residency requirements. That's separate from anything related to immigration.

Often they want evidence similar to what a DMV needs, which may be pieces of mail addressed to them, utility bills, etc.

Anyway, something to check on. Don't mix immigration status and residency.

 

6 minutes ago, Tjd2006 said:

As far as health insurance my cost to add him at my company is outrageous.  The cost is $800 more a month, which makes absolutely no sense at all.  

That is on the high side. Mine is around $450/month for a spouse.

Look at healthcare.gov plans. He will qualify one he gets the I-485. No need to wait for open enrollment.

He can change to an employer-sponsored plan, if desired, once he is employed (with an EAD or green card, obviously).

Edited May 13, 2020 by geowrian

[Lucky2Lucky 2,526]

16 hours ago, Tjd2006 said:

As far as health insurance my cost to add him at my company is outrageous.  The cost is $800 more a month, which makes absolutely no sense at all.  

That is pretty high. Regardless you will have to get him coverage through yourself or your state health exchange. 
Has he ever used government benefits in his time being in the US? That would have a significant negative impact as well.

I believe for AOS he would have to go to a civil surgeon to complete the medical form I-693. As far as the vaccines he can have titers drawn which will show if he has immunity (received vaccine) before (and be much cheaper) If not the civil surgeon Will administer.