Should we prepare for K1 interview as if Public Charge rules apply?

[TinNhi 22]

Starting to get really nervous about our anticipated K1 interview in Ho Chi Minh City, Vietnam.  Although the Public Charge rules shouldn't affect the K1 (interview stage), should we just assume that the CO is looking ahead at our future to calculate our risk level of being a Public Charge?

 

For example,  should we assume and prepare as if the CO is looking for:

 

• DS-5540 form
• 250% of the minimum income level (future household of 2)
• Education documents (E.g. degree from a Vietnam university)
• English language proficiency certificate (E.g. IELTS)
• Private United States medical insurance coverage

 

Thank you,

[geowrian 22,335]

3 minutes ago, TinNhi said:

Although the Public Charge rules shouldn't affect the K1 (interview stage)

K-1 visa applicants have always been subject to the public charge inadmisability.

 

Earlier this year, both USCIS and DOS release rule changes on determining if somebody is likely to become a public charge. These are separate - but very similar - rules.

USCIS handles AOS.

DOS handles visas.

 

For the K-1 specifically, see the considerations from the FAM: https://fam.state.gov/FAM/09FAM/09FAM030208.html#M302_8_2_B_2

For AOS (after getting the K-1 and marrying in the US) later, see the USCIS worksheet: https://www.uscis.gov/sites/default/files/policymanual/resources/Appendix-TotalityoftheCircumstancesFramework.pdf

 

6 minutes ago, TinNhi said:

• DS-5540 form
• 250% of the minimum income level (future household of 2)
• Education documents (E.g. degree from a Vietnam university)
• English language proficiency certificate (E.g. IELTS)
• Private United States medical insurance coverage

1. Not strictly required for K-1, but a CO can request it. it is advised to have one prepared in case they ask for it.
2. This is a heavily weighted positive factor in the totality of circumstances. It is not a strict requirement...it is a positive factor.
3. I have not seen anybody say a CO requested this for a family-based visa. It doesn't mean they can't do so, but generally I would suspect that the education information from the DS-160 is sufficient.
4. I don't believe this is stated as a factor for the DOS rule, but might be considered in terms of employability. It is not required, and I don't think most people provide it or it is requested.
5. It is wise to have a plan in place for acquiring medical insurance shortly after arrival in the US. This can be showing that you can be added to your SO's plan after marriage, and costs to do so. Or if that's not possible, the plans from the state's exchange can be shown as you will qualify for those once you file for AOS. Private insurance is the last option. "Private" here refers to non-employer, non-exchange plans...not public vs private plans like Medicaid.

[TinNhi 22]

Thank you so much for the information and clarification!

 

Regarding the income factor, I read (or watched on YouTube) that the Public Charge rule now looks at the Beneficiary as well.   Does this mean that regardless of the current income I make (as the Petitioner), she will also need to make 100-125% of the minimum income requirement?

 

My "source":  https://youtu.be/fn_VQQJuL9A

 

Regarding health insurance, I intend on adding her to my Employer-sponsored plan.

Edited June 23, 2020 by TinNhi

[geowrian 22,335]

1 minute ago, TinNhi said:

Thank you so much for the information and clarification!

 

Regarding the income factor, I read (or watched on YouTube) that the Public Charge rule now looks at the Beneficiary as well.   Does this mean that regardless of the current income I make (as the Petitioner), she will also need to make 100-125% of the minimum income requirement?

 

My "source":  https://youtu.be/fn_VQQJuL9A

The sources I provided above are from the relevant government departments, so I would suggest sticking with that.

 

The applicant's income does not really matter unless it will continue from the same source upon entering the US (which for a K-1 is unlikely as they are not authorized to work yet).

 

The applicant's employment history, employability, and earning potential would be considerations in the totality of the circumstances. That's not to say having them is required...people who have never worked and plan to be a housewife/househusband can immigrate fine. Their sponsor(s) just need to be able to demonstrate that they will not become a public charge.

Whereas if the applicant has a work history, that burden is lessened. If they work in a field where they do or are likely to earn 125% or more of the FPL, that's even better. It helps show self-sufficiency.

 

For instance, my wife is an ICU RN. In her home country, she would earn under $10,000/year - way below the FPL. But in the US, she earns respectably (but still too low!) above the FPL. That's a positive factor even though her income at the time was below that threshold.

 

Quote

e. (U) Assets, Resources and Financial Status: 

(1)  (U) Applicant's Income, Assets and Resources: If an applicant has sufficient assets, resources, and/or financial status to support him or herself and members of the applicant's household after admission, it is a positive factor in the totality of the circumstances, as the applicant is less likely to become a public charge.  You must consider, among other relevant factors, the following aspects of an applicant's assets, resources, and financial status:

(a)  (U) Annual Gross Income: You must consider the applicant's household's annual gross income or projected annual gross income in the United States as a positive factor in the totality of the circumstances analysis if the annual gross income is at least 125 percent of the most recent Federal Poverty Guideline (FPG) based on the applicant's household size (or 100 percent for an applicant on active duty, other than training, in the U.S. Armed Forces).

 

[WandY 430]

I've been through the K-1 interview at HCMC. My fiance was interviewed and then I was called to the window for an interview and to explain some things. Here's what I can tell you:

 

- If the American makes above the threshold, can get insurance for VN fiance, and generally has a stable job - that's good. No problem.

- If the American is good with the IRS and you have the paperwork in order - that's good.

- If the American and VN know a lot about each other (family, work, school, etc.), that is essential. If you don't - big problem.

- If the VN can speak English and is educated - that's good. They want some assurance that she can work and assimilate into U.S.

- Be genuine. If you don't understand a question, just say so. You may not be able to answer everything. I was asked some strange questions, such as "Where did your fiance go to university and what did she study?" I knew it was in Hanoi and I knew the major. No big deal.

- We have a 21-year age difference, but we had spent a lot of time together and I knew a lot about her village and family. I think they liked that. I had been in VN quite a bit and know a lot about the culture, history, politics, etc. I think it helped.

- Be confident. Don't look nervous while waiting to be called to the window. You'll be OK.

[TinNhi 22]

We can't thank you guys enough for the information and assistance!  Our confidence level is growing, indeed! 

[Greenbaum 12,258]

16 minutes ago, TinNhi said:

We can't thank you guys enough for the information and assistance!  Our confidence level is growing, indeed! 

You may want to be a part of the discussion that's taking place from VN applicants found in the sub-forum for your area. Here is the link https://www.visajourney.com/forums/forum/90-asia-east-and-pacific/.  Good luck and stay engaged.