Question about new Public charge rule on I-485

[joaovily 10]

I had filed my application on 12/15/2022, but due to having two expired forms, the USCIS sent it back to me. Now I found out they released a new form I-485 with this question about Public charge.

It is my understanding that since I'm applying as a immediate relative (U.S. Citizen spouse), I would indeed be subject to the Public charge ruling. This is making me really scared since I have a joint sponsor.

My question would be how is this affecting applicants from inside the United states? Has anybody heard of marriage green card applicants (AOS)  being denied during the interview part?

I have been working and supporting myself for the past 6 years in the USA, never used any type of benefits and never even been to a Hospital.

Edited December 22, 2022 by joaovily

[iwannaplay54 985]

1 hour ago, joaovily said:

I had filed my application on 12/15/2022, but due to having two expired forms, the USCIS sent it back to me. Now I found out they released a new form I-485 with this question about Public charge.

It is my understanding that since I'm applying as a immediate relative (U.S. Citizen spouse), I would indeed be subject to the Public charge ruling. This is making me really scared since I have a joint sponsor.

My question would be how is this affecting applicants from inside the United states? Has anybody heard of marriage green card applicants (AOS)  being denied during the interview part?

I have been working and supporting myself for the past 6 years in the USA, never used any type of benefits and never even been to a Hospital.

Then the answer is no

[mytruelove18 608]

4 hours ago, joaovily said:

I had filed my application on 12/15/2022, but due to having two expired forms, the USCIS sent it back to me. Now I found out they released a new form I-485 with this question about Public charge.

It is my understanding that since I'm applying as a immediate relative (U.S. Citizen spouse), I would indeed be subject to the Public charge ruling. This is making me really scared since I have a joint sponsor.

My question would be how is this affecting applicants from inside the United states? Has anybody heard of marriage green card applicants (AOS)  being denied during the interview part?

I have been working and supporting myself for the past 6 years in the USA, never used any type of benefits and never even been to a Hospital.

Your answer is no, then jump to question 69

[joaovily 10]

2 hours ago, mytruelove18 said:

Your answer is no, then jump to question 69

This is confusing, according to one of the guides on uscis website, it says that anyone applying through a immediative relative is subject to the public charge of inadmissibility. Unless you are amerisian or under some other special case then you wouldnt be subject. The wording of the question is confusing, makes you think if you never used benefits you are not subject. But come to find out i was subject. Well i could be wrong, but i already submitted the form yesterday saying i was and answerd the following up questions about how i never used benefits. This comes into effect tomorrow so its really new. Hopefully it doesnt affect anything

[joaovily 10]

here is what i found through uscis website

they are considering that if theres a slight possibility of you having used benefits you are considered subject. I hope this clarifies

[Boiler 45,666]

Answer is still no

[Family 4,025]

1 hour ago, joaovily said:

here is what i found through uscis website

they are considering that if theres a slight possibility of you having used benefits you are considered subject. I hope this clarifies

You are reading it correctly and Yes was / is the correct answer. Being subject to the rules of public charge does not affect you negatively if you have NOT used any public benefits.

 

[joaovily 10]

4 minutes ago, Family said:

You are reading it correctly and Yes was / is the correct answer. Being subject to the rules of public charge does not affect you negatively if you have NOT used any public benefits.

 

It felt weird saying yes, but its what they are telling you through the website, it’s a weird ruling, since most people will never use benefits. Hopefully other people that are also DIYing their way through AOS can find this thread.

 

[Family 4,025]

I need to correct my position. The answer is NO , you are not subject to the inadmissibility rule since you have not used any public benefits. 
 

[joaovily 10]

8 minutes ago, Family said:

I need to correct my position. The answer is NO , you are not subject to the inadmissibility rule since you have not used any public benefits. 
 

but the question is not if you used benefits, you can still be subject to the public charge, just because you MIGHT be eligible for benefits, they do ask if you use any benefits later on. 

[joaovily 10]

Anyways, i am not too focused if the answer is yes or no, since i already said yes, it is what it is.But my question is how is this impacting people at the time of interview, does anybody know about that?

[powerpuff 6,732]

13 minutes ago, joaovily said:

but the question is not if you used benefits, you can still be subject to the public charge, just because you MIGHT be eligible for benefits, they do ask if you use any benefits later on. 

Several people have already said that the answer is no. You’re not inadmissible because you did not use public benefits. Immediate relatives are subject to it IF they have indeed used public benefits (immediate relatives are not exempt from this just because they’re relatives of US citizens - that’s what the USCIS chart you posted is about). If you really want to put yes, you can do that since that’s your petition. But that would be an incorrect answer that would bring extra unnecessary attention to your petition. 

Edited December 23, 2022 by powerpuff

[powerpuff 6,732]

~~ Topic moved from Progress Reports to Process ~~

[Boiler 45,666]

4 minutes ago, joaovily said:

Anyways, i am not too focused if the answer is yes or no, since i already said yes, it is what it is.But my question is how is this impacting people at the time of interview, does anybody know about that?

It came into force today.

[joaovily 10]

1 hour ago, powerpuff said:

Several people have already said that the answer is no. You’re not inadmissible because you did not use public benefits. Immediate relatives are subject to it IF they have indeed used public benefits (immediate relatives are not exempt from this just because they’re relatives of US citizens - that’s what the USCIS chart you posted is about). If you really want to put yes, you can do that since that’s your petition. But that would be an incorrect answer that would bring extra unnecessary attention to your petition. 

I appreciate all the attention, i made this post after i had already put the package in the mail, so i cant go back and redo my answers.