RFE - Failed to answer Public Charge admissibility

[CebuGuy 7]

Hello everyone,

 

I received an I-485 RFE not too long ago that asked for several things and I've been working on it ever since. One of the things the RFE notified me about was that I "Failed to answer Public Charge inadmissibility questions." Here's the text from USCIS:

 

"You indicated that you are not subject to public charge ground of inadmissibility under INA 212(a)(4) when answering Part 8., Item Number 61 on your Form I-485. Therefore, you did not answer Part 8., Item Numbers 62-68 related to the public charge ground of inadmissibility. However, you are subject to the public charge ground of inadmissibility because you are applying for adjustment of status as a(n) Spouse of a United States citizen."

 

I was confused at first when I read it because I thought I had answered the question correctly when I answered "No." However, I did further research including other threads on this site where people said the correct answer is also "No" and I think it may be a misunderstanding of the question. I figured out the question is worded awkwardly but it's not asking if my spouse is inadmissible from being subject (as in about to become or currently is) a public charge but rather if she is EXEMPT from being inadmissible as a public charge at any time (for example if all our money disappears into thin air and we end up in the poor house). Since she is not exempt, she is subject to inadmissibility from being a public charge under INA 121(a)(4). The answer should have been "Yes" like USCIS indicated.

 

I was wanted to confirm two things from y'all:

 

1. That "Yes" should have been the answer to I-485 Part 8. Question Number 61. public charge question.

2. I have to fill out a new brand new I-485 with the correct answers filled in and sign/date with the current date (and not the date of the original I-485 submission).

[Chancy 6,233]

9 minutes ago, CebuGuy said:

1. That "Yes" should have been the answer to I-485 Part 8. Question Number 61. public charge question.

2. I have to fill out a new brand new I-485 with the correct answers filled in and sign/date with the current date (and not the date of the original I-485 submission).

 

1.  Answer should be "Yes" -- subject to public charge.

2.  Depends on what the RFE asks for.  If not specified, fill out new I-485, sign and put actual date of signing.  Note that it should be your wife (the immigrant) who should sign the I-485.

 

Edited December 3, 2023 by Chancy
added note re: immigrant signing I-485

[CebuGuy 7]

12 minutes ago, Chancy said:

 

1.  Answer should be "Yes" -- subject to public charge.

2.  Depends on what the RFE asks for.  If not specified, fill out new I-485, sign and put actual date of signing.  Note that it should be your wife (the immigrant) who should sign the I-485.

 

 

RFE says: "Please provide your answers to Part 8., Item Numbers 62-68 on Form I-485 related to the public charge ground of inadmissibility. Place your initials and the date next to each answer and return your completed Form I-485 with your response to this notice."

 

I'm guessing since it says return your completed form and USCIS has the original completed form, I have to submit a new one with new date?

[Boiler 43,543]

Just asking for answers, yes it is super confusing and seems so intentionally.

[powerpuff 5,914]

Hijack post and reply removed. Please do not ask your own questions in other member’s threads.
 

VJ Moderation 

[1983Electric 23]

Was about to send my I-485 and did the same as you.  Glad you posted this so I could get mine fixed before sending it.

[KaitlinL 9]

I’ve realized I checked “No” when it should have been “Yes”… annoying how they make it so confusing.

 

Is there anything I can do now, like send in a new one in hopes they add it to my packet? Or just wait it out for the RFE..

[powerpuff 5,914]

51 minutes ago, KaitlinL said:

I’ve realized I checked “No” when it should have been “Yes”… annoying how they make it so confusing.

 

Is there anything I can do now, like send in a new one in hopes they add it to my packet? Or just wait it out for the RFE..

I would just wait for an RFE if they issue one. It’s also possible they won’t. I remember back when we filled I-129f we didn’t check a box we should have checked and I read few people got RFEs for that but thankfully we didn’t.