Paduppa

On 9/9/2019 at 8:35 PM, geowrian said:

On 9/9/2019 at 2:11 PM, Paduppa said:

 

The sooner you file, the sooner you can proceed with the process. You can always delay the process, but speeding it up is much harder.

May I ask for your prediction that if we file it before Oct15, are we likely to use the revised i864 form but no I-944 form needed for our case tho? 

I’m still trying to see if it’s really worth rushing file in order to avoid upcoming challenges. 

5 hours ago, geowrian said:

 

2) It's no longer proposed...it is a final rule now set to go into effect on a given date. But yes, important point that it does not impact DOS decisions at this time.

5 hours ago, geowrian said:

 

16 hours ago, Paduppa said:

From my opinion, it’s very likely that once the Final Rules take place, DOS will adjust their determination accordingly.

 

I’ve noticed from USCIS website that there will be an updated i864 form publishing on Oct 15. 

Who knows what will actually happen, but that's my prediction as well.

 

As for the new form, I'm assuming that's to correspond with the (new form) I-944 as well.

I wonder for my case, filling application outside US, is there still any advantages of doing it before Oct 15? 

Imagine even I apply before that date, but when the time for submitting i864 comes (let’s say within a year after the application date), I will have to use the revised version of i864 which is likely to be adjusted accordingly to the Final rules anyway? 

1 hour ago, pushbrk said:

Maybe?  Suggest?  Perhaps? All in the same sentence.  I gave a link to the relevant information.  Note that the affidavit of support asks no questions about whether children of sponsor receive means tested benefits.  "Held against"?  What does that even mean in this context.  The Consular Officer will evaluate the public charge concern based on the totality of circumstances available to evaluate.  Information about US Citizen children's means tested benefits is not part of what is available to evaluate.

I’ve noticed that USCIS states the updating of i864 form according to the Final rules.

We will see if sponsor needs to provide public benefit use record. 

43 minutes ago, missileman said:

I'm glad you mentioned this.  I think a lot of people don't realize that the new USCIS rule only applies to spouses of US citizens who apply for adjustment of status (K-1 entrants).......I read through the document several times searching for a reference to spouses who enter on a CR-1/IR-1 visa.  Of course, there is no reference, although US consulates are probably using similar criteria in determining public charge issues.

Thanks for posting....

From my opinion, it’s very likely that once the Final Rules take place, DOS will adjust their determination accordingly.

I’ve noticed from USCIS website that there will be an updated i864 form publishing on Oct 15. 

14 minutes ago, designguy said:

1) The public charge policy changes have to do with whether or not the beneficiary is likely to rely on government assistance. The fact that the sponsor is on medicaid will not be a factor in this case (as far as I know).

2) The public charge rule change going into effect Oct 15(proposed) is a USCIS policy and does not directly apply to applicants who are applying at US consulates abroad as those applications are handled by the DOS, however COs still have the authority to make a determination if they believe an applicant may become a public charge. 

3) The point of using a sponsor is to have the backing of a financially stable person. If the person providing sponsorship can not provide this then they will likely not be accepted by the CO. However the sponsorship information is not required when you initially file I-130. If you file today you'd need to have all of the AOS documentation ready in about a year. You mentioned using the sponsor's home as an asset. Keep in mind that the CO may not accept this as a primary home is not considered to be easily liquified.

4) If you aren't confident then it's likely the CO who will adjudicate your case won't be either.

 

When you say "main" sponsor do you mean the USC future spouse? You will need to provide the household size of the sponsor and co sponsor to get a better estimate on the 

• Main sponsor = USC future sponsor

• Main sponsor’s household size = 2 (beneficiary included)

• Co sponser’s household size = 3 (Herself, Main sponser, and beneficiary)

My partner and I (not married yet) are considering to file for CR-1 visa.

We have questions about our conditions related to our concern about the revised FAM instruction in Jan 2018 and upcoming new Public Charge rules effects on Oct 15, 2019.

The prospect main sponsor has no income since 2017 and he didn't file tax for last year.

The prospect co/joint sponsor (mother) has retired since January this year. She is in a transitional with no income stream as she hasn't started taking social security benefits yet but she has a retirement portfolio value over 5 times the annual income requirement as well as her house equity.

The sponsor and co-sponsor are currently on Medicaid.

Questions:

1. Could Medicaid cause issues according to the revised FAM instruction in Jan 2018? https://www.nilc.org/issues/economic-support/public-charge-changes-to-fam/

2. Does it seem likely to be advantageous to file our case before Oct 15?

3. If the case is filed while the sponsor is unemployed, if the sponsor obtains employment in the interim, will that income be acceptable for use in the i864 form?

4. We're concerned about being denied (under grounds of public charge) and are considering waiting until the sponsor obtains employment. We're unsure if our case is especially likely to be denied - we're treating the base rate of denial as 8% per https://www.cato.org/blog/immigration-application-denials-jump-37-percent-under-trump . Does anyone have any insight here?

Wonder if what your lawyer said about denied cases could be the result of the updated FAM (Jan. 4, 2018) implementation?
https://fam.state.gov/fam/09fam/09fam030208.html

Receipt of Means-Tested Benefits by the Sponsor:

(i)     (U) The sponsor's past or current receipt of means-tested benefits is a factor in support of a finding of inadmissibility for the applicant under INA 212(a)(4), insofar as it affects the applicant’s resources and financial status, including  the sponsor’s ability to support the applicant.   

(ii)    (U) If the sponsor or any member of his or her household has received public means-tested benefits within the past three years, you must review fully the sponsor's current ability to provide the requisite level of support, taking into consideration the kind of assistance provided and the dates received.

(iii)    (U) You must review carefully Form I-864 or Form I-134 and all attachments submitted with Form I-134, as well as evidence of the sponsor's current financial circumstances, in such cases.

Please excuse me for jumping in. 
Since I'm is considering to file for CR-1, may I have correct understanding of the "postmarked" date related to the final public charge rules, please.
Which state of application would fall into "pending" status and will not be subject to the final rule? 

 

Thank you for the replies above. Appreciated it. 

I've heard the way USCIS counts 6 months staying is = 180 days in a year, not sure it's true. 
I think the best way is to asking the USCIS office though. 

My USC boyfriend is staying in Thailand on Tourist Visa/Visa Exemption for  almost a year since Nov 2016.

He doesn't work here and has plan to go back to US in this December.

We are looking up if it possible to file DCF on Tourist Visa by having his mom to be a joint sponsor.

Our situation are as follows;
- I'm Thai and we are not married yet.
- He doesn't have any Thai Bank Account neither an apartment rental contract since he stays with me for the most period.
- Ha has hospital statement record - he was going to see doctor every month for around 6 months continuously.
- He has US credit card bills showing his spending in Thailand during his staying.
- He has US bank statement showing money transfer from his saving account to ATM account for using the money in Thailand.

- He has a work space membership proof.

I'm thinking about let him walk-in to USCIS office in Bangkok to ask if his case is acceptable to file DCF or not.
Then we can decide to get married (paper work) here and process the DCF before he leave Thailand.

Although, If it is unlikely to get approved, we might consider doing K1 or CR-1 once he gets back to US.

Do you think it's possible to ask USCIS that? Any advice?

Has anyone had experiened on applying DCF on Tourist Visa?
Please share.

Thank you