artcodex

Yeah if you added as household member and not joint sponsor that may have made a difference, but you need to speak to someone embassy or nvc to correct the situation. This might delay your next steps while sorting it out, but you should be able to speak to someone about getting the issues sorted. Usually helps to connected 1-1 with someone to resolve.

not sure how long to get interview but usually the interview letter is sent out when they have an appointment for you in next 3-6 weeks. It likely won't be less then 3 weeks from IL to interview because you can only go to medicals after IL. Also they only schedule the interview and send the IL like I said when there is available slot 3-6 weeks out.

needless to say the unknown is how long to schedule interview and send IL, sounds like not too bad for Paris. For me in Johannesburg sounds like more of an issue (taking 3 months just to schedule interview in cases).

For all those wonder about the consular public charge rule change that was made on October 11, 2019 and made effective on October 15, 2019, it is on hold until new forms are available for questioning (This is not news).
 
HOWEVER, today the department of state just announced that this process will take 60 day period:
 
Although the effective date of the interim final rule is October 15, 2019, the Department will not implement the rule until the use of a new form for information collection is approved by the Office of Management and Budget.  On October 24, 2019, the Department published a 60-Day Notice of Proposed Information Collection for its Public Charge Questionnaire, which is a necessary step to have the new information collection approved. 
 
So for anyone wondering on what this looks like in the short term, here above is answer, the Jan 2018 changes are currently the law of the land until this is resolved.

I can't speak for OP but for myself I obviously have a plan for my parents healthcare if they manage to get eveything resolved and get here, but that plan requires setting them up once here. The reality of getting them coverage before they arrive is highly tricky compared to resolving that coverage once they are here.
Getting them coverage to bolster there case for interview is to me very different to getting them actual coverage they will need once they arrive. Proving you intend to cover them is also not that easy to do before they arrive. I think this is all the confusion.
 
If they just came forward with you need to get coverage and this is how you can do it before interview I'd be all for that since I know my parents will actually need coverage, but that involves working with insurance companies and opening better pathways to get there

yeah my AOS didn't show up immediately showed up a day later just give a day or two.

yeah it's just really confusing because of all the notices sent out about needing this realistically now all that is blocked but people having interviews say Monday may not know the difference. Hopefully the nvc or consulates send out notice for this block to clients.

yeah it's just really confusing because of all the notices sent out about needing this realistically now all that is blocked but people having interviews say Monday may not know the difference. Hopefully the nvc or consulates send out notice for this block to clients.

Just to add and clarify. As has been mentioned above the 14 August 2019 rule that was going to be implemented on October 15 was only specific to those going through Adjustment of Status. These rules are implemented through DHS and USCIS. These agencies were litigated against and temporary injunction was placed on their rule. For consular visa processing it is responsibility of Department of State to set rules and guidelines for those applying from outside of the country and so the above mentioned rule would not affect people through this process BUT and here is the big BUT, the department of state (DOS) had already modified public charge at beginning of the year and on Friday (October 11) put out an interim rule specifying that they were changing their guidelines to closer adhere to the DHS and USCIS new rules on public charge that were going to take effect on October 15. So even though the original rules set by DHS and USCIS have an injunction on them, this injunction will not effect guidance updates and rule updates by DOS. You can read more about this DOS plan here:
 
https://travel.state.gov/content/travel/en/traveladvisories/ea/Information-on-Public-Charge.html
 
So consular processing is not status quo for outside the USA and is changing. In fact this interim guidance is going into effect on October 15 as well. To me this is crazy because the guidance/rules were set for AOS applicants and many areas don't make sense for visa applicants and the form changes and new forms were also specific to AOS and no longer are published at all, so how they intend to collect this new information for visa applicants is anyone's guess at this point. It seems like complete chaos to me.
 
So in summary DOS consular visa processing is changing it's guidelines to closer reflect the August 14th rule, the DOS guidelines are not the same as DHS rules, but they are now very similar where as before public charge was a simpler hurdle to navigate this will certainly make it a lot more difficult and very confusing for people who have upcoming interviews since these changes are very rushed with little guidance.
 

Watch this space officially being challenged in Oregon federal court!
 
 

I will say though these are major political games that have huge effects on everyone involved!

Generally they care about communicable diseases, drug use, psychological issues, any kind of issues that would put others in danger. They give a little more focus to on going issues that are likely to re-occur but the doctor at medical will know about that (i.e chronic issues), acute onsets of issues aren't likely to re-occur unless there are underlying concerns (i.e you would be in hospital if you for instance broke a bone, but thats not likely to cause major further issues in future once it's healed).
 
Speaking from experience but no detailed knowledge on the specifics they don't generally accept outside medical records because it's a closed system, just like you have to visit a specific doctor, they will likely either do the x-ray's on site or send to a specific certified lab (certified for immigration use lab) for these x-rays. I could be wrong but it's unlikely for them to accept these prior x-rays, the other issue is that the medical exam is valid 6 months from date of exam and so if the x-rays are already 2-3 months old then obviously their validity is shorter. 

Also I just noticed the DOS revised it's bulletin as well to signal the wait for the new forms: https://travel.state.gov/content/travel/en/traveladvisories/ea/Information-on-Public-Charge.html

Keep checking I'm not sure about this process and embassies but checking especially at night and later at night you might find something as cancellations happen too.

1. Applies to those going to interviews before getting visa. Can't say border officials won't give issues at port of entry but this rule is targeting those still in visa application process.
2. See point 1 it should not apply to them but nothing is guaranteed with entry.
3. Yes the ruling applies to IR-5 visa applicants but differently then the main peice of ruling, for IR-5 they are mainly looking that one can afford their own healthcare vs actually requiring proof of healthcare being obtained. Not sure what exactly that means hopefully more guidance will come on what they are looking for, but I imagine it's looking at funds available to provide for healthcare. 

Just to add and clarify. As has been mentioned above the 14 August 2019 rule that was going to be implemented on October 15 was only specific to those going through Adjustment of Status. These rules are implemented through DHS and USCIS. These agencies were litigated against and temporary injunction was placed on their rule. For consular visa processing it is responsibility of Department of State to set rules and guidelines for those applying from outside of the country and so the above mentioned rule would not affect people through this process BUT and here is the big BUT, the department of state (DOS) had already modified public charge at beginning of the year and on Friday (October 11) put out an interim rule specifying that they were changing their guidelines to closer adhere to the DHS and USCIS new rules on public charge that were going to take effect on October 15. So even though the original rules set by DHS and USCIS have an injunction on them, this injunction will not effect guidance updates and rule updates by DOS. You can read more about this DOS plan here:
 
https://travel.state.gov/content/travel/en/traveladvisories/ea/Information-on-Public-Charge.html
 
So consular processing is not status quo for outside the USA and is changing. In fact this interim guidance is going into effect on October 15 as well. To me this is crazy because the guidance/rules were set for AOS applicants and many areas don't make sense for visa applicants and the form changes and new forms were also specific to AOS and no longer are published at all, so how they intend to collect this new information for visa applicants is anyone's guess at this point. It seems like complete chaos to me.
 
So in summary DOS consular visa processing is changing it's guidelines to closer reflect the August 14th rule, the DOS guidelines are not the same as DHS rules, but they are now very similar where as before public charge was a simpler hurdle to navigate this will certainly make it a lot more difficult and very confusing for people who have upcoming interviews since these changes are very rushed with little guidance.
 

Just to add and clarify. As has been mentioned above the 14 August 2019 rule that was going to be implemented on October 15 was only specific to those going through Adjustment of Status. These rules are implemented through DHS and USCIS. These agencies were litigated against and temporary injunction was placed on their rule. For consular visa processing it is responsibility of Department of State to set rules and guidelines for those applying from outside of the country and so the above mentioned rule would not affect people through this process BUT and here is the big BUT, the department of state (DOS) had already modified public charge at beginning of the year and on Friday (October 11) put out an interim rule specifying that they were changing their guidelines to closer adhere to the DHS and USCIS new rules on public charge that were going to take effect on October 15. So even though the original rules set by DHS and USCIS have an injunction on them, this injunction will not effect guidance updates and rule updates by DOS. You can read more about this DOS plan here:
 
https://travel.state.gov/content/travel/en/traveladvisories/ea/Information-on-Public-Charge.html
 
So consular processing is not status quo for outside the USA and is changing. In fact this interim guidance is going into effect on October 15 as well. To me this is crazy because the guidance/rules were set for AOS applicants and many areas don't make sense for visa applicants and the form changes and new forms were also specific to AOS and no longer are published at all, so how they intend to collect this new information for visa applicants is anyone's guess at this point. It seems like complete chaos to me.
 
So in summary DOS consular visa processing is changing it's guidelines to closer reflect the August 14th rule, the DOS guidelines are not the same as DHS rules, but they are now very similar where as before public charge was a simpler hurdle to navigate this will certainly make it a lot more difficult and very confusing for people who have upcoming interviews since these changes are very rushed with little guidance.
 

Yeah the concept is one thing, the implementation is another.

Yeah the concept is one thing, the implementation is another.

Firstly both you and your husband would need to provide affidavit of support that would then show that there is 90K around to support your mother. 90K is actually pretty substantial based on the guidelines as it''s more then 250% of the poverty line. Obviously though it's hard to say the bar being placed or to predict the future and it also comes down to a number of factors.
 
If you are supporting others like the other children this will affect your case. Your mothers current health will affect, ability to pay for health plan. Her ability to work and history of work will matter too. it's a very comprehensive set of things that are looked at, a number of factors.
 
All that said I'm no legal expert to say how a consular officer may assess the situation, but you certainly don't have a bad case to present here. This could go either way. For sure if your mother is uninsured and has a major medical issue the 90K a year would likely not cover that, but then again even making a $1 million a year in U.S you can still run bankrupt on medical expenses and so you would hope the assessment would have some level of reasonable review, but like I said hard to assess what a consular officer may or may not do, their ability to adjudicate the situation is pretty large scope. 

Certainly possible and I wouldn’t be surprised if that happened. But I gave up trying to predict what will be next. haha

This number is not "exactly" true. Foremost and firstly the number being referred to is $64,375 and is 250% of the federal poverty line for a household of 4 (The number referenced is for 2018). For the entire federal poverty tables (for 2019) you can see: https://help.ihealthagents.com/hc/en-us/articles/225377107-What-are-the-2019-Federal-Poverty-Levels-
 
Now the bigger reply to this is that this is not a requirement, all that is required is 125% of the federal poverty line (which is $32,187 for household of 4 for 2019). If you get less then this it will be harder to prove your case but can be done with other means (eg. assets etc.). However under new rules and guidance it seems if you get between 125% and 250% (so between $32,187 and $64,375 again for a household of 4 you can look at table link above for other figures), you qualify but they may scrutinize your other factors like employment prospects, health, health care etc more carefully in making a full assesment, with this guidance it appears that if you make more then 250% it will just make your case a lot easier and streamlined, but again it is not a requirement or something that will make things exceedingly more difficult it just might make things a little more comlicated for you if you fall into the in-between category, if you fall under 125% things become way more difficult. 
 
Anyway above is my interpretation of changes + guidance (there is a difference between direct legal changes and guidance documentation given to consular offices, since guidance documents can often have more clarity on what to look for, both should be publicly available afaik).

This number is not "exactly" true. Foremost and firstly the number being referred to is $64,375 and is 250% of the federal poverty line for a household of 4 (The number referenced is for 2018). For the entire federal poverty tables (for 2019) you can see: https://help.ihealthagents.com/hc/en-us/articles/225377107-What-are-the-2019-Federal-Poverty-Levels-
 
Now the bigger reply to this is that this is not a requirement, all that is required is 125% of the federal poverty line (which is $32,187 for household of 4 for 2019). If you get less then this it will be harder to prove your case but can be done with other means (eg. assets etc.). However under new rules and guidance it seems if you get between 125% and 250% (so between $32,187 and $64,375 again for a household of 4 you can look at table link above for other figures), you qualify but they may scrutinize your other factors like employment prospects, health, health care etc more carefully in making a full assesment, with this guidance it appears that if you make more then 250% it will just make your case a lot easier and streamlined, but again it is not a requirement or something that will make things exceedingly more difficult it just might make things a little more comlicated for you if you fall into the in-between category, if you fall under 125% things become way more difficult. 
 
Anyway above is my interpretation of changes + guidance (there is a difference between direct legal changes and guidance documentation given to consular offices, since guidance documents can often have more clarity on what to look for, both should be publicly available afaik).

Sorry what I meant was with the current guidelines they are implementing right now like the new public charge rule. My assessment was broad but the new I-944 looks like it will consider debt, and I assume their may be guidance to follow for consular processing that is similar. I know today they don't have these considerations but I'm looking at changes that are near to being implemented that would affect future cases.

This number is not "exactly" true. Foremost and firstly the number being referred to is $64,375 and is 250% of the federal poverty line for a household of 4 (The number referenced is for 2018). For the entire federal poverty tables (for 2019) you can see: https://help.ihealthagents.com/hc/en-us/articles/225377107-What-are-the-2019-Federal-Poverty-Levels-
 
Now the bigger reply to this is that this is not a requirement, all that is required is 125% of the federal poverty line (which is $32,187 for household of 4 for 2019). If you get less then this it will be harder to prove your case but can be done with other means (eg. assets etc.). However under new rules and guidance it seems if you get between 125% and 250% (so between $32,187 and $64,375 again for a household of 4 you can look at table link above for other figures), you qualify but they may scrutinize your other factors like employment prospects, health, health care etc more carefully in making a full assesment, with this guidance it appears that if you make more then 250% it will just make your case a lot easier and streamlined, but again it is not a requirement or something that will make things exceedingly more difficult it just might make things a little more comlicated for you if you fall into the in-between category, if you fall under 125% things become way more difficult. 
 
Anyway above is my interpretation of changes + guidance (there is a difference between direct legal changes and guidance documentation given to consular offices, since guidance documents can often have more clarity on what to look for, both should be publicly available afaik).