bjaminh

Wow, got back to thei stread because I saw GOWON's Post.

I got my Permanent Residency letter and green card in the mail about 2 weeks after I posted that first question.

***Note: She still hadn't filed her 2011 taxes.

No. Property rights have no effect on your LPR status.

That's all I need. Thanks!

Louisiana is a community property state, however, one can file to 'opt out' which holds some legal weight. Would I be violating any terms of my permanent resident status if my wife and I did this?

Thanks!

@Beach Bum - I have already received my EAD and AP (May); 2010 tax returns were submitted.

@Anh Map - We submitted a response to the RFE quickly after receiving it. Are you suggesting we can still submit information? (proof of extension filing).

@Gowon and Jay-Kay - My wife is self employed and we were told she needed to meet the 125% regulation AFTER deductions, which we didn't satisfy, hence the RFE

I'm the beneficiary. I received my EAD and AP May 1st 2012. Prior to this, March 7th 2012, we received an RFE since my sponsoring wife didn't make 125% of the poverty line after deductions (which is where we goofed). We submitted evidence of her improved financial status, submitted pay stub proof that her income was 125% of the poverty line in 2011 (which don't include deductions....), and equally in only the first 3 months of 2012. She has not yet filed her taxes for 2011, though, she has filed for an extension granting her until october.

I am nervous that it has been since may 1st (4 months) since I've heard anything at all. The USCIS website still lists my case as "initial review"

QUESTION: could the fact that my wife has not submitted 2011 taxes be affecting my case? Obviously it's best that she do this asap, spare me any lecture here, but how connected are the IRS and USCIS in this regard?

Thanks!

You wouldn't become a public charge unless you become primarily dependent on means tested public benefits. Temporary financial or medical assistance would not make you a public charge. Being in long term institutional care on the taxpayers dime, on the other hand, would make you a public charge.

Becoming a public charge should not be your primary worry. In fact, if you actually did become a public charge while you were a permanent resident then you could be deported. Any LPR who becomes a public charge is inadmissible, and therefore deportable.

Your primary concern should be the affidavit of support. Your spouse's contract with the US government serves as a guarantee that you won't use any means tested public benefits as long as the affidavit is enforceable, and acknowledges that the government can force him to reimburse them in the event that you do. You do not have to be deemed a public charge in order for the affidavit of support to be enforced. You only need to use a means tested public benefit - even one time.

So aside from the government enforcing the affidavit and requiring my wife (the us citizen) to repay the benefits, is there any risk associated?

I just got off the phone with USCIS and they say that in this case the decision is "completely up to the benefit granting agency". I was informed that LSU could, in theory, ask my wife to reimburse them for the funding they grant me, but by accepting this healthcare assistance I would not become a public charge.

@Adriene H, Thank you so much!

Quite a diversity of responses here.

I'd like to reiterate here that this is not Medicaid. I was treated at Louisiana State University's hospital but I am not an LSU student.

On Monday I will call and attempt to track down the financial source, but again, when I casually inquired they said it was government funded.

**Does anyone know the best spot to look for criteria regarding not becoming a public charge?

Thanks!

@Queen Penguin

Thanks for acknowledging this. I realize that the majority of cases on VJ are males marrying foreign females, however, I am a foreign husband.

If it is medicaid then no, you can't.

But this seems to be some sort of insurance via the university? Then it is up to their rules.

I asked where the funding comes from and they said that it is governmental... perhaps only state government not federal? It's not medicaid.

Hey All,

USCIS received my application for AOS, EAD, and AP about a month ago. I recently needed to receive some basic medical attention in a hospital. They have given me the option to apply for free healthcare as a family along with my wife. I think we will qualify, but I'm concerned that this will in some way violate the conditions of my status. The free healthcare is issued through LSU (Louisiana State University).

Does anyone know?

Thanks so much!

@AmericanOne - I had my interview last Wednesday, and I'm expecting the K1 visa tomorrow or thursday at the DHL location in London also. Have you picked yours up yet, and if so, what was your experience?

Thanks!

I just got an appointment November 23rd through an email update in another thread.

I saw another one open November 29th Good Luck!!!

Just got one for November 23rd!!!!! So relieved.

Thanks a million.

I also saw November 29th available.

Good luck everyone!

Just got one for November 23rd!!!!! So relieved.

Thanks a million Rchi

I also saw November 29th available.

Good luck everyone!

I received my pkt 4 (k1 visa) two days ago and all of the forums I've been reading, many dating back to May, leave me quite frustrated.

My proposal is that we gather as many people in this forum thread as we can who are in the same boat. That way when one person finds openings, they can schedule it then immediately announce their findings here.

My fiancee and I are about to submit the I-129F application package.

Does anyone know if there are restrictions to me (the alien) entering the US before I am approved at my interview?

Thanks!

Seems to me that as of August 3rd, 2010, there is a universal "USCIS service center" address where you send your I-129F application regardless of which state you live in. Is this other people's understanding?

From the service center link:

"If you live in the United States or abroad and are filing Form I-129F, then file your petition at:

The USCIS Dallas Lockbox

For U.S. Postal Service:

USCIS

P.O. Box 660151

Dallas, TX 75266

For Express mail and courier deliveries:

USCIS

Attn: I-129F

2501 South State Highway 121 Business

Suite 400

Lewisville, TX 75067"

Hello!

My fiancee and I are just starting to gather documents now for the initial submission. We still have a lot to learn but one problem stick out in my mind that I need to settle, although the actual issue is far off...

I (the foreigner) have one more year of study in Canada. My understanding is that after approval at my interview, I will have 6 months to enter the USA, then 90 days to Marry. Theoretically, what happens if I am approved MORE than 6 months before the end of my school year? Would I be able to either apply for an extension to the 6 month rule or apply to be allowed to re-enter Canada soon after the wedding?

I'm sort of an opposite case where I would be worried about the applications being processed too quickly.

Thanks!