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Public Charge

 

The regulations (and echo'ed in 9FAM) relate that a determination of inadmissibility is based upon a likelihood of an applicant/immigrant after entering the US to become a "public charge" (dependent of the US government for substantance).

 

From 9FAM:

Factors to be taken into account.-

(i) In determining whether an alien is excludable under this paragraph, the consular officer or the Attorney General shall at a minimum consider the alien's-

(I) age;

(II) health;

(III) family status;

(IV) assets, resources, and financial status; and

(V) educaltion and skills

(ii) In addition to the factors under clause (i), the consular officer or the Attorney General may also consider any affidavit of support under section 213A for purposes of exclusion under this paragraph.

 

9FAM Notes:

A properly filed, non-fraudulent Form I-864, Affidavit of Support Under Section 213A of the Act, should normally be considered sufficient to overcome the INA 212(a)(4) requirements.

 

DOS FAQ on I-864:

Is a "sufficient" I-864 the only consideration for meeting any public charge issues at the time of the visa interview?

No. Even though the I-864 is a contract and the U.S. government prohibits giving immigrants most federal means-tested public benefits for at least the first five years after their arrival in the U.S., consular officers look at other public charge issues. They will look at the complete financial situation of the sponsor and the applicant. This means looking at the age, health, education, skills, financial resources and family status of the applicant and the sponsor. They will confirm to the extent possible that the applicant will have adequate financial support and is not likely to become a public charge.

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This is what is really starting to bug me, not knowing if what I will give them will be enough or will it cause a denial of visa.

 

 

Yes - NOBODY knows in advance if they will pass or fail. If you are concerned about the financial issues, you might try to line up a co-sponsor in advance.

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This is what is really starting to bug me, not knowing if what I will give them will be enough or will it cause a denial of visa.

 

 

Yes - NOBODY knows in advance if they will pass or fail. If you are concerned about the financial issues, you might try to line up a co-sponsor in advance.

Now if I have a co-sponsor lined up and my soon to be wife has the paper work in hand for at the interview. Would she give the paper work to the VO right away? Also if the co-sponsor isn't really needed will they still be bond as a co-sponsor by the fact that it was given to the VO?

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This is what is really starting to bug me, not knowing if what I will give them will be enough or will it cause a denial of visa.

 

 

Yes - NOBODY knows in advance if they will pass or fail. If you are concerned about the financial issues, you might try to line up a co-sponsor in advance.

Now if I have a co-sponsor lined up and my soon to be wife has the paper work in hand for at the interview. Would she give the paper work to the VO right away? Also if the co-sponsor isn't really needed will they still be bond as a co-sponsor by the fact that it was given to the VO?

 

Are you planning on doing a K visa or a CR1?

Link to comment

This is what is really starting to bug me, not knowing if what I will give them will be enough or will it cause a denial of visa.

 

 

Yes - NOBODY knows in advance if they will pass or fail. If you are concerned about the financial issues, you might try to line up a co-sponsor in advance.

Now if I have a co-sponsor lined up and my soon to be wife has the paper work in hand for at the interview. Would she give the paper work to the VO right away? Also if the co-sponsor isn't really needed will they still be bond as a co-sponsor by the fact that it was given to the VO?

 

Are you planning on doing a K visa or a CR1?

K3, but I really want to do the CR1..... She won't give in on this one because she is so sure that the CR1 will take to long......

Link to comment

This is what is really starting to bug me, not knowing if what I will give them will be enough or will it cause a denial of visa.

 

 

Yes - NOBODY knows in advance if they will pass or fail. If you are concerned about the financial issues, you might try to line up a co-sponsor in advance.

Now if I have a co-sponsor lined up and my soon to be wife has the paper work in hand for at the interview. Would she give the paper work to the VO right away? Also if the co-sponsor isn't really needed will they still be bond as a co-sponsor by the fact that it was given to the VO?

 

Are you planning on doing a K visa or a CR1?

K3, but I really want to do the CR1..... She won't give in on this one because she is so sure that the CR1 will take to long......

 

Have you told her that the CR1 is cheaper? :)

Link to comment

This is what is really starting to bug me, not knowing if what I will give them will be enough or will it cause a denial of visa.

 

 

Yes - NOBODY knows in advance if they will pass or fail. If you are concerned about the financial issues, you might try to line up a co-sponsor in advance.

Now if I have a co-sponsor lined up and my soon to be wife has the paper work in hand for at the interview. Would she give the paper work to the VO right away? Also if the co-sponsor isn't really needed will they still be bond as a co-sponsor by the fact that it was given to the VO?

 

Are you planning on doing a K visa or a CR1?

K3, but I really want to do the CR1..... She won't give in on this one because she is so sure that the CR1 will take to long......

 

Have you told her that the CR1 is cheaper? :)

Yes and it still didn't make her change on this one. She seems to think that it will take 2 years to do a CR1..... :(

Link to comment

This is what is really starting to bug me, not knowing if what I will give them will be enough or will it cause a denial of visa.

 

 

Yes - NOBODY knows in advance if they will pass or fail. If you are concerned about the financial issues, you might try to line up a co-sponsor in advance.

Now if I have a co-sponsor lined up and my soon to be wife has the paper work in hand for at the interview. Would she give the paper work to the VO right away? Also if the co-sponsor isn't really needed will they still be bond as a co-sponsor by the fact that it was given to the VO?

 

Are you planning on doing a K visa or a CR1?

K3, but I really want to do the CR1..... She won't give in on this one because she is so sure that the CR1 will take to long......

 

Have you told her that the CR1 is cheaper? :lol:

Yes and it still didn't make her change on this one. She seems to think that it will take 2 years to do a CR1..... :(

 

Mine is taking at least a year and a half! ;) :lol:

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This is what is really starting to bug me, not knowing if what I will give them will be enough or will it cause a denial of visa.

 

 

Yes - NOBODY knows in advance if they will pass or fail. If you are concerned about the financial issues, you might try to line up a co-sponsor in advance.

Now if I have a co-sponsor lined up and my soon to be wife has the paper work in hand for at the interview. Would she give the paper work to the VO right away? Also if the co-sponsor isn't really needed will they still be bond as a co-sponsor by the fact that it was given to the VO?

The VO can request a joint-sponsor if one is not provided; and he can refuse the joint-sponsor form if it's not needed.

 

WHen asked for financials, she can hand over the entire financial folder; explain there is a joint-sponsor in there if the VO deems it's needed...

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