1
Aug

Fiance Visa affected by the Public Charge Injunction

Public Charge Injunction affects on the Fiance Visa Process

A NY judge has placed a nationwide injunction on the public charge “final rule” during the period of which COVID-19 is declared a “national health emergency”.

If you remember, earlier this year President Trump got this wish granted on the “wealth test” — an update on the public charge laws requiring all incoming immigrants to be self-sufficient and have things like health insurance when they arrive.

Well, the Judge who placed the injunction (block) said that this law discouraged people from seeking coronavirus-related medical help because they feared it may affect their immigration status as a result of using public benefits OR having the disease.

Following the injunction order, the USCIS have said they will make changes to their procedures and implement them as soon as possible. They published an update on their website (www.uscis.gov).

So, what exactly does this mean for YOU and your fiance visa case now and in the future?

Well, as long as COVID-19 is declared a “national health emergency”, it means plenty of changes:

.

Form I-944, Declaration of self-sufficiency, is NOT REQUIRED

…It’s not required if you apply for adjustment of status (I-485 for a green card) starting July 29, 2020… until the point COVID-19 is not declared a “national health emergency” anymore.

Those who have already applied for the I-485 before this date and still have not been adjudicated will not be held to the strict “final rule”. Going forward, the form I-944 will be ignored by the USCIS if anyone mistakenly submits it with the I-485 (there will be no penalty to you if you do).

If you’re not aware, this form I-944 requires a huge disclosure of an applicant’s financial information, debts, liabilities, income sources, education, even credit scores and reports. It’s meant to give the USCIS a “full picture” of your situation so they would determine if you’re self-sufficient or not. This form proved to be vague and often difficult to comply with.

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Health Insurance

Part of the “final rule” declared it a strong “positive weighted factor” to have health insurance for all incoming immigrants as part of the assessment to be self-sufficient.

Now, there may be a possible elimination of this for both the K visa interview and the Green card process. With the blockage on “final rule”, this requirement may also fall out of importance (although it may theoretically still be requested by an officer under the “totality of circumstances”).

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Form DS-5540

Lastly, it’s possible that there’s an elimination of form DS-5540 — a form introduced when Trump ‘s “final rule” was granted asking K visa applicants about self-sufficiency and health insurance. First of all, this form wasn’t required by everyone; it was up to the Embassy or the interviewing officer to request it from you specifically before your K visa interview.

Secondly, most K visa didn’t even get a chance to hear about this form because when it was introduced, COVID-19 forced Embassies to close. So, it’s like it never existed… In any case, with the injunction on the final rule, it means the form may be eliminated altogether. We are not sure at this point.

The minimum income level will still be 125%.

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How long will this injunction remain?

It’s difficult to predict how long the halt of the “final rule” will last. We don’t know at this point. Remember, the injunction is in place as long as COVID-19 is declared a “national health emergency”.

It’s possible the US may continue the blockage longer. Or it’s possible that other parties may challenge and overturn the rule in the future.

So — considering the fact that the world is still turned upside down due to COVID-19, it’s impossible to tell what we will see.

There are 8 comments so far

  • Anis
    1 year ago · Reply

    Hi Prem
    I just received 2 days ago the notice of Approval from USCIS for the I-129f. Great news ! ( I want to also thank you because your blog really helped me a lot).
    But now due to Covid, I don’t know if the NVC is actually processing the I-129f or is it holding them back. I told my fiancée to contact the local embassy to inquire about K-1 visas but they told her that they aren’t proceeding it at that moment.
    Not knowing how long I will wait is driving me crazy. I don’t know if my case is actually stuck at the NVC, I don’t know if embassy will resume interviews before the end of the year or maybe they simply consider that K1 visas fall into president Trump presidential proclamation (Thank you Trump).
    I couldn’t find any clear answer.

    Thanks
    Anis

    • Cris
      1 year ago · Reply

      Hello Anis. We appreciate your writing in.
      As of August 28, the US Embassies around the world are reopening and starting to process K1 Visas.
      However, we need to keep in mind there’s a travel ban on some particular countries and their Embassies may not process K visas if they fall in any proclamation.
      We always recommend that either the beneficiary or the petitioner get in touch with the Embassies to make sure about any updates.
      Right now, we’re also unsure of their exact timeline, but, at least, the I-129F petition revalidation won’t be a problem.
      Here’s an official release:
      https://travel.state.gov/content/travel/en/News/visas-news/important-notice-for-k-visa-applicants-affected-by-covid-19.html

      -Cris (Visa Tutor Team)

  • Eva
    1 year ago · Reply

    We sent in our I-129F Visa on 2/26/20 then received our recpite number a couple weeks later but since then we have not heard any updates from the USCIS concerning our case to move onto the interview process. Have other people been getting their Fiancé Visa applications approved during Covid?
    Thanks!

    • pkumar@visatutor.com Author
      1 year ago · Reply

      Eva,
      The USCIS is processing I-129F petitions so there should be minimal delay with them. The average processing time nowadays is roughly 5 months so you should expect to wait this much time for your case. If you don’t hear back for more than 1-2 months, you may submit an online inquiry for “past processing time”.
      -Prem

  • Mokhtar/ RTC Ziarati
    1 year ago · Reply

    My fiancé is in China we already filled the I-129F on Jan 9 ,2030
    I was wondering does USA still allows K1 visa to chines . Our application is still in USCIS .
    Last week they asked for additional Information. They asked for letter of intent to get marry and proof of financial support which was sent 20 days ago

    Thanks
    Mokhtar

    • pkumar@visatutor.com Author
      1 year ago · Reply

      Hello Mokhtar,
      The USCIS is currently processing I-129F petitions for Chinese beneficiaries. Your case is being processed, as evident by the RFE you received, and you will get a result as soon as they’re done. Once approved, your case will be sent to the NVC, who will forward the case as appropriate when the embassies reopen. I hope this helps.
      -Prem

  • MOSES ADUFE
    1 year ago · Reply

    For applications and petitions that USCIS adjudicates on or after July 29, 2020, pursuant to the SDNY injunction, USCIS will not consider any information provided by an applicant or petitioner that relates to the Public Charge Rule, including information provided on the Form I-944, or information on the receipt of public benefits in Part 5 on Form I-539, Part 3 on Form I-539A or Part 6 on Form I-129. Applicants and petitioners whose applications or petitions are postmarked on or after July 29, 2020, should not include the Form I-944 or provide information about the receipt of public benefits on Form I-485, Form I-129, or Form I-539/I-539A.

    USCIS will issue guidance regarding the use of affected forms. In the interim, USCIS will not reject any Form I-485 on the basis of the inclusion or exclusion of Form I-944, nor Forms I-129 and I-539 based on whether Part 6, or Part 5, respectively, has been completed or left blank.

    In any public charge inadmissibility determination, USCIS will consider the receipt of public benefits consistently with prior public charge guidance – the 1999 Interim Field Guidance (PDF) and AFM Ch. 61.1. (PDF, 77.92 KB I FOUND IT THANKS

  • MOSES ADUFE
    1 year ago · Reply

    Form I-944, Declaration of self-sufficiency, is NOT REQUIRED??? Please where exactly did you get this news? because i checked the uscis site i cant find it thanks.. if this is real i will be happy because i have been thinking about this form for long, because i have a lot of debts on my credit and so mad with trump administration…

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