Fiance Visa, Coronavirus, public charge, health insurance?

7
Mar

Fiance Visa, Coronavirus, public charge, health insurance?

Of all the years I can remember, this year has got to be one of the most memorable for fiance visas. I mean, in just the span of 2.5 months, we’ve already got so much news and headlines regarding visas and immigration.

I’m going to recap all the major things that potentially impact fiance visa applications and timelines… and then give you my opinions on all of them.

❑ Public charge
.
The whole bewildering news about public charge is kind of just spurred on by the media. It’s true that public charge is a big issue and you have to have enough financial support to show during your K visa interview.

However, that was ALWAYS the case. In fact, in my older articles, you often heard me talk about “public charge” and the “totality of circumstances”. The “new” public charge rule isn’t really a new rule. It’s just a re-emergence of a long-held policy — that all new immigrants should be self-sufficient (or at least supported by a sponsor).

So, yes, you should be conscious of your I-134 Affidavit of Support more than ever before. My website and online courses dive deep into this topic (along with public charge and “new” policies).

❑ Health Insurance
.
The whole thing about health insurance is not new, either. Embassy officers always had the authority to ask people whether they had adequate medical coverage if/when they got to the US. President Trump has only brought this more into the limelight because he says that foreigners receive expensive medical treatment and don’t pay for it causing taxpayers to suffer.

As of right now, there’s a new form DS-5540 “Public Charge Questionnaire” which is not explicitly required for fiance visa applicants, but may be requested IF the Embassy officer specifically asks. So, you don’t have to necessarily go to the interview with the DS-5540, but you should be aware of it. I’ve written a small step-by-step guide on filling this form out. Right now, this is a relatively “new” form so many of us won’t have all the answers to your questions or doubts.

❑ Form I-944
.
“Declaration of Self Sufficiency” is now required for all fiance visa applicants when they submit their I-485 Adjustment of Status for a Green Card. This form will ask about your household, assets, debts, health insurance coverage, past public benefits used, financial situation, even your credit card score (if available) as a way to help the USCIS determine if you’re going to be a public charge, and thus approving or denying your permanent residency.

❑ Coronavirus
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Surprisingly affects fiance visa applicants, too. As of now, the US Department of State
advises against international travel and is restricting direct flights from affected countries. If someone, let’s say a fiance visa approved applicant, was to try to come to the US before his/her visa expired, he/she would have to travel through different countries before being admitted in. So, if you’re from an affected country and worried about your visa, please note:
1. ■ Some Embassies may be shut down due to the outbreak. If that’s the case with your locality, you are probably going to be rescheduled for your interview. The Embassy will handle the details but you should check their website for updates.
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2. ■ Some passengers are going to be screened if they’re from affected countries.
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3. ■ If you’re from an affected country and you’re applying for a fiance visa, you may have to discuss the details with the Embassy. They may postpone your interview, reissue an expired visa, or whatever solution they come up with.
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4. ■ Having the virus or coming from an affected country doesn’t automatically mean you’ve got inadmissible visa problems.

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Tagged: Current events, public charge
12

There are 12 comments so far

Julie Muthunga

1 week ago · Reply

My name is Juliah. i had my K1 interview in nairobi kenya on 11th December 2019 and my visa was approved at the counter. 3 days i received a mail asking me to send my communication history with my Fiancee and may pick my passport of which i submitted 3 days later. i received a mail on 13th february 2020 confirming they have received my documents after 2 months and until then i haven’t received any notification. what would you take of this case. getting worried as the days go by.
- pkumar@visatutor.com Author
  
  1 week ago · Reply
  
  Juliah,
  Thanks for reaching. It’s difficult to guess what’s behind the delay. As you’re aware it could be a combination of travel ban issues + issues with shortage of staff due to COVID-19 + any issues with proof of relationship. So, it’s best to contact the official US embassy in Kenya and ask for details. It’s possible they may reply late due to the consulates closing, but you’ll have to be patient. We’re all in the same boat. There are a lack of answers from the DHS: embassies and USCIS.
  -Prem
Tab

1 week ago · Reply

I have a question regarding the qualification of needing to see each other in the past 2 years. My fiancé is from Nigeria and before this corona virus I was making plans to go see him but of course now there is no travel. So I wanted to know should I wait until this is over as I don’t know when it will be good to travel or is there a waiver to complete because of this? We were going to do a tourist visa so we could be together and spend time but we also want to get married so I did not think it would be good to do 2 visas? This is all new to me so I was not sure how to proceed.
- pkumar@visatutor.com Author
  
  1 week ago · Reply
  
  Hello Tab,
  Meeting in the last 2 years is a huge requirement. You should either travel to meet your partner or your partner can meet you here. Waivers are possible but rarely granted. It’s difficult to predict if the COVID-19 travel restrictions will count as a “hardship” that the USCIS will accept.
  IF you’re just starting out, you should get familiar with the process by reading my articles, watching videos, and signing up to the email list.
  -Prem
Paul Francois

1 week ago · Reply

My fiance is here in the U.S. currently so our 90 day clock has already begun. But the local government offices are closed. We must apply in person in my state.

I know that k1 visas cannot be extended but what about all of us in this situation because of the pandemic?

My plan is to go ahead and get married even if we go past the 90 days and send a note to USCIS from my local Registrar of Deeds stating the dates that my local government was shut down.

Anyone else in this situation???
- pkumar@visatutor.com Author
  
  1 week ago · Reply
  
  Paul,
  You’re accompanied by many in the same situation. The local courts are closed and marriages registrants are not available. The only available option is to get married at the next available opportunity and submit your I-485 application following. If you’re past the 90-day mark, you should still send the application as before. The USCIS should have further instructions for us following the pandemic closures.
  -Prem
Abdul

1 week ago · Reply

Hello Prem.my brother went for interview on last week Sunday in Dubai.he passed the interview he was given a white paper of congratulations.its 7 days now it still says ready.And they sent him email
Again for additional information.Why is that.
- pkumar@visatutor.com Author
  
  1 week ago · Reply
  
  Abdul,
  routinely the embassy may find something during their review which requires you to submit extra documentation following the interview. You will have to supply whatever documents they’re requesting for your Administrative processing.
  -Prem
Shamala Padayachee

2 weeks ago · Reply

Prem thank you so much for your valuable updates and all your assistance through this whole process. You are very helpfull and have a great knowledge with regard to the the K visa.

Once again thank you and please continue to keep me informed.

Regards
Shamala
- pkumar@visatutor.com Author
  
  2 weeks ago · Reply
  
  Shamala,
  Thanks. You were recently approved and I’m glad you arrived in the US before this episode began. Thanks for reading
  -Prem
Leanne Perrins

2 weeks ago · Reply

Hi, my fiancé and I have sent in the K1 visa form to the US embassy in Dallas. Will the coronavirus also affect the application forms?
Greetings
- pkumar@visatutor.com Author
  
  2 weeks ago · Reply
  
  Hey Leanne,
  that’s a good question. As of right now, the USCIS hasn’t made any announcements regarding suspension of adjudications. I believe they will continue to process petitions but they just won’t have people come in for green card interviews any time soon.
  -Prem

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Brice March 30, 2020 at 6:26 am on Quick Relationship: A K-1 visa Red FlagHi, I met my girl friend last January '20 while on a trip in Thailand,...[click to read more]
Ana March 29, 2020 at 2:20 pm on K-1 Fiance(e) Visa – Affidavit of Support (form I-134)Hello, Thanks for such an amazing/helpful sight. My fiance and I recently received approval notice...[click to read more]
Kelly March 28, 2020 at 8:28 pm on Fiance Visa: How to fill Form I-944, Dec. of Self-Sufficiency (preparation guide)Hi Prem, Thanks so much for your quick response. I'm in a dilemma then, and...[click to read more]