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Stats: 2,319,718 members, 5,115,811 topics. Date: Sunday, 25 August 2019 at 07:12 PM
|Re: USA Fiancee (K1) Visa Thread by Glorioussugar: 8:12pm On Aug 12|
Hello. Sup? Have you been able to contact them?
|Re: USA Fiancee (K1) Visa Thread by mekusa10: 9:23pm On Aug 12|
I dey. As at Thursday last week they said they haven't even received it. Will make another call this Wednesday. Have they at least received yours?
|Re: USA Fiancee (K1) Visa Thread by Drenimarcus(m): 2:55am On Aug 13|
Hey guys, have you read regarding the “public charge” rule that was amended today that starts in 60 days? https://www.boundless.com/blog/public-charge-rule-explained/ https://www.visajourney.com/forums/topic/715471-final-public-charge-rulemerged/.
They are About to raise the bar from 125% to 250%, applicants and petitioner both disclose all including credit scores and assets. Legitbachelor what do you think?
|Re: USA Fiancee (K1) Visa Thread by Drenimarcus(m): 3:00am On Aug 13|
|Re: USA Fiancee (K1) Visa Thread by 123JohnF(m): 4:01am On Aug 13|
Drenimarcus:It will be not easy, specially for divorced people. If the marriage is real, the US citizen protects your stay, not easy to deport the US citizen spouse which came legally.
Bringing other family members, kids, parents, siblings will be much more expensive
|Re: USA Fiancee (K1) Visa Thread by Drenimarcus(m): 5:53am On Aug 13|
Yeah! Brace up guys, things about to change tho it’s not permanently signed yet. We wait and see what happens after 60 days
|Re: USA Fiancee (K1) Visa Thread by Glorioussugar: 9:49am On Aug 13|
Oh dear. I pray I have my interview before then.
|Re: USA Fiancee (K1) Visa Thread by iwanvisityankee: 10:53am On Aug 13|
iwanvisityankee:nobody want to answer my question
|Re: USA Fiancee (K1) Visa Thread by sleekymag(m): 12:13pm On Aug 13|
Well, does it really start in 60 days? Here's the conclusion from the first article link you posted:-
What happens next?
It’s very important to understand that, despite the headlines you may read, the DHS public charge rule has not gone into effect. The traditional status-quo policy will remain in effect until DHS issues a final version of the new public charge rule and the “effective date” occurs.
This is the procedure that federal agencies like DHS must follow when issuing a new regulation:
(1) Proposed rule: DHS publishes a “proposed” or “draft” rule in the Federal Register (officially known as a “Notice of Proposed Rulemaking”). This document sets forth the specific changes that DHS wants to make to the Code of Federal Regulations, along with a lengthy legal and economic justification. Read the proposed rule here.
this will be published tomorrow August 14, 2019.
(2) Public comment period: For the next 60 days, the proposed rule is open for public comments. This means that anyone is allowed to send DHS their own feedback about the public charge rule, including arguments for keeping the status quo or modifying the regulatory text.
the 60 days will be over by October 15, 2019
(3) Internal deliberations: For the next several months, DHS reads through all of the public comments, prepares a response to each substantive concern, and possibly makes changes to its regulatory plan and economic impact analysis. This process typically takes a long time — six months would be very fast in federal agency terms, and well over a year is not uncommon.
This typically means the internal deliberations may be concluded from April 2020 (6 months) or up to a year October 2020
(4) Final rule: DHS publishes a “final” rule in the Federal Register. This document sets forth the final changes that DHS will make to the Code of Federal Regulations. DHS may decide to change course from its initial proposed rule, or to adopt the exact same language as before. Either way, DHS must provide a detailed justification for why it chose to either follow or ignore the public comments it received. Read the final rule here. The final rule will have an “Effective Date,” occurring 60 days later, at which point the rule becomes law — assuming that it is not blocked by a judge in a federal lawsuit.
This final rule will still take 60 days before taking effect, which means the earliest time could be mid/end of June 2020
What does this mean for me?
Even if the new rule is finally enacted, expanding the number of government benefits that trigger a denial on public-charge grounds, it won’t penalize applicants for their use of such benefits prior to the Effective Date of the rule.
It’s unclear, however, whether immigration officers might start applying some of the tighter standards for denying applications right away, beginning with the new rule’s Effective Date.
Here’s the bottom line: If you are contemplating a green card application or a naturalization application, you’re almost certainly better off if you get it filed right away, as far in advance of these new changes as possible.
|Re: USA Fiancee (K1) Visa Thread by LegitBachelor: 3:18pm On Aug 13|
Drenimarcus:I don't think the bar was raised from 125% to 250%. I think its still 125%. However the changes I noticed are:
1. Household Size definition.
2. Beneficiary is now also a reference point in the calculation to determine public charge
3. Other factors such as age, health, income, qualifications, etc also counts and a wholistic approach will be used.
4. The Public Charge Bond of over $8000.
I noticed that household size is now defined as the number of people living the same house as the beneficiary and petitioner. Also included are dependents of both beneficiary and petitioner regardless of whether he or she lives in the same house. Also included in the size is the co-sponsor. For instance if the petitioner is a divorcee and has 2 kids from the former marriage and has parents he take care of. If the petitioner also has a cosponsor and the beneficiary has a kid who will be immigrating with her. The household size will be 9 (beneficiary, beneficiary's kid, petitioner, petitioner's former wife, petitioner' s two kids, petitioner's mum and dad, cosponsor). Note that all these people are counted regardless of whether they are physically staying in the house or not. Imagine if the petitioner is staying in a family house where there are four siblings. Thats 9 + 4!
I also noticed the amount the co-sponsor makes is only used if and only if the sponsor makes up to 50% of the 125% poverty line.
So if the fiancee is financially independent, resides by herself and has no kids and the beneficiary has no kids as well and intends moving in with her, the household size is just two (2). This number however becomes more complex if the fiancee and/or the beneficiary are divorcee and have kids and/or are still living with their parents and not financially independent.
I must however state that this wholistic determination of public charge based on income as well as other factors such as age, health, qualifications, could be tricky. One might be declared a public charge even if he meets the 125% requirement because of his age or his health. But the good thing is that there's the option of Public Charge Bond.
|Re: USA Fiancee (K1) Visa Thread by LegitBachelor: 3:50pm On Aug 13|
iwanvisityankee:I think you can but it might mean you'll have some delays.
After getting your NOA2, you'll need to contact NVC and inform them of the need to change embassy the moment you think they've received your casefile from USCIS. You'll need to provide them with reasons and with supporting documents (such as copy of Nigerian Passport which confirms citizenship or Residency Permit which confirms Residency). If they don't respond on time and couldn't effect the change for you then you'll have to contact the two embassies involved and request the switch from one embassy to the other. Most of the time, its the US Embassy in Nigeria that will determine if the switch is possible or not since they are ones you want to take up the case.
|Re: USA Fiancee (K1) Visa Thread by LegitBachelor: 4:14pm On Aug 13|
@sleekymag, I think the proposed rule was already published last year October 10 and they got 266,000 public comments. Heres the link: https://www.uscis.gov/legal-resources/final-rule-public-charge-ground-inadmissibility
I think the auhor of that piece you quoted got it wrong. So I think this October 15 date is the start off date unless the Courts says otherwise. I learnt a group has taken this new rule to court. Lets see how this pans out. But I think this rule has come to stay.
The only reason I might want to believe this rule might be quashed in the future either by the courts or by a democrat controlled Congress or by a newly elected democrat executive is because of the fate of legal residents seeking naturalization. According to this new rule, a legal resident might have problems becoming a citizen if he is deemed to be a public charge or a potential. And this is not good. Imagine someone who has resided in the States for over 5 years and yet cannot naturalize to become a citizen because at some point he benefited from govt food stamps or housing projects. I feel that he should not be denied cotizemship. This is because he had contributed to the economy in the past before having those financial challenges. I feel they can enforce this public charge rule for visa application (i129F) and AOS (i485) but they shouldn't do it for those seeking naturalization (N400). My opinion.
|Re: USA Fiancee (K1) Visa Thread by Glorioussugar: 4:49pm On Aug 13|
He called and they said it’s not in their system yet
|Re: USA Fiancee (K1) Visa Thread by select500: 5:04pm On Aug 13|
I just sent you an email.
|Re: USA Fiancee (K1) Visa Thread by LegitBachelor: 5:41pm On Aug 13|
|Re: USA Fiancee (K1) Visa Thread by select500: 7:32pm On Aug 13|
|Re: USA Fiancee (K1) Visa Thread by 123JohnF(m): 7:33pm On Aug 13|
Nice thread I must say, congrats to those who have gotten their visas & have moved to US, and to those on the waiting list, I wish you all best
My question is, can I have my interview done in Nigeria, but currently I'm not residing in Nigeria.
iwanvisityankee:It depends. If you reside LEGALLY in another country and you applied from there, you have the interview in that country. You may ask in your application to have the Interview in Nigeria, it may be approved or not.
If you are in another country on tourist visa and don't have a LEGAL Residence, you must apply in Nigeria and have the interview in Nigeria.
|Re: USA Fiancee (K1) Visa Thread by saintrise: 7:39pm On Aug 13|
My K1 visa was approved on the 3rd of July,though I collapsed during the interview process from exhaustion and low blood sugar issues because I was on a 3 days mid year fast and had not slept for up to 5hours in 2days.God showed me mercy and it went well. My fiancee and I will get married come 24th in Texas. The wedding is a big one,we have spent over $18k preparing for it since November 2018.Expecting friends and family from Europe and Australia and Africa.
I flew into DFW through Frankfurt from Abuja on the 9th and 10th. POE was smooth,normal secondary processing and agric section checks. Had to fly to Lagos twice,one for the interview and the visa collection.
My candid advise to us all intending to apply is to ensure that your intentions are genuine because God won't bless a lie except you are trusting in something else to pull you through.
My appreciation goes to God and those who make this forum lively eg. @legitbachelor and others.
Mine was a miracle because I tot by collapsing during the interview I would be put on enquiry and further drilled and denied.Infact I was wheeled out of the embassy with the option of an ambulance but I declined and choose to speak with my doctor instead.
My visa pickup letter was given to me by the head of the Consulate himself,he cracked jokes with me while I laid on the floor receiving attention from the nurses and doctors.It was a miracle cos many where denied that day.
Be careful not to lie because they do background checks.They sent someone to check my address to see if it was real.
Also it is important to know that the embassy people read through forums too so if you have something sinister to write pls swallow it.
If you stay around the Dallas Fort Worth area and would be free to attend my wedding do hit me up and get an RSVP ASAP.
Thanks and To God be the Glory.
|Re: USA Fiancee (K1) Visa Thread by Drenimarcus(m): 8:02pm On Aug 13|
We just have to wait and see what happens after October 15.
|Re: USA Fiancee (K1) Visa Thread by Drenimarcus(m): 8:04pm On Aug 13|
Congratulations! That embassy stress no be here at all. If party rice and amala worh gbegiri go deh, I go book flight come Texas. Congrats once again
|Re: USA Fiancee (K1) Visa Thread by saintrise: 8:31pm On Aug 13|
@Drenimarcus. Every Every dey oh. The gbedu is serious. Embassy stress is multifaceted. E dey enter inside blood and bone.
|Re: USA Fiancee (K1) Visa Thread by Glorioussugar: 8:47pm On Aug 13|
Congrats Sir. Please can you tell us your interview questions? And do you know why they denied a lot of people like you mentioned?
|Re: USA Fiancee (K1) Visa Thread by Drenimarcus(m): 8:58pm On Aug 13|
I swear my right leg is still feeling the stress. Oya I deh come, maa go check my schedule. Congrats bro!
|Re: USA Fiancee (K1) Visa Thread by select500: 9:11pm On Aug 13|
Congrats on that!
I just sent you an email invite via Nairaland.
|Re: USA Fiancee (K1) Visa Thread by ifunanyamaka: 10:55pm On Aug 13|
saintrise:Please check your email
|Re: USA Fiancee (K1) Visa Thread by Drenimarcus(m): 11:11pm On Aug 13|
Hi, I received no email yet. Can you double check? Or you meant oya saint?
|Re: USA Fiancee (K1) Visa Thread by sleekymag(m): 5:33am On Aug 14|
You're right. Thanks for the link. This is serious.
|Re: USA Fiancee (K1) Visa Thread by mekusa10: 2:41pm On Aug 14|
Glorioussugar:Call the NVC oh. I got my case number.
|Re: USA Fiancee (K1) Visa Thread by Glorioussugar: 3:24pm On Aug 14|
Oh great. Please what number did you call them with? And did they request for anything?
|Re: USA Fiancee (K1) Visa Thread by mekusa10: 4:26pm On Aug 14|
Glorioussugar:Full name, date of birth and email of petitioner. Call: 1-603-334-0700.
You know what's funny, last week I called the officer said they haven't received the file but today the officer said the file has been there since NOA2 date So try to talk to at least 2 officers.
|Re: USA Fiancee (K1) Visa Thread by Glorioussugar: 9:00pm On Aug 14|
Wow. My Fiancé called yesterday and they said it hasn’t gotten to them yet
|Re: USA Fiancee (K1) Visa Thread by Glorioussugar: 11:22pm On Aug 14|
So you can fill the form and do you police report now?
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