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ResourcesVisa & Immigration LawUS Immigration LawK-1 Visa Thailand: New Public Charge Rule

K-1 Visa Thailand: New Public Charge Rule

Transcript of the above video:

As the title of this video suggests, we are discussing new Public Charge Rule which has been on the lips of many who are involved in the Immigration process.

We are specifically discussing this matter in the context of Americans who are seeking to bring their Thai fiancée from Thailand to the United States in a K-1 Visa status. So those who are looking for general information regarding new Public Charge Rule we have already made other videos on this channel on that topic; we urge you to go check those out. With respect to this video, this is going to be kind of Thai centric for those were processing K-1 visas through the US Embassy here in Bangkok.

For those who are unaware, new rules have come about which are cumbersome, I will put it that way and they are causing a great deal of consternation for many. Now the thing to understand with respect to K-1 visas is the brunt of this is probably not really going to hit until dealing with the adjustment of status process in the United States to get the Thai fiancée regularized in the USA; so getting married and then seeking a Green Card after arrival in K-1 status. There are implications to the Public Charge Rule over here especially with respect to the thresholds associated with income and assets necessary to prove an ability to support a foreign fiancée but the brunt of this is probably not going to really be felt until the adjustment of status process. That being stated, it is still an issue that has to be dealt with and has to be dealt with in a straightforward manner and effectively in order to see the ultimate K-1 Visa issued. It is also going to have to be dealt with in much more detailed manner inside the United States when dealing with the adjustment process.

It is probably a good idea to seek legal professional assistance with respect to this as certain forms especially for example the I-944 which is the I believe they call it the Statement of Self-sufficiency or Affidavit of Self-sufficiency; I don't have it with me at this particular moment. We made a video specifically on the I-944 already but that pertains specifically to the adjustment process in the United States and those who are going to be dealing with that, it is a long form. There is a lot of work to be done with it. It is a lot and dealing with adjustment in K-1 cases I think is going to be much less of a pro-forma process, I think it is going to be much less of a formality than perhaps it was considered in the past. I never really considered it a formality myself but in many ways the person had already been adjudicated to come to the US so dealing with the finality or the back-end of getting their residence dealt with, yeah there was a sort of a feeling of inevitability with respect to those kinds of cases. 

That being said now we are dealing with a different Public Charge Rule and as a result we are dealing with various aspects of the changes in that Public Charge Rule and this will have an impact on adjustment of status to Green Card status for those Thai fiancées arriving in the US with a K-1 Fiancée Visa.