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K-1 Visas, Public Charge, and Adjustment of Status

Transcript of the above video:

As the title of this video suggests, we are discussing the Public Charge rule, the K-1 Visa and Adjustment of Status. For those who are unaware, public charge is a rule of inadmissibility, it is a finding of inadmissibility that basically someone is likely to be or is a public charge in the United States and therefore should not be admitted or should not be granted some benefit. In this case, we are discussing it in the context for example of adjustment of status from a K-1 Fiancé Visa over to Permanent Residence, being a “Green Card holder”.

There is an analysis associated with the financial ability of the American fiancé to support their foreign fiancé. There is also something of an analysis regarding the foreign fiancé themselves albeit kind of a truncated one but the main issue is whether or not someone might or is or will be a public charge upon the United States and that could be grounds for inadmissibility, for denial of getting a Visa.

So it has been my experience over a long time, over 15 years of dealing with K-1s that the K-1 is not so scrutinized on public charge issues necessarily abroad although they do some analysis on that but when you are coming to deal with the adjustment of status proceeding into Green Card status, I have seen a ton of requests for evidence in recent months associated with public charge concerns in the context of somebody moving from a K-1 Visa to a Green Card. and you are going to have to deal with that and that can be a complex thing to do. So under certain circumstances, it may not be a terrible idea to contact a legal professional, gain some insight and guidance into how best to proceed.