Transcript of the above video:

As the title of this video suggests, we are discussing the K-3, CR-1 and IR-1 Visas, AKA US Marriage Visas. I am thinking about this in the context of somebody who is a foreign national married to an American citizen although this same analysis could apply to a foreign national married to a Lawful Permanent Resident from the United States as well. I thought of making this video after reading a recent comment on one of our prior videos, quoting directly: "The USA has certain requirements as well known as the Public Charge Rule. This is not really enforced."

I would say that that is not the case. The Public Charge rule is enforced; we have had to deal with the public charge rule especially in the context of IR-1 and CR-1 Visas. Regarding the K-3 as we have discussed in other videos, as a practical matter K-3 Visas are not really processed with a great degree of regularity due to what is called Administrative Closure policies at the National Visa Center. It has just been our experience especially as of late, that the K-3 is just not something you see very often. What we do see quite often though is the IR-1 and the CR-1 and those visas process through the National Visa Center and believe me, public charge is a major issue when dealing with NVC and it can become a major issue in Consular processing when going through adjudication at an Embassy or Consulate abroad because they have to be sure that immigrant, that intending immigrant, is going to have some form of material support when they arrive in the United States, concern being they don't want immigrants to come into the United States the concern being they don’t want immigrants to come in to the United States. and then go on means tested benefits therein, AKA welfare; they don't want people to travel to the United States, emigrate there, only to go on state benefits, that is the real concern. 

Public Charge Rule issues are oftentimes the biggest concern on the back end of processing of Immigrant Visas especially. It is really one of the biggest issues we deal with when trying to get an Immigrant Visa processed. Frankly both the staff at the National Visa Center who I have been critical of in certain contexts especially sort of from an admin, standpoint, they make a lot of redundant requests especially in light of the fact that much of the documentation that is sometimes requested has already been submitted to the Department of Homeland Security. Leaving that aside, adjudicators at Embassies and Consulates when they make public charge inquiries, oftentimes it has been my experience that it is a pretty reasonable request. They basically say: "hey look, this person doesn't meet the income requirement, for example can we see some assets to offset that deficiency?" Usually that is pretty easily proven or at least it is proven in a straightforward manner or you can deal with a joint sponsor but I don't usually see those kind of requests for example in like a 221g, Request for Further Documentation. I don't usually see that where it is sort of issued wantonly, a Public Charge Rule request is sort of noted just out of nowhere. They have usually got a pretty good leg to stand on for requesting information associated with the Public Charge Rule. But make no mistake, in an Immigrant Spouse Visas context, yes the Public Charge Rule is very much enforced.