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ResourcesVisa & Immigration LawUS Immigration LawIs the Public Charge Rule Not Enforced for K-1 Visas?

Is the Public Charge Rule Not Enforced for K-1 Visas?

Transcript of the above video:

As the title of this video suggests, we are discussing the Public Charge Rule in the context of the K-1 Visa. For those who are unaware, the K-1 Visa is a Fiancé Visa to the United States. It allows a foreign national to travel to the United States to reunite or with their American fiancé in order to marry and file for adjustment of status to Green Card status therein. 

I thought of making this video after reading a recent comment on our channel, quoting directly: "The USA has certain requirements as well known as the Public Charge Rule. This is really not enforced." Well I am here to tell you we deal with US Visa processing on a daily basis in both a K-1 context as well as Immigrant Spouse Visas, yeah, the Public Charge Rule is pretty heavily enforced. 

With regard to the K-1 Visa, it is a little bit more nebulous regarding the K-1 Fiancée Visa as opposed to the Immigrant Visa, most notably you are not dealing with the National Visa Center which does help so it is left a little bit more to the Embassies and Consulates to kind of deal with that issue, not so much in an ad hoc basis but everybody kind of seems to do things kind of at their own pace and a little bit at their own way. But long story short, yeah the Public Charge Rule is out there and in fact I would argue you have got to deal with the Public Charge rule in the K-1 Visa context twice. You have to deal with it once for issuance of the Visa overseas at the Consular processing stage and then once the foreign fiancée is in the United States you then need to deal with the Public Charge Rule when going through the process of what is called adjustment of status in order to gain lawful permanent residence, AKA Green Card status in the United States.

So is it not enforced? No, that's incorrect. Yeah the Public Charge Rule is very much enforced. In fact under the last Administration, they made Public Charge kind of a really nettlesome issue. The present administration it is not as bad, we haven't had major issues regarding Public Charge but it's out there and it's something you have to be aware of. So no, I would not say the Public Charge Rule is not enforced in a K-1 Visa context.