March 9, 2020

Will K-1 Visa Applicants Be Required to Provide a DS-5540 Public Charge Questionnaire?

The new public charge rule requires immigrant and non-immigrant visa applicants to provide a detailed DS-5540 public charge questionnaire in order to determine whether they are likely to become a public charge at any time in the future. While a K-1 visa is officially a non-immigrant visa allowing for single entry and requiring applicants to file for adjustment of status once inside the United States, a K-1 visa is a hybrid between a non-immigrant and an immigrant visa.

While K-1 visa applicants do not submit a Form I-864 Affidavit of Support, and a Form I-134 is only required if the interviewing consular officer deems it useful, the new public charge rule allows consular officers to request a K-1 visa applicant to complete a DS-5540 to assist in evaluating the likelihood that the applicant will become a public charge.

9 FAM 302.8-2(B)(4) (U) Applying INA 212(a)(4) to Nonimmigrants

d. (U) Alien Seeking Admission as K Nonimmigrants: K nonimmigrants and their petitioners are not permitted to complete form I-864. You may request a K applicant complete Form DS-5540 to assist in evaluating the likelihood of becoming a public charge. Note that K applicants will again be assessed under the public charge ineligibility by USCIS at the time of adjustment of status where the K nonimmigrant seeking adjustment of status will be required to submit a Form I-864.

While the request for a Form DS-5540 is discretionary, because the new rule provides consular officers with broader powers to request additional financial documentation from an K-1 visa applicant, K-1 visa applicants should be prepared to submit the form as part of their K-1 visa consular processing.

For more information on DS-5540 Public Charge Questionnaire, contact and schedule a consultation session with a U.S. immigration attorney in Ho Chi Minh City, Manila and Taipei.

ENTERLINE & PARTNERS CONSULTING

Ho Chi Minh City, Vietnam Office
Ad: 3F, IBC building, 1A Cong Truong Me Linh Str., District 1, HCMC, Vietnam
Tel: +84 933 301 488
Email: info@enterlinepartners.com
Facebook: Enterline and Partners-Đầu Tư Định Cư tại Mỹ
Website: http://enterlinepartners.com

Manila, Philippines Office
Ad: Unit 2507 Cityland 10 Tower 1, 156 H.V. Dela Costa Street, Makati City, Philippines 1209
Tel: +632 5310 1491
Email: info@enterlinepartners.com
Facebook: Enterline and Partners Philippines
Website: https://enterlinepartners.com/language/en/welcome/

Categories: DS-5540, DS-5540 Public Charge Questionnaire, Form I-864, Ho Chi Minh City, I-864, Immigrant Visa, Interview, K-1 visa, Manila, Non-immigrant Visa, Public Charge, Taipei, U.S. Consulate Ho Chi Minh City, U.S. Embassy & Consulate, U.S. Visa, U.S. Visa Applicant, U.S. Visa Process, Visa

A Complete Guide to the U.S. Investment Visa Process

Understanding Form I-864A: Contract Between Household Member and Sponsor

Are K-1 Fiancé(e) Visas Affected by Trump’s 2025 Immigration Policies?

Infrastructure Project, Rural Area, And Targeted Employment Area In The RIA

our services

contact us today for more information

Latest News

Affiliated Job-Creating Entity From The RIA

The term “affiliated job-creating entity” is an important term of the EB-5 Reform and Integrity Act of 2022 (“RIA”). Under the EB-5 Immigrant Investor Program, foreign investors who participate make an investment in a new business that employs U.S. workers and can obtain lawful permanent residence in the United States. A company that is owned, run, or controlled by individuals associated with the new business endeavor or the EB-5 Regional Center is considered an “affiliated job-creating entity” in this context. According to this, a company falls under this category if it has ties to the people who control the business or Regional Center. These associated entities play a critical role in achieving the job creation objectives of the EB-5 program. These entities are not isolated in their activities; rather, they are closely linked to new business ventures and regional hubs that manage the flow of capital and ensure the development

A Complete Guide to the U.S. Investment Visa Process

For individuals looking to build a future in the United States, investment immigration is a viable option for some. Through a U.S. investment visa, foreign nationals can pursue lawful permanent residence (“Green Card”) by investing capital into U.S. businesses that creates jobs and contributes to the growth of the American economy. It is an attractive option for entrepreneurs, business owners, and individuals with the resources to contribute capital, while also opening the door for their spouse and unmarried children under 21 to join them in the United States. At Enterline and Partners, we understand that investment immigration is an important financial and personal decision. That is why our team works closely with clients to assess eligibility, prepare strong applications, and handle the often complex requirements of U.S. investor immigration law. With decades of experience behind us, we help investors and their families take confident steps toward permanent residency and new

Understanding Form I-864A: Contract Between Household Member and Sponsor

For many family-based immigrants applying for a Green Card, a key step in the process is the submission of Form I-864, Affidavit of Support (“I-864”). This is a legally binding contract in which the sponsoring family member (“Sponsor”) agrees to financially support the intending immigrant (“Beneficiary”). However, in some cases, the “Sponsor” alone may not have sufficient income or assets to meet the required financial support threshold. That is where Form I-864A, Contract Between Sponsor and Household Member (“Form I-864A”) comes into play. A Form I-864A, is used when a household member—such as a spouse, adult child, parent, or other relative residing at the same address—agrees to combine their income with the Sponsors to meet the minimum financial requirement. The household member must be willing to commit to support the Beneficiary alongside the Sponsor by signing the Form I-864A. It is important to understand the difference between the I-864 and

Will K-1 Visa Applicants Be Required to Provide a DS-5540 Public Charge Questionnaire?

CATEGORY

contact us today for more information

Latest News