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 Visas sought from here in Bangkok, Thailand. For those who are unaware, and I have done other videos on this channel, Trump brought in or was trying to bring in a change to the Public Charge Rule; basically, the methodology of adjudicating the financial evidence associated with the application for a K-1 Fiancé Visa. There was a lot going on with that but long story short, the Biden Administration has come in and they have effectively just reversed all of that and so we are essentially back to the status quo ante with respect to that rule, or presumably we are. As I have noted in other channels, when you have these rule changes and then the rescission, sometimes there are some things that hang on and it remains to be seen exactly what that is going to be like. 

I have had some questions regarding this in the context of Consular processing as opposed to processing over in the United States, notably adjustment of status in the United States. This is from travel.state.gov, from August 7th 2020, Update on Public Charge. Again August 7th, 2020. Quoting directly: "On Wednesday July 29th, United States District Court for the Southern district of New York enjoined the Department of State from "enforcing, applying, implementing or treating as effective the Department's October 2019 interim final Rule and accompanying Foreign Affairs Manual guidance related to the Public Charge Ground of Visa ineligibility. The Department is complying with the Court's order and is in the process of updating its guidance to Consular Officers on how to proceed under the preliminary injunction. In the interim, Visa applications that appear to be ineligible under INA 212 (A) 4 will be refused for administrative processing to allow for consultation with the Department including legal review to ensure compliance with applicable Court Orders. Visa applicants are not requested to take any additional steps at this time and should attend their visa interviews as scheduled." This is also key: "Applicants are not required to complete no should they present the DS-5540 Public Charge questionnaire." 

So, what does this mean? Well this was back in August. There was an injunction and the Department of State just said "okay we are going to ignore the rules because the Court has told us to." We just had a recent Executive Order come down wherein the Head of Department of Homeland Security said they are not going to pursue defending the Public Charge Rule that was created under the Trump Administration. So presumably this thing has just died on the vine and Department of State was ignoring it since August anyway. So at least for practical purposes, I don't think this will have any major impact on the K-1 moving forward.