Will my wife be required to fill form I-944 after the Final Public Charge Rule takes effect?

[AdamVanD 0]

Hello everyone,

We just have a question regarding AOS and the Final Public Charge ruling and hopefully somebody can shed light to this.

We're in the US and I'm the USC.

I have a pending I-130 petition that I sent out back in April 25 2019.

We've recently sent out my wife's AOS packet to the Chicago lockbox.

Sent via USPS - Aug 31 2019

Received by USCIS - Sept 4 2019

As of today we've received nothing yet from USCIS.
Will my wife be required to fill form I-944 after the Final Public Charge Rule takes effect on Oct 15 2019 if she has an RFE?

We've made sure to send correctly the necessary documents. 

So hopefully there'd be no RFE.

What do you think?

 

[Just Paul 4,595]

Since you sent it in BEFORE the effective date you are not going to be required to file an I-944.

 

EDIT:  You are sending in the AOS because you processed stateside from another VISA.  Normally this is not a question for a spousal Visa type.

Edited September 10, 2019 by Paul & Mary

[geowrian 22,337]

* Moved from IR-1/CR-1 P&P forum to AOS From Work, Student, and Tourist Visas. OP is pursuing AOS, not a visa. *

[AdamVanD 0]

2 minutes ago, Paul & Mary said:

Since you sent it in BEFORE the effective date you are not going to be required to file an I-944.

Thank you so much for the prompt reply.

It's reassuring to know that.

But what do you think of a denial? (Hopefully not!)
I'm thinking THEN the form I-944 would be required if we're to reapply again and it's past Oct 15 2019.
Is the beneficiary (her) the one to fill it up or the petitioner (me)?

 

 

[Just Paul 4,595]

Just now, AdamVanD said:

Thank you so much for the prompt reply.

It's reassuring to know that.

But what do you think of a denial? (Hopefully not!)
I'm thinking THEN the form I-944 would be required if we're to reapply again and it's past Oct 15 2019.
Is the beneficiary (her) the one to fill it up or the petitioner (me)?

 

 

It depends.  You SHOULD have sent the AOS packet in with the I-130.  If they don't put the pieces together you may find yourself getting a refusal or RFE and starting all over again, by the current rules.   Time will tell.

[Just Paul 4,595]

6 minutes ago, AdamVanD said:

Is the beneficiary (her) the one to fill it up or the petitioner (me)?

The benificary:

 

https://www.soundimmigration.com/wp-content/uploads/2019/08/Instructions-I-944.pdf

[AdamVanD 0]

1 minute ago, Paul & Mary said:

The benificary:

 

https://www.soundimmigration.com/wp-content/uploads/2019/08/Instructions-I-944.pdf

Again thank you for the information.

[shoji 32]

Only mails or applications that are postmarked past October 15, 2019 will require I-944. If you sent your packet before that, no need to worry. 

[NikLR 13,227]

On 9/10/2019 at 1:29 PM, Paul & Mary said:

It depends.  You SHOULD have sent the AOS packet in with the I-130.  If they don't put the pieces together you may find yourself getting a refusal or RFE and starting all over again, by the current rules.   Time will tell.

The AOS doesnt have to go with the I-130.  It's possible that plans changed which is why the AOS went afterward.  I won't speculate beyond that.  But the USCIS should be able to match them up. 

[Laura Aisha 1]

Hello Everyone,

I am new here and I see that we are all feeling nervous about this  I-944 form 😤.  My now husband came here on Feb 3rd on a K-1 visa,  we got married March 3rd and are now ready to submit the AOS forms, but I am  stressing about the credit reports and score for him since he does not even have a SSI yet. Also this question about showing English proficiency, I mean he speaks 6 languages, but never went to school to study them, he just learn them on his own. I really hope USCIS rethinks about having K-1 visa applicants submit this form during the AOS process, nothing in this form applies to him/us. Well just wanted to share a little about how I am feeling. Good luck to all of us the will be dealing with this in the next coming months. 

[geowrian 22,337]

49 minutes ago, Laura Aisha said:

I really hope USCIS rethinks about having K-1 visa applicants submit this form during the AOS process, nothing in this form applies to him/us.

Unlikely for a couple reasons...

1) The questions do apply to some people that most recently entered on a K-1. Previous tourists, students (regular and exchange), workers, etc., along with other cases (i.e. people who may have worked illegally in the past still need to file taxes).

2) Sometimes people overstay a K-1 and don't file for years. They may have a credit score + report, tax returns, etc.

3) IIRC, the form is used for almost any AOS, COS, or EOS applicant, even somebody doing an extension of status (EOS) on a tourist visa.