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brazilk1visa

Filing for AOS before October 14th 2019 worth it?

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Hello, I see some rules are changing on October 14th, 2019 for the I-864.

Is it worth it filing before that date? Or the new "public charge" rules will apply regardless of the filing date?

 

I have all documents ready and will get married in a couple days, now I am trying to figure out if I should rush it a little but or if it doesn't matter.

 

thanks

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If it wouldn't take an extraordinary effort to do so, I would file before then.

 

Mostly because no one knows exactly how the new public charge rule will affect things in practice yet, but also because there will be new forms to fill out so anything you put together in advance already would have to be redone.


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1 hour ago, brazilk1visa said:

Is it worth it filing before that date?

The final rule becomes effective Oct. 15, 2019. Yes, do it before. For example, the new I-944 form isn't needed if filed before the 15th.

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3 hours ago, HRQX said:

The final rule becomes effective Oct. 15, 2019. Yes, do it before. For example, the new I-944 form isn't needed if filed before the 15th.

I didn't know about this form. Is it needed if filing after Oct. 15? Where did you get that from?

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10 minutes ago, brazilk1visa said:

Is it needed if filing after Oct. 15? Where did you get that from?

https://www.federalregister.gov/documents/2019/08/14/2019-17142/inadmissibility-on-public-charge-grounds "Under this rule, applicants for adjustment of status who are subject to the public charge ground of inadmissibility must file a Declaration of Self-Sufficiency (Form I-944) with their Application to Register Permanent Residence or Adjust Status (Form I-485) to demonstrate they are not likely to become a public charge. The Form I-944 only applies to adjustment applicants and not applicants for admission at a port of entry." "This final rule is effective at 12:00 a.m. Eastern Time on October 15, 2019. DHS will apply this rule only to applications and petitions postmarked (or, if applicable, submitted electronically) on or after the effective date. Applications and petitions already pending with USCIS on the effective date of the rule (i.e., were postmarked before the effective date of the rule and were accepted by USCIS) will not be subject to the rule."

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13 minutes ago, HRQX said:

https://www.federalregister.gov/documents/2019/08/14/2019-17142/inadmissibility-on-public-charge-grounds "Under this rule, applicants for adjustment of status who are subject to the public charge ground of inadmissibility must file a Declaration of Self-Sufficiency (Form I-944) with their Application to Register Permanent Residence or Adjust Status (Form I-485) to demonstrate they are not likely to become a public charge. The Form I-944 only applies to adjustment applicants and not applicants for admission at a port of entry." "This final rule is effective at 12:00 a.m. Eastern Time on October 15, 2019. DHS will apply this rule only to applications and petitions postmarked (or, if applicable, submitted electronically) on or after the effective date. Applications and petitions already pending with USCIS on the effective date of the rule (i.e., were postmarked before the effective date of the rule and were accepted by USCIS) will not be subject to the rule."

I just took a look at this form and they ask a lot of questions about credit scores etc... seems like a lot of extra work on top of everything else.

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6 hours ago, brazilk1visa said:

I just took a look at this form and they ask a lot of questions about credit scores etc... seems like a lot of extra work on top of everything else.

File before if you can. I posted some questions on a similar thread with no replies yet.. so it seems with the amount of unknowns it's better to file now. That being said, we're also hoping (but doubtful) this will get delayed. There are some legal challenges but seems like it'll get implemented on October 15.

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2 hours ago, Usaph said:

File before if you can. I posted some questions on a similar thread with no replies yet.. so it seems with the amount of unknowns it's better to file now. That being said, we're also hoping (but doubtful) this will get delayed. There are some legal challenges but seems like it'll get implemented on October 15.

I didn't know it was being challenged legally. Is there any way to follow the developments here?

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21 minutes ago, HRQX said:

Just because there are legal challenges, doesn't mean there is a stay on implementing the rule. There are precious 10 days left as of today (Oct 4th) and I would not bet that implementation will be postponed, especially with everyone being  more concerned with impeachment etc. 

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1 hour ago, Shiran said:

Just because there are legal challenges, doesn't mean there is a stay on implementing the rule. There are precious 10 days left as of today (Oct 4th) and I would not bet that implementation will be postponed, especially with everyone being  more concerned with impeachment etc. 

Oct 14th is a holiday so post offices will be closed. I don't think you can get it postmarked on Oct 13th or 14th through USPS since offices will be closed. Perhaps Fedex or UPS would be open.

 

 

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12 hours ago, brazilk1visa said:

I didn't know about this form. Is it needed if filing after Oct. 15? Where did you get that from?

 

11 hours ago, brazilk1visa said:

I just took a look at this form and they ask a lot of questions about credit scores etc... seems like a lot of extra work on top of everything else.

 

2 hours ago, brazilk1visa said:

I didn't know it was being challenged legally. Is there any way to follow the developments here?

Looks like your three responses validated other postings saying to file your AOS with the old forms before the deadline if you are able. B-) I know that if I were in a similar situation, I would not want to be one of the first to use a new form/process.....Let the adjudicators get familiar with the the new stuff with someone else... YMMV.


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New form is available after October 14th according to USCIS site

From the following i do not read it is the application itself but governing the application of public charge meaning interpreting the rule by the CO

 

DHS Final Rule: 

On August 14, 2019, the U.S. Department of Homeland Security (DHS) published the Inadmissibility on Public Charge Grounds final rule that codifies regulations governing the application of the public charge inadmissibility ground under INA section 212(a)(4). On Oct. 2, DHS issued a corresponding correction. On Oct. 10, 2018, DHS issued a Notice of Proposed Rulemaking (NPRM), which was published in the Federal Register for a 60-day comment period. DHS received and considered over 266,000 public comments before issuing this final rule. The final rule provides summaries and responses to all significant public comments.  

The final rule enables the federal government to better carry out provisions of U.S. immigration law related to the public charge ground of inadmissibility. The final rule clarifies the factors considered when determining whether someone is likely at any time in the future to become a public charge, is inadmissible under section 212(a)(4) of the INA, and therefore, ineligible for admission or adjustment of status.   

The rule applies to applicants for admission, aliens seeking to adjust their status to that of lawful permanent residents from within the United States, and aliens within the United States who hold a nonimmigrant visa and seek to extend their stay in the same nonimmigrant classification or to change their status to a different nonimmigrant classification. 

 

https://www.uscis.gov/legal-resources/final-rule-public-charge-ground-inadmissibility

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22 minutes ago, Pitaya said:

 

 

Looks like your three responses validated other postings saying to file your AOS with the old forms before the deadline if you are able. B-) I know that if I were in a similar situation, I would not want to be one of the first to use a new form/process.....Let the adjudicators get familiar with the the new stuff with someone else... YMMV.

Exactly.

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This whole form I-944 is a quagmire, full of tricks and traps to work against an applicant IMO better to apply before the deadline if you possibly can.

 
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