refiling i-485, now with new i-944

[Ally&Axel 43]

2 minutes ago, susanav25 said:

Thank you so much for taking the time to respond!! You have been really helpful. 

 

So the only thing I think we missed is the W-2's, but I thought submitting the 1040's and the IRS transcripts. Additionally, we are only summiting my husband's (petitioner) tax returns since I do not file taxes. 

That is no problem, I'm surprised you saw the package returned to you with the amount of information you provided.. I read on another forum too that some people got they whole thing returned like this but the whole I-944 packet was missing... 

[Adlitam1 18]

11 hours ago, susanav25 said:

It says:

 

The application/petition has not been fully completed. Based on the selection made under Part 2 Application Type or Filling Category, the Form I-944, and/or Form I-864/I-864EZ are required . Please review the form instructions for information. 

 

So, I don't understand because I submitted both the I-944 and the I-864. So I don't understand if there was something we didn't filled the forms right.

I got the same rejection notice as you did, but I did not send in the I-944 form. That notice is so confusing 😕 

[Regdkp 45]

22 hours ago, susanav25 said:

Hello! Can you please let us know which forms did you summited? 

 

I send all the correct forms but my paperwork got back. I summited: I-485, I-130, I-130A, I-864, I-944, and report of medical examination

We did I-130, I-130A, I-485, I-864, I-765, I-944. I followed different videos on YouTube while filling out the forms. That way, certain confusing sections were covered. Make sure you address what is mentioned in your rejection letters and correct them in your new filing.

[TreverR 21]

On 4/27/2020 at 9:28 PM, Rambava said:

Did you sent the new packet today? If yes I guess we both are on the same exact timeline. 

Yes I did and last night we got the text messages saying the had received the forms and the payment was taken out of my bank account today.  So looks like we are in the door.  Now just wait and see what happens. 

[Scotriel 2]

Quick questions y'all

 

- For people who are not from an english speaking country: did you file translated bank statements and proofs of education? 

 

- Also is it vital to file i-130 ASAP if your i-94 expires so you can get proof of pending AOS? 
I was hoping to file i-130 and i-485 together but with everything that has to be attached to the latter, it could take weeks/months and I don't wanna stay completely out of status for that long.

[Just Paul 4,591]

9 minutes ago, Scotriel said:

- Also is it vital to file i-130 ASAP if your i-94 expires so you can get proof of pending AOS? 

If you are a K1 - Only if  you didn't marry in the first 90 days.

 

 

Edited May 10, 2020 by Paul & Mary

[Scotriel 2]

6 minutes ago, Paul & Mary said:

If you are a K1 - Only if  you didn't marry in the first 90 days.

 

 

Thank you for your reply! Nope, my husband came with an ESTA, the i-94 expires on wednesday, we're getting married soon but after the 90 days because we read everywhere it's better not to do so before even if as a matter of fact, he'll be out of status. We're thinking of filing i-130 asap so we can at least justify his presence here because i-485 is going to be a lot of work!

[sjfoley1 11]

22 minutes ago, Scotriel said:

Quick questions y'all

 

- For people who are not from an english speaking country: did you file translated bank statements and proofs of education? 

 

- Also is it vital to file i-130 ASAP if your i-94 expires so you can get proof of pending AOS? 
I was hoping to file i-130 and i-485 together but with everything that has to be attached to the latter, it could take weeks/months and I don't wanna stay completely out of status for that long.

So the I-130 is what the USC or LPR completes to petition you and basically shows “hey I want to bring this person to the US and here’s how we are related”. It does not grant the immigrant authorized stay. The I-485 is your actual petition/application that lets uscis know you are seeking a green card, and this grants you authorized stay once uscis accepts it. Until that happens the immigrant will be out of status. Once you are married and send in all the forms and it’s accepted, uscis often “forgives” the duration of overstay especially if you can explain it (it also helps that he will be your spouse).

[Scotriel 2]

3 minutes ago, sjfoley1 said:

So the I-130 is what the USC or LPR completes to petition you and basically shows “hey I want to bring this person to the US and here’s how we are related”. It does not grant the immigrant authorized stay. The I-485 is your actual petition/application that lets uscis know you are seeking a green card, and this grants you authorized stay once uscis accepts it. Until that happens the immigrant will be out of status. Once you are married and send in all the forms and it’s accepted, uscis often “forgives” the duration of overstay especially if you can explain it (it also helps that he will be your spouse).

Gotcha! thank you! Do you think it's better to wait and file everything together then? He was thinking it might be better to have a wedding certificate + the i-130 NOA to show a police officer if that situation ever presents itself as a proof of good faith regarding this long process.
But I get that he'd be out of status anyway. The possibility of detention/deportation freaks him a little and I understand.

[Just Paul 4,591]

18 minutes ago, Scotriel said:

He was thinking it might be better to have a wedding certificate + the i-130 NOA to show a police officer if that situation ever presents itself as a proof of good faith regarding this long process.

You need to file it all together.  The I-130 NOA does not give him any proof of status in the US.   The I-485 does allow him to stay while processing AOS.

 

Please fill in you timeline so we can help you better.

[INF 96]

On 4/28/2020 at 9:53 PM, Ally&Axel said:

Hi Susanav, Can you provide a list of what additional documents you provided for each of those forms?

 

Here is a list of what we're providing for I-944 and I- 864.

1. Form I-944

1.     2 Passport style Photographs (Name at the back)

2.     Cover Letter

3.     G-1145 Form – E-notification of Application Acceptance

4.     Form I-944: Declaration of Self-Sufficiency

5.     Copy of Marriage Certificate

6.     Copy of the Beneficiary W-2’s for the most recent year

7.     Copy of the Beneficiary Form 1040 for the most recent year

8.     Copy of the Beneficiary IRS transcript for the most recent year

9.     Copy of the Petitioner W-2’s for the most recent year

10.  Copy of the Petitioner Form 1040 for the most recent year

11.  Copy of the Petitioner IRS transcript for the most recent year

12.  Copy of the Beneficiary Checking and Savings Record with translation

13.  Copy of the Petitioner Checking and Savings Record

14.  Copy of Beneficiary Education Related Loans with translation

15.  Copy of the Beneficiary U.S. Credit Report

16.  Copy of the Beneficiary U.S. Credit Score

17.  Copy of the Beneficiary Health Insurance and Coverage

18.  Copy of the Beneficiary Form 1095B

19.  Copy of the Beneficiary Graduate Degree Unofficial Transcript

20.  Copy of the Beneficiary Graduate School Enrollment

21.  Copy of the Beneficiary Undergraduate Degree Official Transcript and Diploma

22.  Copy of the Beneficiary Associate Degree Official Transcript, Diploma, WES Evaluation and Translation

23.  Copy of Beneficiary High School Diploma and translation

24.  Copy of Proof of English Proficiency – Current Form I-20 and TOEFL score

 

 

2.     Form I-864

1.     Cover Letter

2.     G-1145 Form – E-notification of Application Acceptance

3.     Form I-864: Affidavit of Support

4.     Copy of last 3 years W-2’s

5.     Copy of last 3 years Form 1040

6.     Copy of Certificate of Employment

7.     Copy of Pay Stubs from past 6 months/screenshots of direct deposit into bank

8.     Bank Statement of Checking and Saving Accounts

9.     Copy of Passport Biographic page

10.  Copy of Birth Certificate

 

Y'all feel free to let us know what we're missing. We're getting ready to send our file this week.

 

Best to you guys!

Why did you guys not use I-864 EZ? I am using it and getting nervous how few people use it. 

[irishoxford 38]

1 minute ago, INF said:

Why did you guys not use I-864 EZ? I am using it and getting nervous how few people use it. 

My wife could have used the I-864EZ on my/our behalf, but didn't, mostly because the guides out there just tend to advise the I-864 (probably because it would cover everyone).  You should be fine if you're within the scope of the instructions:

"You may use Form I-864EZ if ALL the following conditions apply:
1. You are the person who filed or is filing Form I-130, Petition for Alien Relative, for a relative being sponsored;
2. The relative you are sponsoring is the only person listed on Form I-130; and
3. The income you are using to qualify is based entirely on your salary or pension and is shown on one or more Internal
Revenue Service (IRS) Form W-2s provided by your employers or former employers."

[INF 96]

1 minute ago, irishoxford said:

My wife could have used the I-864EZ on my/our behalf, but didn't, mostly because the guides out there just tend to advise the I-864 (probably because it would cover everyone).  You should be fine if you're within the scope of the instructions:

"You may use Form I-864EZ if ALL the following conditions apply:
1. You are the person who filed or is filing Form I-130, Petition for Alien Relative, for a relative being sponsored;
2. The relative you are sponsoring is the only person listed on Form I-130; and
3. The income you are using to qualify is based entirely on your salary or pension and is shown on one or more Internal
Revenue Service (IRS) Form W-2s provided by your employers or former employers."

Fair enough, we would qualify for all those three.

[irishoxford 38]

10 minutes ago, INF said:

Fair enough, we would qualify for all those three.

If it makes you feel any better, I have seen a few people use the I-864EZ.  It clearly exists for a reason, and you're taking advantage of its existence!

[SaraOhio 2]

On 3/8/2020 at 1:48 AM, Sanella&Dylan said:

I am also lost with this I-944 form because it asks for household income, assets and resources but then talkes about your liabilities and debts. Which for me as the applicant I do not have any of these. I found this website that says the following; The declaration of self-sufficiency is somewhat similar to Form I-864 (“Affidavit of Support”), which is completed by a green card applicant’s sponsoring relative and used to show that the sponsor has the means to support the applicant. Unlike Form I-864, however, the new I-944 form provides a snapshot of the applicant’s own financial situation, not that of their sponsor.

https://www.boundless.com/immigration-resources/form-i-944-public-charge-test/

 

So I kinda think its about your husbands debts and liabilities. Perhaps im wrong as well since I find this all very confusing.. For me, I do not have a SSN yet so I cannot get a credit report or anything, the only thing I can do is show them I paid my bills on time in my home country.. 

 

Hope you get answers on here!

It is definitely the husband debts and liabilities, I do not think you should include yours as it say "your debts, liabilities and bankruptcies". I am also completing the I-944 and as some, I came here with an F1 visa so student with no income. For the SSN, it is really easy, go to https://www.transunion.com/article/3-free-credit-reports and send them by mail, not online (I did not have a SSN when searching my credit score, even though I did not have one). Send them a form through mail and you will receive statements that says "unable to locate your credit score" "no credit score available" and this is what you need for I-944. The advantage of going through Transunion is that you will get report from all 3 companies. This is free ! Hopefully it helps, good luck, we're all in the same boat lol 

Edited May 19, 2020 by SaraOhio