Submitted the I-130 and I485 without I944.

[Rambava 73]

All,

 

My first post on this forum. I just started my journey in the AOS world. Got married last year and just submitted all the documents last week. In the whole coronavirus situation I forgot to file the I-944 form. I followed the guide on this forum to the best knowledge possible but just didn't find about this form until today. Any help/data point of similar situation is appreciated. Following questions come to my mind as of now:

 

1. Will this result in a straight denial or RFE?

2. If it is denied will I loose the $1225 paid or will they not charge me at all?

 

Thank you!

[Crazy Cat 39,354]

1.  Impossible to know for sure.  USCIS has a lot of discretion when required forms are missing.  At least one recent case was denied for failing to include a required form (I-864).

2.  When a case is denied, the fee is forfeited.  When a case is rejected, the entire package (with payment) is returned.

[Rambava 73]

11 minutes ago, Lucky Cat said:

1.  Impossible to know for sure.  USCIS has a lot of discretion when required forms are missing.  At least one recent case was denied for failing to include a required form (I-864).

2.  When a case is denied, the fee is forfeited.  When a case is rejected, the entire package (with payment) is returned.

Dang!

I hope they will have some leeway as the form is just mandated and just give an RFE. But I can see how it can impact heavily if a form is missing. I just pray that $1225 is not washed down the drain as of now. 

[geowrian 22,336]

If they haven't redeemed the payment yet, you could just cancel that and then resend the entire packet. They will not accept the packet without valid payment.

[gkzrl 47]

Apparently, they reject the entire package.

[Rambava 73]

12 hours ago, gkzrl said:

Apparently, they reject the entire package.ia this something that you know who got the form back or you? Also in this form it says that the applicant checked the box requiring I944 but the 485 form I submitted didn't even mention I944. It was a version before this new one. Don't know how they will handle that. Any idea?

 

[Crazy Cat 39,354]

13 hours ago, gkzrl said:

Apparently, they reject the entire package.

There has been at least one recent case which was denied for a missing the I-864.  As I said, USCIS has a great deal of discretion.

[dizzabs 1]

We got our entire package returned including the money orders for payment. We didn't filled the form I-944 and we actually filled and outdated version of the for I-485 (Don't know how because we downloaded from USCIS site) but we are dealing with redoing everything... It seems that there's a lot of us dealing with this issue.

[geowrian 22,336]

12 minutes ago, dizzabs said:

Don't know how because we downloaded from USCIS site

Most likely the new version came out after you downloaded it.

[irishoxford 38]

I went through the same issue.  Had downloaded all the forms in mid-Feb, and then they brought the I-944 in without much notice (and changed some of the supporting forms to public charge editions).  We ended up having our whole package returned, including payment. 

Resubmitted March 24, but they seem to be pretty slow (understandably) at the Chicago lockbox right now (just as a heads-up), and I haven't had any NOAs yet (electronically or otherwise), and my checks/cheques haven't been cashed either.

J

[Rambava 73]

2 hours ago, irishoxford said:

I went through the same issue.  Had downloaded all the forms in mid-Feb, and then they brought the I-944 in without much notice (and changed some of the supporting forms to public charge editions).  We ended up having our whole package returned, including payment. 

Resubmitted March 24, but they seem to be pretty slow (understandably) at the Chicago lockbox right now (just as a heads-up), and I haven't had any NOAs yet (electronically or otherwise), and my checks/cheques haven't been cashed either.

J

Thanks for the update. I have already started the new I944 and the rest of the forms. The good thing that came from this experience I made some silly mistakes in the hurry to apply and now I can correct those 😁. I don't mind the delay by a month but just hope that they don't cash the cheque in. Looks like they won't. 

 

Follow up question:

What did you give to prove the whole English/language efficiency certificate. 

[irishoxford 38]

Rambava,

I have a PhD. in English, and I'm an English professor, so that was my proof (plus my university transcripts from English and American universities)...

J

[Rambava 73]

2 hours ago, irishoxford said:

Rambava,

I have a PhD. in English, and I'm an English professor, so that was my proof (plus my university transcripts from English and American universities)...

J

Lol. Sounds good enough for sure. Haha. I was hoping that my Masters should suffice as well if I dont have my TOEFL scores found.

[irishoxford 38]

8 minutes ago, Rambava said:

Lol. Sounds good enough for sure. Haha. I was hoping that my Masters should suffice as well if I dont have my TOEFL scores found.

If it was from an English-speaking university then hopefully they'll be taking that as fine enough proof.  It's such a new form that it's hard to figure out exactly what they want right now.    

[Rambava 73]

4 minutes ago, irishoxford said:

If it was from an English-speaking university then hopefully they'll be taking that as fine enough proof.  It's such a new form that it's hard to figure out exactly what they want right now.    

Yeah it was from an American University. The problem is what you put in the certification/dates/issuer fields. Do you put your University diploma certificate dates?