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Filed: AOS (pnd) Country: Mexico

Hey Guys,

I am in the process of filling out the paperwork for concurrent filing the I-130 and I-485 when I realized that I have to submit an I-944. This form really has me losing hope. 


Here is my situation:

1) My spouse (beneficiary) is a registered nurse with diploma from Mexico


2) She is not making any income because she is not authorized to work. I listed her on the form and explained that she would not file a tax return because she is not authorized to work. 


3) I am currently working for the Government and will be making over 250% of the Federal Poverty level annually based on my annual salary; however, for 2019, my income was $2,000 for the whole year because I was on a sabbatical. 


4) My spouse did receive pregnancy related Medicaid. I have letters from the county which clearly state that she was only approved for pregnancy related medicaid and the start and end dates.


5) She has no serious medical conditions and has no medical insurance because most insurance companies require that you have an SSN or ITIN. She will qualify to be put on my Government health plan once she receives an SSN


6) My parents will be filing a I-864a to Sponsor and between the two, they make about 300k per year so with them alone, it will qualify.


Here is where I am getting worried:

1) I can only provide a picture of the diploma that her family member sent from Mexico. I am wondering if this will suffice or if they will require the actual document? Obtaining the actual document will be a pain in the butt. 


2) Will they immediately deny the application because she makes no income and because my 2019 tax returns show an income of $2,000? Will they at least take into consideration recent pay stubs and the fact that my parents will co sponsor?


3) For the medicaid, I believe there should be no issue because I have letters to prove that it was for pregnancy, as well as, the start and end dates. Should I be worried? Also, I read somewhere that if it was pregnancy related, I would not need to mention it; however, the form I-485 asks what the medicaid was for. So I assume it does have to be mentioned either way?


I know this form is new and there may not be much information regarding the above questions, but I am hoping to get input from people who have had similar income and education situations and what USCIS said to them.

Your help is very much appreciated

My current Timeline:

June 9, 2020 - Form I-130 filed electronically through USCIS.gov

June 10, 2020 - Form I-130 Accepted

June 11, 2020 - Form I-130 I-797 PDF available for download with priority date of June 9, 2020

June 16, 2020 - Mailed I-485 packet* along with I-131 and I-765

June 18, 2020 - USPS confirms packet delivered

July 20, 2020 - Credit Card charged

July 27, 2020 - I-797 letters received for I-485, I-765, and I-131 with a received date of June 18, 2020

August 10, 2020 - Notice of RFE for I-485 mailed. 

August 13, 2020 -  Red RFE notice received via mail. Notice requested proof of residence for 864A sponsor. 

August 13, 2020 - Mailed RFE response to USCIS**

August 17, 2020 - USPS confirms that RFE response was delivered

August 18, 2020 - USCIS Notification confirming receipt of response for RFE

September 24, 2020 - Received I-693 Deficiency Notice

January 19, 2021 - Form I-130 Approved and notice sent to beneficiary with notice available immediately online

January 22, 2021 - Form I-130 Approval Notice received by mail

January 29, 2021 - Biometrics notice received for the I-485 and I-765 dated for February 17. 2020 at 1pm

February 17, 2021 - Code 3 Biometrics taken for I-485 and I-765. Case updated to show biometrics applied to both I-485 and I-765 the same night. 

February 18, 2021 - I-485 case status changed to "Ready to be scheduled for interview" 

April 19, 2021 - I-765 case status changed to "New Card is Being Produced"

April 20, 2021 - I-765 and I-131 case status changed to "Case was approved"  

April 22, 2021 - I-765 case status changed to "Card was mailed to me"

April 23, 2021 - Approval notices received for I-131 and I-765 via mail

April 23, 2021 - I-765 case status changed to "Card Was Picked Up By The United States Postal Service" with a delivery date set to Monday, April 26, 2021, by 9:00 PM

April 26, 2021 - I-765 case status changed to "Card Was Delivered To Me By The Post Office" and card picked up in mail box

April 29, 2021 - Visit to Social Security Administration for SSN Card

May 4, 2021 - SSN Card arrives in the mail 


*Packet was mailed without I-693 medical. Will wait for an RFE and take it to the interview. Also, tax transcripts were not available at the time so copies of the tax returns were sent and a cover letter explaining why. 


**Included tax transcripts in RFE response since I was now able to gain access since sending the application. 


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