Graphic depicting the effect of the "Public Charge" executive order on the size of my I-485 packet

[Dory 8]

While I was slogging through putting together my I-485 package, I kept thinking how much I wished I was doing this all back before the "Public Charge" executive order in February. 

 

So once I finally got everything assembled I decided to take some photos of what my pile of papers would look like if I was submitting it without the "Public Charge" business and then turn them into a nice graphic. 

 

Maybe this can help people who are just getting started have an idea what their pile of documents might end up looking like -- or could help inform those unfamiliar with the huge inconvenience that the executive order puts into the immigration process.

[geowrian 22,335]

Our AOS packet (pre-new rule) was only about 20-30 pages long. We did AOS from K-1, so the I-130 packet was not needed, though.

 

The only major change with paperwork for the new rule revolves around the I-944. What in the I-944 (and its supporting documentation) added over 300 pages?

Edited June 30, 2020 by geowrian

[Dory 8]

10 minutes ago, geowrian said:

What in the I-944 (and its supporting documentation) added over 300 pages?

For both petitioner & beneficiary:

• Tax documents, predominantly IRS tax transcripts which are a pain to get sometimes... (we included 3 years)
• Employment verification letters (may be optional?)
• Full credit report
• 1 year of monthly bank statements from every bank account and investment account (we had to manually translate every bank account statement from each foreign bank into English...)
• Proof of health insurance documents
• Tons of documents on the beneficiary's education & certifications
• Documents showing the beneficiary's knowledge and proficiency with English

And in general, since the rules are a bit confusing / ambiguous at times, if there was every any uncertainty we erred on the side of including extra documentation rather than too little (i.e. we included multiple forms of "birth certificates" since Turkey doesn't really have a single "birth certificate" in the same way that the USA does...)

Edited June 30, 2020 by zwrouse

[Boiler 43,397]

How did you show you will never require the use of public benefits?

[Dory 8]

9 minutes ago, Boiler said:

How did you show you will never require the use of public benefits?

I think it is basically a "prove that you aren't 'poor', and are very unlikely to become 'poor' in the future" kind of test.

 

You have to show things like (1) you as a household have consistently made >125% of the federal poverty limits and (2) you both have non-crappy credit scores, and (3) you have health insurance so that you won't go bankrupt to unforeseen medical expenses, and/or (4) you as a household have a lot of liquid-ish assets and (5) you as a household have a lot of education and certifications which will allow you to probably get good high paying jobs and (6) the beneficiary speaks English well so that they can get a good high paying job.

 

Maybe its not mandatory to show everything, but I just follow the guides and instructions and those make it seem like all that is mandatory to me. I ain't taking risks.

Edited June 30, 2020 by zwrouse

[Boiler 43,397]

1. 125% of the federal poverty limits is poor under most definitions.

 

2. In most cases the immigrant will not have a Credit Score, I did not.

 

3. Many people with Health Insurance who have major health issues sadly go bankrupt, it is not a panacea.

 

4. You can use assets instead of income, is that what you mean?

 

5. Not aware of any such requirement, now that would seriously impact family immigration.

 

6. Ditto.

[Dory 8]

Just now, Boiler said:

2. In most cases the immigrant will not have a Credit Score, I did not.

Yes I have heard that this is a particularly annoying issue for many. We are very lucky that my spouse got a credit card when she entered the country on a student visa. 

Just now, Boiler said:

3. Many people with Health Insurance who have major health issues sadly go bankrupt, it is not a panacea.

Very true

Just now, Boiler said:

4. You can use assets instead of income, is that what you mean?

Yes you can but it seems like if you are in that situation there are a lot of hoops to jump through to prove that you have enough assets to subsist. 

Just now, Boiler said:

5. Not aware of any such requirement, now that would seriously impact family immigration.

I imagine it could be a big issue particularly if the household is near the poverty limit.

[Dory 8]

38 minutes ago, geowrian said:

The only major change with paperwork for the new rule revolves around the I-944. 

I am not sure if the I-864 (Affidavit of Support Under Section 213A of the INA) was required before the public charge rule, but I was under the impression that it was also a new addition.

[payxibka 10,044]

1 minute ago, zwrouse said:

I am not sure if the I-864 (Affidavit of Support Under Section 213A of the INA) was required before the public charge rule, but I was under the impression that it was also a new addition.

I864 has been required for many many many years

[Dory 8]

4 minutes ago, payxibka said:

I864 has been required for many many many years

Gotcha, so my pre-public-charge-packet would be 91 pages. I changed that here.

Edited June 30, 2020 by zwrouse

[Boiler 43,397]

I 864, well as long as I can remember.

 

And of course usually Health Insurance Is an annual contract and most people have it through an Employer, no job no Employer insurance as many have found in these COVID days.

[payxibka 10,044]

1 minute ago, zwrouse said:

Gotcha, so my pre-public-charge-packet would be 91 pages.

My i864 package was the form, one year transcripts and a paystub.  Not sur how you can get anywhere near 91 pages

[Dory 8]

14 minutes ago, payxibka said:

My i864 package was the form, one year transcripts and a paystub.  Not sur how you can get anywhere near 91 pages

The 91 pages wouldn't just be the I-864, its my entire "I-485 Package" consisting of (among other things):

• Cover Letter
• Money Order
• Form G-1145
• I-130 Recept Notice
• Form I-485
• Passport photos of beneficiary
• Form I-864
• Form I-765
• Form I-131
• Form I-693 (Medical Exam)
• Beneficiary's birth certificate
• Petitioner's birth certificate
• Beneficiary's I-94
• Beneficiary's I-20
• Beneficiary's passport & entry stamps
• Beneficiary's visas
• Marriage Certificate
• etc
• etc
• etc

 

Also my cheap printer only prints one-sided.

Edited June 30, 2020 by zwrouse

[Allaboutwaiting 2,480]

17 minutes ago, zwrouse said:

The 91 pages wouldn't just be the I-864, its my entire "I-485 Package" consisting of (among other things):

• Cover Letter
• Money Order
• Form G-1145
• I-130 Recept Notice
• Form I-485
• Passport photos of beneficiary
• Form I-864
• Form I-765
• Form I-131
• Form I-693 (Medical Exam)
• Beneficiary's birth certificate
• Petitioner's birth certificate
• Beneficiary's I-94
• Beneficiary's I-20
• Beneficiary's passport & entry stamps
• Beneficiary's visas
• Marriage Certificate
• etc
• etc
• etc

 

Also my cheap printer only prints one-sided.

And that's how USCIS requires documents: one-sided. 👌

[geowrian 22,335]

1 hour ago, zwrouse said:

I think it is basically a "prove that you aren't 'poor', and are very unlikely to become 'poor' in the future" kind of test.

 

You have to show things like (1) you as a household have consistently made >125% of the federal poverty limits and (2) you both have non-crappy credit scores, and (3) you have health insurance so that you won't go bankrupt to unforeseen medical expenses, and/or (4) you as a household have a lot of liquid-ish assets and (5) you as a household have a lot of education and certifications which will allow you to probably get good high paying jobs and (6) the beneficiary speaks English well so that they can get a good high paying job.

 

Maybe its not mandatory to show everything, but I just follow the guides and instructions and those make it seem like all that is mandatory to me. I ain't taking risks.

For reference, here is the worksheet USCIS put out: https://www.uscis.gov/sites/default/files/policymanual/resources/Appendix-TotalityoftheCircumstancesFramework.pdf

Basically, look at the positive and negative factors and you can get a good idea of what to expect.

Covering all bases is good so I think you'll be fine. But in reality, I would not expect most of those items to be an issue if the sponsor has "significant" income (at least 250% of the FPL) and without a derogatory history.