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Pickle_slushy

Submit I-944 or not after new ruling?

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Filed: AOS (pnd) Country: Canada
Timeline

We are about 2-3 weeks from submitting all of our paperwork. Filing I-130 and I-485 concurrently. Given the new information about the I-944 being put on pause, do you think we should submit it anyways since we have all the paperwork done? If anything, it probably gives strong evidence in our case. 

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If you have it ready already, it won’t hurt to send it. It’s always possible the injunction will be appealed and they may request it later. It’s an edge case IMO, but possible.

 

They have stated that they will not use the information on/for it at this time. So it won’t make a stronger case either...it will either be ignored (if the injunction remains) or reviewed/requested later (if the rule were to be re-enacted).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: AOS (pnd) Country: Canada
Timeline
11 minutes ago, geowrian said:

If you have it ready already, it won’t hurt to send it. It’s always possible the injunction will be appealed and they may request it later. It’s an edge case IMO, but possible.

 

They have stated that they will not use the information on/for it at this time. So it won’t make a stronger case either...it will either be ignored (if the injunction remains) or reviewed/requested later (if the rule were to be re-enacted).

Right. The only thing that I don't have right now is an official foreign education evaluation. I'm wondering if a submit it without this that it might be returned for an RFE

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Filed: Lift. Cond. (apr) Country: China
Timeline

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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1 hour ago, Pickle_slushy said:

Right. The only thing that I don't have right now is an official foreign education evaluation. I'm wondering if a submit it without this that it might be returned for an RFE

It won't result in an RFE at this time with or without it.

Personally, if I didn't have it ready to go when I was otherwise ready to file, I would just file it without any of the I-944 stuff. Only if I had everything for the I-944ready to go would I consider including it at this time.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: AOS (pnd) Country: Spain
Timeline

I'm not going to send it. Tbh, I was half way trough with the I1944 but some info is not easy to get and I was stressed. I dont have any english certificate and it was being kind of a nightmare along with other documents and bank stuff.

 

I already have completed the other forms (130 and 485+EAD+AP) and reuinited all the bonafide marriage evidences. Im only waiting to get my medical exam next week and I cant wait to submit everything.

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The public charge rule is only delayed through October - if you are filing now, your petition is highly unlikely to be adjudicated before that, so I would say submit it, or continue preparing it because you will probably need it anyway.  

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Filed: AOS (pnd) Country: Canada
Timeline
5 hours ago, Bigtuna said:

I'm not going to send it. Tbh, I was half way trough with the I1944 but some info is not easy to get and I was stressed. I dont have any english certificate and it was being kind of a nightmare along with other documents and bank stuff.

 

I already have completed the other forms (130 and 485+EAD+AP) and reuinited all the bonafide marriage evidences. Im only waiting to get my medical exam next week and I cant wait to submit everything.

Did you know the medical is only valid for 60 days? We are waiting to submit this until later, as it's not likely we'll be interviewed before that with all the delays right now... 

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Filed: Citizen (pnd) Country: Brazil
Timeline
1 minute ago, Pickle_slushy said:

Did you know the medical is only valid for 60 days? We are waiting to submit this until later, as it's not likely we'll be interviewed before that with all the delays right now... 

Medical is not valid only for 60 days. The medical done in the US is valid for 2 years and can't be older than 60 days of the filing date of the underlying application.

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Filed: Citizen (pnd) Country: Brazil
Timeline
5 hours ago, Bigtuna said:

I'm not going to send it. Tbh, I was half way trough with the I1944 but some info is not easy to get and I was stressed. I dont have any english certificate and it was being kind of a nightmare along with other documents and bank stuff.

 

I already have completed the other forms (130 and 485+EAD+AP) and reuinited all the bonafide marriage evidences. Im only waiting to get my medical exam next week and I cant wait to submit everything.

Medical is not required at the time of filing. You will take it to the interview.

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Filed: AOS (pnd) Country: Spain
Timeline
1 hour ago, Pickle_slushy said:

Did you know the medical is only valid for 60 days? We are waiting to submit this until later, as it's not likely we'll be interviewed before that with all the delays right now... 

In my case Im doing AOS from J1, so as the medical is in the USA, I think is valid for 2 years and cant be older than 60 days, as the user Ayrton is saying in the below coment. But tbh, if I can bring it to the interview, that would be great because is gonna cost me 300$ and I prefer to pay it in the future.

1 hour ago, Ayrton said:

Medical is not valid only for 60 days. The medical done in the US is valid for 2 years and can't be older than 60 days of the filing date of the underlying application.

Ya, this is what I understood too.

Do you know if filling for AOS in the USA from J1 requires to submit it with all the other forms? Or I can also bring it to the interview? Is just for economic matter but I dont want to get a RFE for this.

 

1 hour ago, Ayrton said:

Medical is not required at the time of filing. You will take it to the interview.

Even when doing AOS from J1? (See question over your quote).

 

Thanks everyone.

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2 hours ago, Bigtuna said:

Do you know if filling for AOS in the USA from J1 requires to submit it with all the other forms? Or I can also bring it to the interview?

Even in your case you have the option to take it to the interview: "Applicants may submit the Form I-693 medical examination report to USCIS: Concurrently with the immigration benefit application; or At any time after filing the immigration benefit application but before USCIS finalizes adjudication of that application. If not submitted simultaneously with the immigration benefit application, applicants may bring the medical examination report to an interview or wait until USCIS issues an RFE requesting the medical examination report." https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-4

Expect to receive a deficiency letter after filing that is just a reminder of the above information:

I-693_Notice_1.png

Edited by HRQX
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5 hours ago, SusnOwen said:

The public charge rule is only delayed through October

What? There isn't a specific date. https://ccrjustice.org/sites/default/files/attach/2020/07/Dkt 221.Judge's Order granting COVID-19 PI and denying most of MTD.7 29 2020 cuccinelli.pdf "Defendants are enjoined from enforcing, applying, implementing, or treating as effective the Rule for any period during which there is a declared national health emergency in response to the COVID-19 outbreak."

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Filed: AOS (pnd) Country: Spain
Timeline
2 hours ago, HRQX said:

Even in your case you have the option to take it to the interview: "Applicants may submit the Form I-693 medical examination report to USCIS: Concurrently with the immigration benefit application; or At any time after filing the immigration benefit application but before USCIS finalizes adjudication of that application. If not submitted simultaneously with the immigration benefit application, applicants may bring the medical examination report to an interview or wait until USCIS issues an RFE requesting the medical examination report." https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-4

Expect to receive a deficiency letter after filing that is just a reminder of the above information:

I-693_Notice_1.png

Thank you for the screenshot! So then, I guess that not sending it now wouldn't hurt or create more delays due to the RFE right? Seems that they just tell you to bring it yo the interview and thats it.

 

I have an appt on thursday but tbh, I would rather save those 300 bucks for now and pay after being able to work with my EAD.

Edited by Bigtuna
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