Submit I-944 or not after new ruling?

[geowrian 22,335]

11 hours ago, SusnOwen said:

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.  

Source?

[laylalex 7,247]

1 hour ago, geowrian said:

Source?

Thanks for asking this -- I was wondering too where that came from. I'm trying to figure out whether we should elope now instead of waiting for our planned wedding date (10/24) to take advantage of the I-944 being on ice right now. We'd pulled together some of the stuff, but the financials are proving to be a real pain given that we both have investments in multiple countries, and we both own property in the UK, his through a trust. On the other hand, if there even a possibility that his family can attend after all (the reason why we chose the date), I kind of want to keep it. I have no doubt we'd meet the public charge test but if I can skip this, I want to!

[mbssss 105]

So if you file without it, will they request it at a later time or will they just not consider it in the applications that are filed between the dates when this is in effect? 

[SusnOwen 132]

12 hours ago, geowrian said:

Source?

It's early and I cannot find the source at the moment, but I know I read it somewhere.  From what I am reading this am, they cannot enforce the public charge rule while a public health emergency is declared, and not to submit the I-944 right now.  However,  if the public health emergency is lifted, I would be willing to take bets that they will re-enact it, so while I wouldn't send it right now, I would still gather the information on the form just in case - The form is a nightmare to complete, and I would rather be overprepared then scrambling at the end before an interview.

[HRQX 4,145]

10 minutes ago, SusnOwen said:

they cannot enforce the public charge rule while a public health emergency is declared

Correct. Thus there isn't a specific end date because PP 9994 that the injunction references in Page 4 has no specific end date.

Injunction: 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

PP 9994: https://www.federalregister.gov/documents/2020/03/18/2020-05794/declaring-a-national-emergency-concerning-the-novel-coronavirus-disease-covid-19-outbreak

[lgb2015 51]

6 hours ago, SusnOwen said:

It's early and I cannot find the source at the moment, but I know I read it somewhere.  From what I am reading this am, they cannot enforce the public charge rule while a public health emergency is declared, and not to submit the I-944 right now.  However,  if the public health emergency is lifted, I would be willing to take bets that they will re-enact it, so while I wouldn't send it right now, I would still gather the information on the form just in case - The form is a nightmare to complete, and I would rather be overprepared then scrambling at the end before an interview.

I think the revised fees come into effect at the end of October, I read that yesterday too. 

 

We are submitting our AOS packet tomorrow, and not including I-944 or I-693 at this time. 

[Pickle_slushy 4]

On 8/2/2020 at 11:12 AM, HRQX said:

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."

This if coming from US Is. 

 

"As long as the July 29, 2020, SDNY decision is in effect, USCIS will apply the 1999 public charge guidance that was in place before the Public Charge Rule was implemented on Feb. 24, 2020 to the adjudication of any application for adjustment of status on or after July 29, 2020"

 

Is there an older public charge form we should be submitting instead?

[geowrian 22,335]

14 hours ago, SusnOwen said:

It's early and I cannot find the source at the moment, but I know I read it somewhere.

I'm not doubting that a source existed, but I'm unaware of any official source that gave that timeline and the actual ruling referred to the emergency declaration, which has none.

 

3 minutes ago, Pickle_slushy said:

This if coming from US Is. 

 

"As long as the July 29, 2020, SDNY decision is in effect, USCIS will apply the 1999 public charge guidance that was in place before the Public Charge Rule was implemented on Feb. 24, 2020 to the adjudication of any application for adjustment of status on or after July 29, 2020"

 

Is there an older public charge form we should be submitting instead?

There is no public charge form. There is an affidavit of support (I-864) that is either required or used to assist in overcoming a public charge decision.

As of right now, the current I-864 (Edition Date 10/15/19) available from USCIS here is the only one they will accept still: https://www.uscis.gov/i-864

No idea if they will change the current form edition or not as a result of this injunction. The I-864 itself doesn't have a lot of information specific to the rule - most of it came from the I-944 and decision factors for the IOs to consider.

[PatrycjaEM 0]

On 8/3/2020 at 11:10 AM, lgb2015 said:

I think the revised fees come into effect at the end of October, I read that yesterday too. 

 

We are submitting our AOS packet tomorrow, and not including I-944 or I-693 at this time. 

I have a question - what date are you putting on your documents then? If I date my documents before July 29 can they still require the form I-944 from me even thought I would send it after July 29th?

 

I printed my documents dates July 15th already but not gonna send the packet until later this week and I'm thinking If I should print it again and change the dates. 

 

Thanks!

[lgb2015 51]

50 minutes ago, PatrycjaEM said:

I have a question - what date are you putting on your documents then? If I date my documents before July 29 can they still require the form I-944 from me even thought I would send it after July 29th?

 

I printed my documents dates July 15th already but not gonna send the packet until later this week and I'm thinking If I should print it again and change the dates. 

 

Thanks!

 

Hi! The Injunction information posted on USCIS website doesn't refer at all the document print dates, just postal dates: 'Applicants and petitioners whose applications or petitions are postmarked on or after July 29, 2020, should not include the Form I-944 '

 

I think you'll be absolutely fine. I printed my forms before 29th July, and we posted yesterday.  

[cariger8989 14]

49 minutes ago, lgb2015 said:

 

Hi! The Injunction information posted on USCIS website doesn't refer at all the document print dates, just postal dates: 'Applicants and petitioners whose applications or petitions are postmarked on or after July 29, 2020, should not include the Form I-944 '

 

I think you'll be absolutely fine. I printed my forms before 29th July, and we posted yesterday.  

Sent my AOS package yesterday with no i944

[PatrycjaEM 0]

21 minutes ago, cariger8989 said:

Sent my AOS package yesterday with no i944

thanks! but what date did you put on your documents as the date of filling? 

[cariger8989 14]

1 hour ago, PatrycjaEM said:

thanks! but what date did you put on your documents as the date of filling? 

02 Aug.

[IndominusRex 17]

Hold your horses, apparently a federal appeals court just reversed the injunction. This is turning out to be a roller coaster. We were about to resubmit the AOS for the kids without the 944 but it seems like it may be required again. Just saw the news this morning. 

[Pickle_slushy 4]

1 hour ago, IndominusRex said:

Hold your horses, apparently a federal appeals court just reversed the injunction. This is turning out to be a roller coaster. We were about to resubmit the AOS for the kids without the 944 but it seems like it may be required again. Just saw the news this morning. 

Do you have a source or link for this news?