I-944 not needed anymore?

[JacobP 185]

3 hours ago, Duke & Marie said:

Since the instructions for i485 request it, I’d still submit it, allowing them to ignor it if the rule is still in place at the time of adjudication.. either way, it can’t hurt to send it off

Right now you can't even find the I-944 on the USCIS's website if you wanted to. There's no reason to send it off, they don't even want you to. I'd rather we not give anyone conflicting information.

[nobu 9]

On 8/8/2020 at 11:33 PM, travisgarretson11 said:

I need to be 100% sure before I send the AOS packet in the mail

 

so as of today, 8-8-20, the ONLY required forms for K1 AOS are: i-485 and i-864? does that mean I DO NOT mail the i-944?

 

 

on the i-485, question 61. i checked No, is this correct? even though I will NOT mail the i-944 since it is not required as of today?

 

I am treating this question very technically and I am ticking off YES as the instructions of the I-485 clearly state that the immigrant category for K1 requires the submission of the I-944. However, I am not submitting the I-944 form as it is non-existent on the USCIS website due to the USCIS applying the 1999 public charge guidance that was in place before the Public Charge Rule was implemented on Feb. 24, 2020 (meaning no need to file the I-944). Additionally, I am including a note in my cover letter stating that I am not including the I-944 due to this recent injunction. 

Edited August 11, 2020 by nobu

[HRQX 4,145]

28 minutes ago, nobu said:

I am treating this question very technically and I am ticking off YES as the instructions of the I-485 clearly state that the immigrant category for K1 requires the submission of the I-944.

Thus, correct answer is NO. You are not exempt from the public charge ground of inadmissibility.

 

Then when you file, don't include I-944.

Edited August 11, 2020 by HRQX

[nobu 9]

1 minute ago, HRQX said:

Thus, correct answer is NO. You are not exempt from the public charge ground of inadmissibility.

Correct, meant to put NO, apologies, has been a long day

[AGMic 5]

Hello everyone,

I submitted my paperwork for AOS from F-1 student visa on September 8, 2020. I did not include form I-944 since it was not required due to the court issue.

Well, no progress had been made on my application until December 15, 2020, that I got an RFE for me to submit I-944!!

 

I'm gonna start working on the form and will try to submit it ASAP. 

 

 

The following alert is from: https://www.uscis.gov/i-944

ALERT: On Sept. 11, 2020, the U.S. Court of Appeals for the Second Circuit issued a decision that allows DHS to resume implementing the Public Charge Ground of Inadmissibility final rule nationwide, including in New York, Connecticut and Vermont. The decision stays the July 29, 2020, injunction, issued during the coronavirus (COVID-19) pandemic, that prevented DHS from enforcing the public charge final rule during a national health emergency.

Therefore, we will apply the public charge final rule and related guidance in the USCIS Policy Manual, Volumes 2, 8 and 12, to all applications and petitions postmarked (or submitted electronically) on or after Feb. 24, 2020. If you send your application or petition by commercial courier (for example, UPS, FedEx, or DHL), we will use the date on the courier receipt as the postmark date.

[HRQX 4,145]

27 minutes ago, AGMic said:

until December 15, 2020, that I got an RFE for me to submit I-944!!

Yup, USCIS is still issuing I-944 RFE to applicants living in states that aren't affected by the 9th Circuit’s Dec. 2 decision. https://cdn.ca9.uscourts.gov/datastore/opinions/2020/12/02/19-17213.pdf