I-944

[Blackbears1969 1]

Hello there, I have read in many different places about the I-944 process during covid-19. The more I read the more I get confused. I am trying to find out if the I-944 is needed. We are trying to submit our AOS before the Oct 2 rate increase but want to make sure we have everything we need. I read that the I-944 is needed and also not needed right now. Anyone know for sure if it is needed? Thanks for your time. 

[Letspaintcookies 2,310]

14 minutes ago, Blackbears1969 said:

Hello there, I have read in many different places about the I-944 process during covid-19. The more I read the more I get confused. I am trying to find out if the I-944 is needed. We are trying to submit our AOS before the Oct 2 rate increase but want to make sure we have everything we need. I read that the I-944 is needed and also not needed right now. Anyone know for sure if it is needed? Thanks for your time. 

It's described pretty good on USCIS when you search for the form. It's not needed right now

[HRQX 4,145]

3 hours ago, Blackbears1969 said:

Anyone know for sure if it is needed? Thanks for your time. 

I-944 is not currently required: "Applicants and petitioners whose applications or petitions are postmarked on or after July 29, 2020, should not include the Form I-944 or provide information about the receipt of public benefits on Form I-485, Form I-129, Form I-129CW, Form I-539, or Form I-539A." https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/injunction-of-the-inadmissibility-on-public-charge-grounds-final-rule

[HRQX 4,145]

3 hours ago, Blackbears1969 said:

We are trying to submit our AOS before the Oct 2 rate increase but want to make sure we have everything we need.

File with the fastest shipping speed that FedEx, UPS, or DHL offers. USPS is having major delays in Chicago area. Even "next day" packages are taking weeks there.

 

[Blackbears1969 1]

Thanks for the input. I did find the information after resting my brain a little so apologize for not finding it the first few times I read, and yes, will send this out FedEx for sure, don't trust USPS. Thanks again for the responses and good luck with everything.  

[Chancy 6,241]

On 9/20/2020 at 10:22 PM, Blackbears1969 said:

Thanks for the input. I did find the information after resting my brain a little so apologize for not finding it the first few times I read, and yes, will send this out FedEx for sure, don't trust USPS. Thanks again for the responses and good luck with everything.  

 

Unfortunately, I-944 is required again.  USCIS put up the announcement just today -- https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/injunction-of-the-inadmissibility-on-public-charge-grounds-final-rule

 

"If you filed your Form I-485, Application to Register Permanent Residence or Adjust Status, after Feb. 24, 2020, you may be required to file Form I-944, Declaration of Self-Sufficiency. If we receive a Form I-485 before Oct. 13, 2020, that does not have all required forms and evidence, we will request any missing forms and evidence. After Oct. 13, 2020, we will reject your Form I-485 if you do not include the required forms and evidence with Form I-485 at the time of filing."

 

[noront 6]

11 minutes ago, Chancy said:

 

Unfortunately, I-944 is required again.  USCIS put up the announcement just today -- https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/injunction-of-the-inadmissibility-on-public-charge-grounds-final-rule

 

"If you filed your Form I-485, Application to Register Permanent Residence or Adjust Status, after Feb. 24, 2020, you may be required to file Form I-944, Declaration of Self-Sufficiency. If we receive a Form I-485 before Oct. 13, 2020, that does not have all required forms and evidence, we will request any missing forms and evidence. After Oct. 13, 2020, we will reject your Form I-485 if you do not include the required forms and evidence with Form I-485 at the time of filing."

 

The note on their website seems to suggest that all applications filed after Feb 24, 2020 will be subject to the public charge rule. So retroactively? Are they going to send out RFEs to everyone who filed after Feb 24? Apologies if I'm misreading this.

 

Here's the part of the note:

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]

2 minutes ago, noront said:

Are they going to send out RFEs to everyone who filed after Feb 24?

Yes.

[noront 6]

1 minute ago, HRQX said:

Yes.

Great. More delays.

[Chancy 6,241]

6 minutes ago, noront said:

The note on their website seems to suggest that all applications filed after Feb 24, 2020 will be subject to the public charge rule. So retroactively? Are they going to send out RFEs to everyone who filed after Feb 24?

 

I have the same interpretation of the announcement.  Yes, they'll be sending out RFEs.  Also, it looks like the I-944 requirement applies retroactively even to those who filed for AOS while the July 29 injunction was in effect.

 

[noront 6]

Does anyone know how this might affect timelines for the EAD/AP?

 

I still have yet to receive NOA after close to 1 month, so not sure if this means that they will send an RFE for the I-944 before they even start processing the EAD and AP? Or is the public charge solely for the 485?

[HRQX 4,145]

30 minutes ago, noront said:

Great. More delays.

Filers before July 29 have already been getting RFE if they didn't include I-944:

So with today's update, more recent filers (07/29 to 10/12) would also get RFE.

[Jade.gard 0]

So, I’m Jade and I entered on a K1 visa last month and married my now husband Jacob. Jacob is the U.S citizen. Who the heck fills out the dreaded I-944 form. 
 

We are both performers.. typically for Disney cruise line (yay and have lost our jobs) so his parents sponsored me for the original affidavit of support. We are still planning to use them for the I-864 form, but are confused about who fills the I-944 form out. 

[HRQX 4,145]

5 hours ago, Jade.gard said:

but are confused about who fills the I-944 form out. 

Jade