AoS (merged threads)

[David and Anna 118]

Hi,

 

I am planning to add my soon-to-be wife to the Healthcare exchange after we get her SSN, get married and apply for AoS (she is coming on her K-1 in February).  I have a few questions I could use some clarity on:

 

1. Does anyone have a link to official documentation as to whether receiving the income tax credit under the ACA exchange causes a problem under the PC rules? (let's stipulate that the new I-944 PC rule is in place for this discussion - if it goes away due to courts or Biden, then great.  I know medicaid is considered a problem for PC, but want to be sure that the tax credit under the ACA is not a problem)

 

2. Also related question to anyone that knows, the Healthcare exchange website says that she qualifies for participating in the exchange if she is "an applicant for LPR".  I presume AoS meets that? 

 

3. If yes, then does that mean we need the I-485 NOA1 to provide the exchange with proof? 

 

4. Assuming yes, how long is it taking to get AoS NOA1 right now?  (I know that I-129F NOA1's are coming after 2+ months in some cases, but haven't seen any similar complaints about the I-485 NOA1.)

 

5.  Lastly, has anyone here gone thru this exact process?  Did someone marry and add their new spouse to the ACA exchange?  If Yes, please share any details and help that you can.

 

Thanks!

 

 

Edited January 31, 2021 by David and Anna

[HRQX 4,145]

32 minutes ago, David and Anna said:

but want to be sure that the tax credit under the ACA is not a problem

Not an issue: https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-10

The following is a non-exhaustive list of public benefits that USCIS does not consider in the public charge inadmissibility determination as they are considered earned benefits:^[20]

• Federal Old-Age, Survivors, and Disability Insurance Social Security benefits (SSDI);

• Social Security;

• Veteran’s benefits including but not limited to HUD-VASH, and medical treatment through the Veteran’s Health Administration;

• Government (including federal and state) pension benefits and healthcare;

• Unemployment benefits;

• Worker’s compensation;

• Medicare; or

• Federal and state disability insurance.

Other benefits not considered public benefits in the public charge inadmissibility determination include, but are not limited to:

• Any services provided under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act);^[21] 

• Benefits under the Emergency Food Assistance Act (TEFAP);^[22]

• Child and Adult Care Food Program (CACFP);

• Food Distribution Program on Indian Reservations (FDPIR);

• Short-term, non-cash, in-kind emergency disaster relief;

• Programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter) provided by local communities or through public or private nonprofit organizations;

• Public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease;

• Attending public school;

• Benefits though school lunch or other supplemental nutrition programs including:

  • Benefits through the Child Nutrition Act;^[23]

  • Benefits from the National School Lunch Act;^[24]

• Summer Food Service program;

• Child care related services including the Child Care and Development Block Grant Program (CCDBGP);^[25]

• Special Supplemental Nutrition Program for Women, Infants, and Children (WIC);^[26]

• Children’s Health Insurance Program (CHIP) and State Children’s Health Insurance Program (SCHIP);^[27]

• Health Insurance through the Affordable Care Act;

• Tax Credits;

• Transportation vouchers or other non-cash transportation services;

• Housing assistance under the McKinney-Vento Homeless Assistance Act;^[28]

• Energy benefits such as the Low Income Home Energy Assistance Program (LIHEAP);^[29]

• Educational benefits, including, but not limited to, benefits under the Head Start Act;^[30]

• Student loans and home mortgage loan programs; and

• Foster care and adoption benefits.

As there are multiple federal and state public benefits programs, USCIS is unable to list all programs not included within the public charge inadmissibility determination.

33 minutes ago, David and Anna said:

If yes, then does that mean we need the I-485 NOA1 to provide the exchange with proof?

Yes, the I-485 receipt notice is needed as proof an applicant to LPR.

[David and Anna 118]

@HRQXThank you so much!

[goursh 3]

On 1/31/2021 at 1:25 PM, HRQX said:

Does this mean my fiance (K-1 visa, breastfeeding mother of a USC) doesn't need to mention WIC on her i-944 for her AOS? Or we should mention it and not worry about it? It's technically not an option on the form.

 

Not an issue: https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-10

The following is a non-exhaustive list of public benefits that USCIS does not consider in the public charge inadmissibility determination as they are considered earned benefits:^[20]

• Federal Old-Age, Survivors, and Disability Insurance Social Security benefits (SSDI);

• Social Security;

• Veteran’s benefits including but not limited to HUD-VASH, and medical treatment through the Veteran’s Health Administration;

• Government (including federal and state) pension benefits and healthcare;

• Unemployment benefits;

• Worker’s compensation;

• Medicare; or

• Federal and state disability insurance.

Other benefits not considered public benefits in the public charge inadmissibility determination include, but are not limited to:

• Any services provided under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act);^[21] 

• Benefits under the Emergency Food Assistance Act (TEFAP);^[22]

• Child and Adult Care Food Program (CACFP);

• Food Distribution Program on Indian Reservations (FDPIR);

• Short-term, non-cash, in-kind emergency disaster relief;

• Programs, services, or assistance (such as soup kitchens, crisis counseling and intervention, and short-term shelter) provided by local communities or through public or private nonprofit organizations;

• Public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease;

• Attending public school;

• Benefits though school lunch or other supplemental nutrition programs including:

  • Benefits through the Child Nutrition Act;^[23]

  • Benefits from the National School Lunch Act;^[24]

• Summer Food Service program;

• Child care related services including the Child Care and Development Block Grant Program (CCDBGP);^[25]

• Special Supplemental Nutrition Program for Women, Infants, and Children (WIC);^[26]

• Children’s Health Insurance Program (CHIP) and State Children’s Health Insurance Program (SCHIP);^[27]

• Health Insurance through the Affordable Care Act;

• Tax Credits;

• Transportation vouchers or other non-cash transportation services;

• Housing assistance under the McKinney-Vento Homeless Assistance Act;^[28]

• Energy benefits such as the Low Income Home Energy Assistance Program (LIHEAP);^[29]

• Educational benefits, including, but not limited to, benefits under the Head Start Act;^[30]

• Student loans and home mortgage loan programs; and

• Foster care and adoption benefits.

As there are multiple federal and state public benefits programs, USCIS is unable to list all programs not included within the public charge inadmissibility determination.

Yes, the I-485 receipt notice is needed as proof an applicant to LPR.

 

[HRQX 4,145]

55 minutes ago, goursh said:

Does this mean my fiance (K-1 visa, breastfeeding mother of a USC) doesn't need to mention WIC on her i-944 for her AOS?

Don't mention WIC at all on I-944. Only mention the benefits listed on Page 8 of the instructions: https://www.uscis.gov/sites/default/files/document/forms/i-944instr-pc.pdf

In the space provided, indicate whether you have ever received, currently receive, or are currently certified to receive any of the following public benefits. (You must respond even if you fall within one of categories of individuals for whom receipt of public benefits will not be considered – see the table below for evidence that must be provided to document that you qualify for the exclusion). Please select all that apply. 
1. Any Federal, State, local, or tribal cash assistance for income maintenance;
2. Supplemental Security Income (SSI);
3. Temporary Assistance for Needy Families (TANF); 
4. Federal, State or local cash benefit programs for income maintenance (often called “General Assistance” in the State context, but which may exist under other names);
5. Supplemental Nutrition Assistance Program (SNAP, or formerly called “Food Stamps”);
6. Section 8 Housing Assistance under the Housing Choice Voucher Program; 
7. Section 8 Project-Based Rental Assistance (including Moderate Rehabilitation);
8. Public Housing under the Housing Act of 1937, 42 U.S.C. 1437 et seq.; and
9. Federally funded Medicaid.

[goursh 3]

1 hour ago, HRQX said:

Don't mention WIC at all on I-944. Only mention the benefits listed on Page 8 of the instructions: https://www.uscis.gov/sites/default/files/document/forms/i-944instr-pc.pdf

 

Thanks!

[David and Anna 118]

We are just now starting on this (married 10 days ago on K-1) and I'm hoping to tap into the group's experience and expertise to guide us a bit. Specifically, I've read in various places (including here) contradictory information about what documents are really needed. Here is the list we created from reading the form and instructions:

 

1.    Household member (USC) tax transcripts 
2.    Household member (USC) asset statements
3.    Beneficiary credit report or not credit letter
4.    Beneficiary tax returns and translations
5.    Beneficiary asset statements and translations
6.    Beneficiary Higher education equivalency certifications (she graduated high school and medical school)
7.    Beneficiary Diploma translations (she graduated medical school in her native country)
8.    Beneficiary Medical license translations (she is a doctor in her native country)
9.    Beneficiary IELTS English test results (she had to take the IELTS english exam to work in the UK hospital)
10.    Beneficiary Health Insurance Proof
 

Could you tell us if you are aware of any of these that are not required (and why or source for that)?  

 

And if there are any we are missing (source again)?

 

Thank you so much!

 

 

[David and Anna 118]

We are preparing our AoS package and I am hoping to compare and learn from everyone here as to which supporting documents you included with your I-485.  Here is the list that we came up with:

 

1.      Copy of beneficiary's Passport with biographical page

2.      Copy of beneficiary's K1 Visa from Passport and entry stamp

3.      Copy of NOA2 Approval letter (from K1 process)

4.      I-94

5.      I-129F in full or portions?

6.      Wedding Photos?

7.      Historical Pictures?

8.      Description and history of relationship (from I-129F)?

9.      Copy of beneficiary's Birth Certificate

10.   Translation of birth certificate (if needed)

11.   Prior Divorce court order (if applicable)

12.   Certified copy of Marriage License

13.   Passport Photos (2) name written on the back

14.   Proof of USC's citizenship (copy of birth certificate, copy of passport bio page, or other)

15.   Copy of DS-3025

16.   Form G-1145

 

Please share if you had any documents we are missing and if you feel that any of these are not needed.

 

Thanks!

[Duke & Marie 1,389]

I provided all the above (excluding medical stuff since that’s not my profession), in addition I added proof of my student loan status since I still had a small amount outstanding, both mine and my husbands 401k / retirement funds details and my military records, which would most likely not be applicable to your wife. 

Edited March 6, 2021 by Duke & Marie

[payxibka 10,045]

41 minutes ago, David and Anna said:

We are preparing our AoS package and I am hoping to compare and learn from everyone here as to which supporting documents you included with your I-485.  Here is the list that we came up with:

 

1.      Copy of beneficiary's Passport with biographical page

2.      Copy of beneficiary's K1 Visa from Passport and entry stamp

3.      Copy of NOA2 Approval letter (from K1 process)

4.      I-94

5.      I-129F in full or portions?

6.      Wedding Photos?

7.      Historical Pictures?

8.      Description and history of relationship (from I-129F)?

9.      Copy of beneficiary's Birth Certificate

10.   Translation of birth certificate (if needed)

11.   Prior Divorce court order (if applicable)

12.   Certified copy of Marriage License

13.   Passport Photos (2) name written on the back

14.   Proof of USC's citizenship (copy of birth certificate, copy of passport bio page, or other)

15.   Copy of DS-3025

16.   Form G-1145

 

Please share if you had any documents we are missing and if you feel that any of these are not needed.

 

Thanks!

Delete 5,7,8 as not needed

12 is regular photo copy not certified 

 

 

[David and Anna 118]

Question for the UK folks - tax related.  

 

What are you using for your "immigrant's foreign tax return" required by the I-944?  

 

(I'm asking because my fiance didn't file a UK tax return (or any other tax return) when she worked in London the past two years because our understanding was that she did not have to if her only income source was from her employment under UK law.  Is anyone else in that situation?  What to send with the I-944 then?)

 

Thanks!

Edited March 7, 2021 by David and Anna

[An&Je 33]

Her P-60’s are her tax return(s). If you only have your salary as Income and no complex tax situations, you earn PAYE (pay as you earn) in the UK. Your employer is legally required to provide you a P-60 every year (usually end of April) as the UK tax year is May to April. 

[David and Anna 118]

29 minutes ago, An&Je said:

Her P-60’s are her tax return(s). If you only have your salary as Income and no complex tax situations, you earn PAYE (pay as you earn) in the UK. Your employer is legally required to provide you a P-60 every year (usually end of April) as the UK tax year is May to April. 

Thank you, that's what I was hoping for.  We included the P60 in her I-944 filing.

[David and Anna 118]

We are filing I-485 AoS for a K-1.  The example on this site leaves this blank...is that correct or should this have the I-129F info here as the "underlying petition"?  

 

Confused, appreciate your help.  Thanks.

[David and Anna 118]

Thanks.  I got the "no credit letter" for my immigrant wife, but can't confirm one way or the other if I need to include my credit report (its 20 pages and I'd rather not if its unneeded).

Thanks!