AnonIndia

"Form I-944 is completed by the intending immigrant, i.e., applicant for adjustment of status, and requests information on the relevant factors as established by section 212(a)(4) of the Act, 8 U.S.C. 1182(a)(4), and the final rule, which are distinct from the requirements of the affidavit of support."
 
"List below all federal tax returns you and your household members listed in Part 2. above have filed within the last three years and attach a copy of the IRS transcripts as provided in the Instructions. If you did not reside in the United States for the given year, and you were not required to file a federal individual income tax return with the United States government, attach your foreign tax return for that year. If you were listed as a dependent on someone else's tax return, provide that person's tax return(s), in addition to your own."
 
What a mess.

precisely. there is a whole new framework to adjudicate the cases but some people insist it is just the same as before which is patently false. 

What are the chances for IR-5 visa?
Age: negative factor
Health: negative factor
English: negative factor
Ability to work: negative factor
 
The only thing can help them before is the form I-864, now I-864 is just considered a positive factor and is not enough to cancel out those negative factors.
I thought the Republican is a party of family value.
 
Nice way to cut legal immigration without going through Congress, all hail president Miller.

Correct - the minimum income will remain at 125%

Credit scores I have a problem with...I really wish they nixed that part of the rule before finalizing it. =\ Credit scores were not intended for this purpose, and when you use something for an unintended purpose, nothing good happens...
 
Right - there is uncertainty at this moment. But nothing in the rule that I've seen implies it affects naturalization applicants...just if they were actually inadmissible previously but that was not discovered at the time of adjudication of their application.
 
The 125% level remains as-is. The 250% level can be used as a heavily weighted positive factor to counter some negative factors regarding past usage of benefits.
 
"While USCIS will generally consider 250 percent of the FPG to be a heavily weighted positive factor in the totality of the circumstances, the minimum income threshold to be considered a positive factor in the totality of the circumstances is generally 125 percent of the FPG. More specifically, if the alien has income below that level, it will generally be a heavily weighed negative factor in the totality of the circumstances"
No

What’s kind of bothersome is they will apply this to citizenship applications and potentially bar anyone who earns under a certain amount from becoming a citizen. It seems ethically questionable since if an immigrant hasn’t used any government handouts and worked hard in the US, but incidentally doesn’t earn above a certain threshold, does that mean they are not good enough to be a citizen? 

250% seems way too high...I feel like most of us on here (and most americans) dont make that kind of money. I am grateful I am just waiting for my interview now...I hope some of these rules are reduced in the next couple of months. 

If I write that my teacher of English was offspring of “real American” ancestors will I have a better chance?😜😜

Why won't they divide income by state, some states are so much more affordable to live than others

Finally, a comment on this thread that I can actually agree with.  We received a K1 visa because I (the sponsor) make over the 125% poverty guideline.  I'm a couple thousand dollars off of the 250% guideline which means if I applied for this later,  we  wouldn't have gotten the visa.  This is insane to me, since we are living with no issue on my below 250% salary.  It is just a way to keep more people out of this country and I am amazed to see so many supportive comments on an IMMIGRATION forum.  Immigration is already expensive and hard enough, I am totally against making it EVEN harder for people who are working their ### off for this already.
 
 

I agree with this and its why again, Im kinda unsure who is supposed to fill it out? I get the affidavit is for the sponsor, and I saw that someone said the instructions mention the USC needs to fill it out. But some of us are still talking as if the immigrant themselves needs to report how much they make. 
 
So again, sorry if this is stupid to some of you (but obviously lots of us are confused), is the USC or the immigrant spouse going to be asked about their assets/income from overseas, which sounds difficult to prove/unfair. Or is it the sponsor, in which that case I agree and i see it just as a safety net for the US government to make sure that they an support the beneficiary. 

I thought that the whole point of affidavit of support was to ensure that immigrants don’t become public charges. All they really need to do is to make sure that sponsors are legally compelled to support those they sponsored. If a wealthy individual decided to sponsor a poor spouse/parent/sibling from overseas for example, they shouldn’t be penalized just because the applicant is poor. The sponsor should just be made to carry the consequences of their decision - if the immigrant becomes a liability, then said immigrant becomes the burden of the sponsor and not the government. By barring the immigrant entry based on how much he or she makes, they are essentially punishing both and USC and the immigrant for an unforeseeable potential outcome. 

Okay. I understand the "not using public benefits"portion of all of this. I agree with that as it's our job as sponsors to take care of our beneficiaries. My fiance won't even receive his K1 visa until Oct/Nov and by the time we marry and apply for his green card, we may not get it, according to these new regulations. The credit checks and 250% over poverty level is too much. This excludes (and I'm sure on purpose) those coming here from poorer countries, who also have lower income families that are supporting them. I make enough to support both of us until he can start working legally but not at 250%! This reeks of not only racism but of class-ism as well.

I woke up this morning feeling sick when somebody showed me this and I’m wondering if it’ll impact me moving to be with my fiancé.
 
We we’re going to apply in September this year but would it make sense to do it this month? We were just trying to balance it with us wanting to move next September.
 
We are both currently students who are about to graduate but I haven’t worked for the past two years due to having a baby and studying full time. However I still receive money in Australia and have a house deposit ready to go.
 
His father is going to sponsor us for K1. I’m just wondering are we screwed? Is there anything I can do to make sure we are ok? Is all hope lost?

I am sorry if it sounds ironic but the next thing is to be asked if you have a dowry before being granted a visa.......

I think when we start getting into the realm of credit history... it's going way too far into USC lives. I am a housewife, so I didn't have any credit history until my husband immigrated and built our credit. I was previously independent, cash only type of gal. Our cosponsor had a very good credit history, and we also both had savings, but I think the government delving into this is going too far. It tells you very little if anything. It is also still not a law that requires a person to have health insurance in this country.. that was pretty much the point of taking away the 'mandate' too. I certainly had health insurance when we originally applied for the K1, but he wasn't eligible to be on that until after marriage.

Following this topic closely as well. We only just had our NOA1 for i-130 so we're likely going to fall into this new rule category. I have multiple health issues that are being managed by medication and other treatment, and while most folks here seem to think they wouldn't be an issue, I now worry if that's going to change with these upcoming restrictions. I already expected I wouldn't be allowed to use any social welfare and didn't intend to, but who knows what they'll think. 
 
I've read that they will be factoring in things like past benefit use and credit score too. Is that of the petitioner or the beneficiary? Does someone have a link to the entire document and not just what's been parsed by the media? 

My understanding is that in practice right now the affidavit of support was considered sufficient for I-130 applications, e.g., a USC sponsoring his parents for a GC. The totality of circumstances introduces a metric and explicitly says that the affidavit of support is going to be just one of several factors that would be solely determined by the officer/agent and it would be upto him/her to decide based on all those factors whether a person is inadmissible to usa. 

I have read the proposed specifics of the rule. It introduces a "totality of circumstances" where an affidavit of support will no longer be enough for an immigrant applying for LPR. It gives the federal govt. agents wide discretion to judge a potential LPR application based on factors such as health, age, finances, education etc. But the most alarming thing is the discretion that the fed has appropriated in terms of evaluating factors not only at the present time of application but also the so-called totality extends into the future regarding the prospects of the LPR applicant's becoming reliant on public benefits. In other words, the fed. govt. will be deciding cases based on its uncontested and unknowable powers of clairvoyance.
The rule left out scholarships and funded TAships granted to foreign students under its ambit without conceding the point that those funded opportunities (majority of PHDs produced at US universities are fully funded) are considered some kind of public assistance and hence can be subject to public charge rule in the future. 
 

I second this as well because when I petitioned my now wife my credit score was in the mid-400s. Now 7 years later it's in the 700s.if they used the credit score model I would have been denied in 2012.

To each their own my friend. I know smart (removed) comments when I see them. As a millennial, I’m quiet aware of what the internet brings.  However, I’m new when it comes to forums. So it is greatly appreciated when someone actually takes the time to help me out, regardless of any shortcomings on my end. Which as stated before, I have no problems owning up to. This is all very new for me, And I find it just as annoying when someone who is aware on what I’m trying to convey, takes the time to criticize , rather than help; or even ask for clarification. So again,I really do appreciate the helpful/forgiving responses you provided. You gave the most insightful response despite my way of getting across my concern. I’m sure you would have still managed to have done without filler comments between our posts. That’s all I’m saying. Anyways, thanks again 

Let’s keep it positive ok? We are all on here to help each other out. 

My husband was asked for his CV at his ir1 interview. I expected since they had asked for this for is past b1/j1 visas. Oddly enough hubby didn't expect it. We had our interview on Nov 28th, webgave them digital and hard copy with in a week. During this time there was a goverment shutdown. But on march 20th after sending the embassy many emails, we finally was told we were approved.
 
His business trips were to a major USA airplane manufacturing company to conduit training and business meeting, and has been offically working one (different company) on his greencard for about 1.5 months now. His AP was triggered because of his engineering degree from Ukraine and what he did in Russia.
 
For his B1/J1 visas AP took 1 month, but this one took us nearly 4 months. Again we had a goverment shut down, and the russian embassy is under staffed.
 
Did you guys at least submit what they wanted, sorry I might have iver looked you saying that you replied to the email. They requested my hubby's 2 times. Digital hours bafter interview and then the hard copy the following day.

If you have Indian Visa and wife is there for 11 months then u have oci? If u have oci then apply for pancard also and get bank account.  My husband is Indian.  I got my pan and oci and got easily a joint account with him.  I dont know why u haven't been successful in a bank account.  Besides that.  Our case was similar.  Original interview was in October 2017.  Kept in ap for 8 months (same bonafide marriage docs as u) then returned to uscis.  We were again approved in Feb 2019.  And 2nd interview in June 2019.  They again put us in AP.  It's only been 2 weeks but it's very frustrating.  We are now IR1 since we have had our 3rd anniversary now.  Best of luck

Hey! Sorry for the late reply but here are some thoughts..

They need more proof that you guys are married and you have a life together as a husband & wife. Ultimately, the burden of proof is on you. So here are some suggestions: 
1.) Bank account should be super easy. I don't know why your bank says that they can't open one for you together/add your spouse to your account and make it a joint account, this you can do in a day or less. They can't deny you opening of a joint account once you're married and produce your marriage certificate. That too a registered one from the court. If one bank doesn't do it, go to another bank (HDFC is pretty good with this, esp. bigger branches where they deal with foreigners and do paperwork of that sort) and you should be able to do that easily. 

2.) Get affidavits from family & people who know that you both and know that you are married. Not the best proof, but now that you're dealing with a RFE you need to do this. 

3.) Get a lease in both of your name. Super easy if you have a friend/relative who own their own place. Just go to a notary and get a lease made. Should not take you more than a hour and a couple hundred bucks to do this. 

4.) Getting joint insurance policy should be easy enough. Couple thousand at most but it'll be worth it for the evidence. 

5.) Get as many chat logs/phone logs/sms/whatsapp etc logs that prove that you two have a life together and are living together and submit those at evidence. 

6.) More photos of both of you in different places, with different people, friends, family, different times etc. As much as you can. 

7.) Write a letter explaining your situation but also submit as much evidence with it as you can. Again, the burden of proving the authenticity of your relationship is on you and you alone. As much evidence as you can collect, it'll be good for you in the longer run too. 

Hope this helps. If you need anything else, let me know. Good luck & hope this goes well for you!