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JuJu83

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Posts posted by JuJu83

  1. Found below comment from this site: https://cliniclegal.org/resources/ground-inadmissibility-and-deportability/public-charge/state-departments-new-fam-public

     

    The State Department has chosen to implement this new form and rule change in the most expedient way possible. Rather than giving immigrant visa applicants time to prepare for the changes and apply the DS-5540 only to those who are filing the DS-260 after the effective date, the agency is applying it immediately. In response to public comments on the DS-5540, the agency writes: ”once the DS-5540 is approved, consular officers may ask visa applicants orally or in writing (i.e., using the form) any or all of the questions from Form DS-5540 necessary for the consular officer to make the public charge determination.”

    -----------------------------------

    Based on this announcement, and until we receive further clarification, clients should be prepared for heightened public charge screening when they appear for consular interviews beginning on February 24, 2020. Clients already scheduled for an interview, including those scheduled in the future and whose DS-260 was submitted before February 24, 2020, should bring with them a completed DS-5540 together with supporting documents. Practitioners should also prepare a letter/statement summarizing the positive public charge factors and explaining why the applicant is not likely to become a public charge based on the new FAM guidance. This is particularly important given the FAM guidance on when consular officials should designate a refusal based on INA § 221(g)—insufficient documentation—or based on INA § 212(a)(4)—public charge inadmissibility. It states:

    Applicants who [sic] you determine are more likely than not to become a public charge at any time after admission even after the presentation of additional evidence, should be refused under INA 212(a)(4) instead of INA 221(g); however, you must provide applicants an opportunity to provide a completed DS-5540 before you refuse an application under INA 212(a)(4).

    Given that there is little or no accountability regarding what an officer communicates to the applicant concerning the documentation he or she should submit in connection with the DS-5540, clients should come prepared to submit as much as possible. Practitioners should even have clients practice submitting the documentation during a mock interview, given that in many cases the officer will not specifically request it.

  2. 4 hours ago, Tofu said:

    You need to bring all (original) documents that were sent to the NVC to your interview.  It is wise to have a copy of 2019 taxes if they are available by the time of your interview date. 

    I have uploaded my 2019 tax return, w2, and 1099s...Instead of bring all original of these doc, Can my relative just bring the 2019 transcript instead. The reason of that I can just email my 2019 transcript instead of mailing all tax return docs overseas.

  3.  

    10 minutes ago, LilyJ said:

    You could always sign and date it in ink now and upload it under "additional documents" with a comment saying it is a fixed version of the I864, that way you can avoid getting rejected and avoid having to use the new form in case they require it with AOS after Feb 24

    Should I mention where the correction made in the fixed version? And also, dated with today's date or date back to match the original date signed?

  4. On 2/20/2020 at 5:02 AM, Knightgame185 said:

     

    Don't do it electronically if you read half of the people got rejected because of it.

     

    Make sure it is hand written signed and date in pen. and print the documents and re uploaded it that way it is not editable. 

    It let me typed the signature date and I did. I did not know we have to write the date as well....Have we had any rejection due to this issue? It makes me worry now...

  5. If you are currently unemployed, then the previous work & education screens show up. I have tried this way and go back to change the present with filled employment info, the previous/education were then gone.

     

    I was worrying about making mistakes as well. I am taking it as optional!! Submitted without previous work/education this week. I am praying thing will go well🙏

     

  6. On 2/17/2020 at 10:30 PM, otta said:

    Did you work this question out? I logged back in today and my answers for travel history were wiped again! Even though I'd logged back in a couple times before and the travel info was there, it's now gone again...

    It seems work better in Chrome. It kept my saved travel history at least 2 days before I finalized and submitted it. Tired of missing info....

  7. 21 hours ago, Sarge2155 said:

    It means that on the 24th they will not accept any of the old forms (I-485) whether you file electronically or mail them in. If you do  use them on the 24th they will reject the entire packet.

    I am on the electronic path. There are multiple submit buttons. I am not sure the Feb24 deadline is applicable for which submission. If they see the I864 is an independent submission, then I can submit I864 old form this week.

     

    DS-260 - submit

    I864 - submit

    civil doc - submit (this is the final submit for whole application). <-- I am still collecting doc and won't catch the Feb24 date.

     

  8. 31 minutes ago, Sarge2155 said:

    The new forms can not be used  prior to the 24th. Why would you want to use the new forms? Perhaps you better look at the new I-944 form!

    "The final rule will apply only to applications and petitions postmarked (or if applicable, submitted electronically) on or after Feb. 24, 2020."

     

    Hi @Sarge2155 do you know if they meant the deadline above is the submission with all civil doc as well? I want to submit the old I864 AOS  & DS260 by Feb 24, but yet uploading documents in next few weeks.

  9. On 2/5/2020 at 8:05 PM, billymaro said:

    My father is a greencard  holder and petition his minor child (my sister) and my dad lives with me and my husband . my dad income is under poverty level and my income is also under poverty level , however my husband income is most sufficient . i am a little bit confused if i need to sign the I-864 A as well as my husband so that we can combine our income , or just have my husband which is the son in law to just be a joint sponsor? thank you 

    Hi are you using the existing I864 form or new version? I am confused if I am on time and try to understand which is the submission date applied for the Feb 24 deadline

     

    the DS-260, I-864(old), and all civil documents by Feb 24.

    or

    the DS-260 and I-864(old) only by Feb 24.

    or

    the I864 (old) + tax document only by Feb 24

  10. 2 minutes ago, otta said:

    This happened to me in Firefox just days ago, multiple times with this very question! Finally had to enter each country, hit "save" at the bottom (not the "next" button), enter the next country, save again and so on, and it saved it for good. Or hopefully Chrome works better, as recommended above. But this question had me thinking I was going crazy, because info kept disappearing.

    I clicked save, exit, logout many times for the past few days with different times/PCs. still disappeared! It's very random.

  11. 3 minutes ago, RCable said:

    I did 2016-2018 as my most recent tax years. I also submitted my 2019 W-2, 6 most recent payslips, and a copy of the 2019 tax return which I had to mail in. I put in the cover letter that if I have my 2019 tax transcript by the time of the interview that my husband will bring that as well. I know we’re good based on my income. But my documents won’t be checked by the NVC probably for another month, so we’ll see if they accept them.

     

    But, at the time of submitting the I-864 2018 was my most recent tax transcript and it will be until the IRS accepts my 2019 one.

    Thanks. I am waiting to get my logon to print out 2018 tax transcript. I may upload the explanation letter while uploading evidence online.

  12. 3 minutes ago, Paul & Mary said:

    I haven't had any issues in google chrome.   I'd advise keeping a copy of your travel and work history in a separate document that you keep updated as these questions also come up if you apply for other visas or in other processes.

    Thank you. Just this session is having issue at the moment. I will try using Chrome.

  13. On 1/23/2020 at 7:53 PM, RCable said:

    Hello, we're almost at the NVC document stage. I was just going through the I-864 document again and I'm not sure what to do. We will likely be uploading things next week, however, I only just received my W-2 today. I wasn't planning on submitting my taxes until closer to April. So the timing is a little iffy with the "most recent tax year" tax return. 

    I'm planning on submitting 2016, 2017, 2018, and my most recent W-2. Then, since my husband's interview is in Montreal, we're looking at like a 6 month wait for the interview, I can give him the 2019 tax return in case they ask for it. My income definitely isn't a problem. I just want to make sure that this is the right thing to do, since it's still pretty early in the year and taxes aren't due yet. 

     

    Also, when it asks for income, should I put my base salary, or on average what I earn with overtime? My base salary alone is more than fine to be his sponsor, but my actual income is on average 150% my base salary with overtime. 

     

    Thanks for any suggestions & help! I want to make sure no documents get rejected at this stage as I've heard it can delay everything. 

    Hello, I am facing a similar situation. I don't want to wait too long for tax transcript before submitting the I864. For Part 6 24a-c did you enter tax year 2016-2018 instead?

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