A Polite Parrot

18 hours ago, Alvaro Vargas said:

Hello!

I received approval of my I-485 AOS on April 10 of 2023.

Given the green card came with the respective conditions, I'd like to confirm the following; if my husband and I got married in late January of 2022.

-Can we file for I-751 in February of 2024?

-Or do we have to wait until 2025 for the green card to be 90 days from expiring? 

Thanks!

You will need to wait because you were not married more than 2 years prior to your AOS approval date. See this page for details.

Use this calculator to find the earliest day you can file.

I'd suggest using the visa Journey forum to get more responses to any future questions.

16 hours ago, elkski said:

the guide hasn't been updated..  tIm totally confused the more I try to read these threads.   IT seems like AOS for K1 people should be the place to go for the latest info.

These are tips to supplement the Adjustment of Status (Green Card) Guide for K1 and K3 Visa Holders.

Another reminder to always check: an appeals court has issued an administrative stay, which means the public charge rule is back in effect. 😵

11 hours ago, Deb123 said:

I think the form is now back up, should we still fill it in then?

As if we all needed the reminder, but we should always check with the official websites regarding these crazy changes (or check with a lawyer). Since I posted this the order was allow to continue for new applicants, but then just the other day (Nov 2) the AILA announced the following,

Quote

A district court ruled in Cook County that the public charge rule violated the APA. Therefore, the court immediately set aside the DHS Public Charge Rule nationwide without staying its decision pending appeal. The district court vacated the DHS final rule on public charge as well as DHS’s request to stay the judgment. This ruling is to take effect immediately thus DHS may not apply the public charge after the date of the order.

Therefore, we are back to the Public Charge form not being legally accepted but that doesn't promise that the rule will be (and likely) appealed by the administration which may lead to the form being required... again.

How the USCIS is currently managing all these changing dates is beyond me but you may want to prepare the paperwork as a backup if not include it in your application to be conservative.

6 hours ago, nobu said:

As of today, I cannot find this form on the UCIS website, it gives a Page Not Found Error https://www.uscis.gov/i-944

At this moment the form is no longer required due to an Injunction of the Inadmissibility on Public Charge Grounds Final Rule.

Quote

 

On July 29, 2020, the U.S. District Court for the Southern District of New York (SDNY) in State of New York, et al. v. DHS, et al. and Make the Road NY et al. v. Cuccinelli, et al. enjoined the Department of Homeland Security (DHS) from enforcing, applying, implementing, or treating as effective the Inadmissibility on Public Charge Grounds Final Rule for any period during which there is a declared national health emergency in response to the COVID-19 outbreak. (84 FR 41292, Aug. 14, 2019, final rule; as amended by 84 FR 52357, Oct. 2, 2019, final rule correction)

 

On Jan. 31, 2020, the Secretary of Health and Human Services declared a public health emergency, effective Jan. 27, 2020, under section 319 of the Public Health Service Act (42 U.S.C. 247d), in response to COVID-19. On Feb. 24, 2020, DHS implemented the Public Charge Rule to be applied prospectively to any application or petition postmarked, or if applicable, submitted electronically on or after that date. On March 13, 2020, the President issued Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak. On the same day, USCIS issued an alert addressing COVID-19 and public charge determinations under the Public Charge Rule.

 

As long as the July 29, 2020, SDNY decision is in effect, USCIS will apply the 1999 public charge guidance that was in place before the Public Charge Rule was implemented on Feb. 24, 2020 to the adjudication of any application for adjustment of status on or after July 29, 2020. In addition, USCIS will adjudicate any application or petition for extension of nonimmigrant stay or change of nonimmigrant status on or after July 29, 2020, consistent with regulations in place before the Public Charge Rule was implemented; in other words, we will not apply the public benefit condition.

 

For applications and petitions that USCIS adjudicates on or after July 29, 2020, pursuant to the SDNY injunction, USCIS will not consider any information provided by an applicant or petitioner that only relates to the evidence required by the Public Charge Rule, including information provided on the Form I-944 or any supporting documentation included with that form, or information on the receipt of public benefits in Part 5 on Form I-539, Part 3 on Form I-539A,  Part 6 on Form I-129, or Part 6 on Form I-129CW, or any additional documentation pertaining to the public benefit condition. 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.

 

USCIS will issue guidance regarding the use of affected forms. In the interim, USCIS will not reject any Form I-485 on the basis of the inclusion or exclusion of Form I-944, nor Forms I-129 and I-539 based on whether Part 6, or Part 5, respectively, has been completed or left blank.

 

In any public charge inadmissibility determination, USCIS will consider the receipt of public benefits consistently with prior public charge guidance – the 1999 Interim Field Guidance (PDF) and AFM Ch. 61.1. (PDF, 77.92 KB)