Questions about I-944

[YvetteS 178]

On 2/27/2020 at 4:17 PM, Fr8dog said:

needless to say, I did not have to deal with this stuff but a quick scan of the instructions https://www.uscis.gov/system/files_force/files/form/i-944instr-pc.pdf?download=1 gave me this for the tax return part:

 

If you are filing Form I-944 between January 1 and April 15 of any year, and you and/or your household members have
not yet filed the current year’s federal income tax return, submit IRS transcripts for the most recent tax year. At the time
of interview on your application, an officer may request the tax return transcripts for the current tax year. Submit any tax
transcripts for any income taxes that you or your household members filed with any foreign government if you or your
household members were residing outside of the United States during any time within the most recent tax year and you
were not required to file a federal individual income tax return with the United States government.

page 6 of 15

 

Credit score:

Item Numbers 11. - 12. Credit Card Score and Report. USCIS will review your U.S. credit report and the credit score
submitted with your declaration, if available, to review your financial status. If it is available, identify the latest credit
score number.
You can obtain a free credit report once a year under the Fair Credit Reporting Act from each one of the three credit
reporting agencies. You are only required to provide one credit report from any of the three nationwide credit reporting
agencies, Equifax, Experian, and TransUnion. See https://www.usa.gov/credit-reports for more information. If there
are any errors in the credit report, you should provide evidence from the credit reporting agency that demonstrates that
you reported the error and that the error is under investigation or has been resolved.
If you have any negative history in your credit report, you may provide an explanation in the designated area of this
form. Negative credit history may include delinquent accounts, debt collections, charge-offs (delinquent accounts deemed
unlikely to be collected), repossession, foreclosure, judgments, tax liens, or bankruptcy on your credit report.
If you do not have a credit report or credit score, provide documentation that demonstrates that you do not have a credit
report or score with a credit bureau. You may provide evidence of continued payment of bills if there is no credit report or
credit score.

page 7 of 15

 

The may in the last sentence to me means you can, if you want to, but it's not required. And than I'm assuming it is going to be one of those things you want to do if you don't have a lot of other stuff to show you are making money.

 

Edit:

As with all government forms, read the instructions and fill in/provide what is requested. Assumptions and guessing are never a good thing with these forms.

 

in general:

may: indicates you are allowed but it is not required.

must: indicates that it is required

should: indicates that it is expected but for some reason they cannot say must. (treat it as a must)

if available: indicates that you include it if you can get it, but if you cannot get it than that's ok to.

 

 

 

Thank you so much for your input. May I ask your opinion on the question below: For reference I am the recipient of a K1 visa and currently completing paper work to file for AOS. I have never worked in the US, but I have worked in Australia.

 

Where it says... 

 

Would you say 'yes' or 'no' if the tax return was filed in a foreign country? I filed my tax return for 2019 in Australia? 

 

I would appreciate your thoughts. Thank you.

[Viking 142]

On 3/1/2020 at 6:24 PM, Sbrisa said:

I can assure you that even having the SSN dosn't make things better unfortunately. I got mine a couple weeks ago, but I can't get a credit report & score cause every credit bureau's free check I tried (Equifax, Experian and TransUnion) gives me an error even after putting my entire SSN. Me and my husband contacted Equifax by calling them and the lady was very polite, so she suggested we send an e-mail to Equifax requesting a document that declares I don't have a credit score, cause that's what USCIS wants in the end, but they haven't answered yet and she said it could take weeks that we DO NOT HAVE.
My I-94/status expires next week, so me and my husband would like to send the whole AOS application by this coming friday, but we are missing this stupid credit score thing. I haven't cried as much in a while as I did last week.
Sorry about venting but I think you can understand the level of frustration we are facing 😔. I feel like we are USCIS's new cavies and obviously nobody can help us cause we are the first applicants that will have to face this enormous change.

what did you end up submitting in lieu of the document from the credit reporting companies  _

 

I feel your frustration and share it... we are in the same situation having to guess and hope is not ideal when the stakes are high...

[Viking 142]

On 3/9/2020 at 10:16 AM, Ruan & Emmanuel said:

Hello guys, 

 

Reading about the form 944 we came across a colleague statement which says "...remember that this form is being used to adjust status from many situations, not just K-1 and family based visas, so the questions apply to different people in different ways.  Entering on a K-1, yes, you will not have income because you cannot legally work". Encountering the issues towards the documents required as in credit score, credit report, income, language certification (since I'm self-educated in English and Spanish), we decided to risk and send the AOS without these documentations. We will only attached my U.S citizen documents (his tax return, w2, bank statement, pay stubs, etc...). If we receive a RFE later on, depending of what will be requested, we may provide it. 

 

have you received any feedback yet 

[Fr8dog 312]

On 3/28/2020 at 12:14 AM, YvetteS said:

Thank you so much for your input. May I ask your opinion on the question below: For reference I am the recipient of a K1 visa and currently completing paper work to file for AOS. I have never worked in the US, but I have worked in Australia.

 

Where it says... 

 

Would you say 'yes' or 'no' if the tax return was filed in a foreign country? I filed my tax return for 2019 in Australia? 

 

I would appreciate your thoughts. Thank you.

Sorry, have not been online for a few, but here we go:

You (the immigrant) does not "file" the AOS. Your USC spouse does. So for me the answer is yes (if the USC filed taxes) or one of the others. Your AUS income is not relevant as you were not a resident at the time and therefor not required to pay/file taxes for that period. But if I'm wrong I'm sure someone will chime in to correct me

[Ayrton 965]

15 minutes ago, Fr8dog said:

Sorry, have not been online for a few, but here we go:

You (the immigrant) does not "file" the AOS. Your USC spouse does. So for me the answer is yes (if the USC filed taxes) or one of the others. Your AUS income is not relevant as you were not a resident at the time and therefor not required to pay/file taxes for that period. But if I'm wrong I'm sure someone will chime in to correct me

That's not correct. The immigrant is the one applying for AOS. The USC is only the sponsor (main sponsor). The immigrant is the one adjusting status, so the immigrant is the applicant.

 

The second part is still unknown since the form just came out. But what you said is also not quite correct. For example, if a USC wants to file jointly with their spouse that arrived last year on k1, the couple must report all worldwide income, the foreigner spouse's included, even though they were not a resident last year.

 

I read that the instructions of the form says to send any return from any country, so better be safe than sorry and send everything you can.

[Viking 142]

10 hours ago, Ayrton said:

That's not correct. The immigrant is the one applying for AOS. The USC is only the sponsor (main sponsor). The immigrant is the one adjusting status, so the immigrant is the applicant.

 

The second part is still unknown since the form just came out. But what you said is also not quite correct. For example, if a USC wants to file jointly with their spouse that arrived last year on k1, the couple must report all worldwide income, the foreigner spouse's included, even though they were not a resident last year.

 

I read that the instructions of the form says to send any return from any country, so better be safe than sorry and send everything you can.

Should you get the tax returns translated ??

 

my Danish returns are unfortunately not available in English ..sigh

[Akrapovic 31]

1 hour ago, Viking said:

Should you get the tax returns translated ??

 

my Danish returns are unfortunately not available in English ..sigh

Unfortunately yes, anything in a foreign language needs to be translated according to the instructions. However, to my understanding, it need not be a certified translator, as long as the translator certifies that he is "competent".

[DarkSilver 21]

I feel like this would make a lot more sense if they required it at the interview and not when you first get here.  Then you would have the time to get a SSN, credit card, build a score, be on bills, etc.  As well as giving you a chance to show what kind of work you can get and what your income may be like.
 

It took us about 5-6 months to get to the point where this would be accessible and it would have drove me crazy trying to do all of it in 90 days.

[Viking 142]

47 minutes ago, DarkSilver said:

I feel like this would make a lot more sense if they required it at the interview and not when you first get here.  Then you would have the time to get a SSN, credit card, build a score, be on bills, etc.  As well as giving you a chance to show what kind of work you can get and what your income may be like.
 

It took us about 5-6 months to get to the point where this would be accessible and it would have drove me crazy trying to do all of it in 90 days.

couldn't agree with you more- nerves are frazzled and tensions high- now ADD COVID19 closure of public offices and similar... this is a virtually impossible and unattainable - the K1 visa do NOT allow for extension beyond the 90 days - so you must leave the country or overstay. with the risks involved..

this may be held against you in future process of Naturalisation- USCIS have not indicated any relaxation of K1 requirements- right now we are in the blessed situation that we actually managed to get married before the courts closed down for public access- and we do have our required marriage licence at hand.. at least that is something.  

 

my advise is to everyone ... get married when you arrive. and allow ample time for the paperwork - come prepared with your documents- make sure you have translations of your bank statements as well as your tax transcripts  from abroad- you also need validation of education documents and be able to document your language skills etc.. 

[TreverR 21]

So I just got off the phone with a USCIS agent asking about this form.  She took a moment to look up the form then asked me these questions: 

1. How did you're wife enter the US?

- K1 Fiance visa

2. Did you get married within the 90 days?

- Yes

3. Has she ever been deemed inadmissible for coming into the US

- No

 

After answering those questions she said then I am not required to submit a form i944 with the adjustment of status packet, only the form i485 with form i864 affidavit of support is needed.  I suggest you call USCIS with your case to be sure but that was what I was told directly.  

 

I'll try to remember to update you all on how it goes after I send it off. 

 

[Ayrton 965]

5 hours ago, TreverR said:

So I just got off the phone with a USCIS agent asking about this form.  She took a moment to look up the form then asked me these questions: 

1. How did you're wife enter the US?

- K1 Fiance visa

2. Did you get married within the 90 days?

- Yes

3. Has she ever been deemed inadmissible for coming into the US

- No

 

After answering those questions she said then I am not required to submit a form i944 with the adjustment of status packet, only the form i485 with form i864 affidavit of support is needed.  I suggest you call USCIS with your case to be sure but that was what I was told directly.  

 

I'll try to remember to update you all on how it goes after I send it off. 

 

People already received RFEs for not sending the new form.

[TreverR 21]

Well like i said, I called the agent asked the question and that's what she told me exactly.  If my affidavit of support doesn't suffice that she wont be a public charge then they will RFE it and I will send it.  

 

We will see what happens but just sent it off to the post office today.  

[Ayrton 965]

15 minutes ago, TreverR said:

Well like i said, I called the agent asked the question and that's what she told me exactly.  If my affidavit of support doesn't suffice that she wont be a public charge then they will RFE it and I will send it.  

 

We will see what happens but just sent it off to the post office today.  

What you said doesn't make sense. I-944 is not a required form of the Affidavit of Support. It has nothing to do with it. 

 

This form is required to be sent with the I-485.

 

Just send the form, even if you don't have all the evidence right now. Remember that not sending a required form is a straight denial now. Not sending an evidence still triggers a RFE.

 

And I'm not even comment that the USCIS customer support is often called Misinformation Line here in the forum.

Edited April 1, 2020 by Ayrton

[kec523 256]

2 hours ago, TreverR said:

Well like i said, I called the agent asked the question and that's what she told me exactly.  If my affidavit of support doesn't suffice that she wont be a public charge then they will RFE it and I will send it.  

 

We will see what happens but just sent it off to the post office today.  

Unfortunately, I agree with @Ayrton completely.  Did you read through the February forum?  There were many people who got rejected because of not having the 944 included.  And in my personal experience, as someone who has sent it and gotten rejected, my rejection letter stated that based on the selection made in part 2 of the i-485 (K-1) I needed the 944 and 864. And I didn't even *not* submit the 944, I just left one question blank! What did you put for part 8, question 61 on the 485?  That your spouse was exempt?  When you read the directions referenced right there by the question, it clearly states that K-1 applicants are not exempt.  I am sad that you got such incorrect advice, and sent your application so quickly without talking to more of us here.  Since you already sent it, nothing you can do but wait for the rejection, but while you are waiting I highly suggest that you work on the 944 so you can refile as soon as possible when you get your application back.  

[TreverR 21]

Well #######... Until you asked me that question I didn't see the problem.  Sooo this is what happens when you take your time filling out USCIS forms and then an update happens inbetween.  We have been putting this packet together since we got married early February and they hadn't updated that form yet.  I never realized that they updated the form so with that new form it makes sense that you would submit an i944.  Welp now guess I just gotta wait for the rejection letter to update the packet.  The previous version of that form and the instructions never even mention the i944. 

 

Man I feel dumb now. 

 

Guess I'll get to work on 2 new forms now.  Thanks for the advice and hope someone reading over this in the future can learn from my costly mistakes.