Form I-944 and beneficiary student debt

[pooj97 89]

Hello everyone, me and my fiancé have just received our NOA2 for the K1 petition so we are still a long time away from filing for AOS. However, I wanted to know if the beneficiary having student loan debt and/or credit card debt from his home country would affect AOS and the new public charge rules? Specifically while filling out the I-944 form? Thanks

[Greenbaum 12,259]

29 minutes ago, pooj97 said:

Hello everyone, me and my fiancé have just received our NOA2 for the K1 petition, so we are still a long time away from filing for AOS. However, I wanted to know if the beneficiary having student loan debt and/or credit card debt from his home country would affect AOS and the new public charge rules? Specifically, while filling out the I-944 form? Thanks

According to the I-944 instructions all "household" debt must be reported. Since you are married now his and her debt is combined as household debt. See Part 2. Family Status (Your Household) from I-944 instructions. Link is below.

 

Liabilities/Debts Item Number 10. Liabilities/Debts. Provide a list of all your liabilities or debts. Examples of liabilities and debts include mortgages, car loans, unpaid child or spousal support, unpaid taxes, and credit card debt. Provide documentation for each liability. 

 

https://www.uscis.gov/system/files_force/files/form/i-944instr-pc.pdf?download=1

[pooj97 89]

51 minutes ago, Greenbaum said:

According to the I-944 instructions all "household" debt must be reported. Since you are married now his and her debt is combined as household debt. See Part 2. Family Status (Your Household) from I-944 instructions. Link is below.

 

Liabilities/Debts Item Number 10. Liabilities/Debts. Provide a list of all your liabilities or debts. Examples of liabilities and debts include mortgages, car loans, unpaid child or spousal support, unpaid taxes, and credit card debt. Provide documentation for each liability. 

 

https://www.uscis.gov/system/files_force/files/form/i-944instr-pc.pdf?download=1

Would debt affect AOS? Could we be denied possibly? 

[Greenbaum 12,259]

55 minutes ago, pooj97 said:

Would debt affect AOS? Could we be denied possibly? 

If you are reporting debt in the I-944 and it's now a part of the public charge rules, I guess the answer is yes. What other basis would they have to ask it?

Edited April 11, 2020 by Greenbaum

[Akrapovic 31]

55 minutes ago, Greenbaum said:

According to the I-944 instructions all "household" debt must be reported. Since you are married now his and her debt is combined as household debt. See Part 2. Family Status (Your Household) from I-944 instructions. Link is below.

 

Liabilities/Debts Item Number 10. Liabilities/Debts. Provide a list of all your liabilities or debts. Examples of liabilities and debts include mortgages, car loans, unpaid child or spousal support, unpaid taxes, and credit card debt. Provide documentation for each liability. 

 

https://www.uscis.gov/system/files_force/files/form/i-944instr-pc.pdf?download=1

I agree with you that the alien needs to provide his liabilities and debts. However the instructions say "Provide a list of all your liabilities or debts." Which to me is the singular "your" because the form is talking to the applicant: the alien. Not plural, like "your and your households". In other items, they are very specific about this:

 

Part 3. Item 6: "If you or your household members ..."

Part 3. Item 9: "Provide ... assets and ressources available to you and your household ..."

 

and so on.