Submitting I-944 without Proof of Education or English Proficiency

[SeanDowney0309 47]

Hi all, 

 

I have a question regarding evidence required for the I-944 form. Unfortunately I don't have the original copies of my school exams certificates, so I need to get replacements.  The exam board I need to contact for replacements (AQA in the UK) has temporarily closed due to covid-19. Myself (the beneficiary) and my wife are planning on submitting our AOS package soon, within a few weeks as everything else is nearly in place. 

 

I was just wondering if anyone else has been in a similar situation, unable to get school certificates? I'm hoping a letter explaining my situation and stating my intent to get my school certificates and have them ready for my interview will be ok...

[Livmor 8]

I'm in the same boat, also from an English speaking country (Canada), and my proof of high school english course is unobtainable because everything is closed. 

 

I wrote a detailed explanation, trying to be as polite as possible while pointing out that my passport, official documents, and Uni records were all in English.... not sure what else to do

[p.dang 49]

I did the same thing for my wife. All the school are closed back home for her. So we can’t get any transcript for equivalent education. So we wrote a letter detailing because of corona virus closed the school and sign it. We sent that with the I-944

Edited April 25, 2020 by p.dang

[SeanDowney0309 47]

Hi, 

 

Thank you for your responses @Livmor & @p.dang. So you have both submitted your AOS package without the proof of education or english proficiency? Did you state in the letter that you would provide the evidence at the interview? Or did you just explain the you were unable to obtain due to covid-19?

 

Many Thanks 

[p.dang 49]

I just explain why I didn’t have them currently. So I will wait to see what happen like everyone else that is in the same situation 

Edited April 25, 2020 by p.dang

[SariEva 17]

2 hours ago, SeanDowney0309 said:

Hi, 

 

Thank you for your responses @Livmor & @p.dang. So you have both submitted your AOS package without the proof of education or english proficiency? Did you state in the letter that you would provide the evidence at the interview? Or did you just explain the you were unable to obtain due to covid-19?

 

Many Thanks 

Another option is to email the AQA.  Their website says they aren't processing requests for past certification, but they may reply via email telling you as much and you could include that email with your AOS package as proof that you've attempted to retrieve the required evidence, and have a valid reason for not including it at this time.  You may even get lucky and the AQA will reply with a better answer, as to how you can retrieve the evidence while they are closed.  

 

You probably already have this, but here is contact info I found on their website.  

If you can, please email us instead.

Tel: 0800 197 7162

Email: eos@aqa.org.uk, results@aqa.org.uk

 

Hope this helps.  Good luck!

[SeanDowney0309 47]

I just noticed after reading through the I-944 instructions again that in the section  Your Education and Skills (Page 11, Item Number 2 & 3) it says the following: 

 

If it is available, you must provide evidence of any degrees or certi cations received, such as transcripts, diplomas, degrees, and trade profession certi cates or equivalent (if this evidence is unavailable, you should provide an explanation and, if possible, evidence of unavailability such as a letter from the issuing institution).

 

At the start it clearly states IF IT IS AVAILABLE...so I'm hoping a letter explaining my situation along with the proof I have of unavailability will be sufficient 

The USCIS Policy Manual on Public Charge Summary for Immigration Practitioners.pdf

[SeanDowney0309 47]

2 minutes ago, SariEva said:

Another option is to email the AQA.  Their website says they aren't processing requests for past certification, but they may reply via email telling you as much and you could include that email with your AOS package as proof that you've attempted to retrieve the required evidence, and have a valid reason for not including it at this time.  You may even get lucky and the AQA will reply with a better answer, as to how you can retrieve the evidence while they are closed.  

 

You probably already have this, but here is contact info I found on their website.  

If you can, please email us instead.

Tel: 0800 197 7162

Email: eos@aqa.org.uk, results@aqa.org.uk

 

Hope this helps.  Good luck!

Thank you for your response, yes I actually did that already and they did respond. So we will submit the email and a screenshot from the AQA website as proof they are closed and that I was unable to retrieve my old school certificates. 

 

 

[SariEva 17]

2 minutes ago, SeanDowney0309 said:

I just noticed after reading through the I-944 instructions again that in the section  Your Education and Skills (Page 11, Item Number 2 & 3) it says the following: 

 

If it is available, you must provide evidence of any degrees or certi cations received, such as transcripts, diplomas, degrees, and trade profession certi cates or equivalent (if this evidence is unavailable, you should provide an explanation and, if possible, evidence of unavailability such as a letter from the issuing institution).

 

At the start it clearly states IF IT IS AVAILABLE...so I'm hoping a letter explaining my situation along with the proof I have of unavailability will be sufficient 

The USCIS Policy Manual on Public Charge Summary for Immigration Practitioners.pdf 135.55 kB · 0 downloads

That is a logical assumption, but because they've differentiated Occupational Skills and English Skills into two different sections, I worry that the section 4 instructions may not apply to section 5.  Especially because section 5 doesn't have the same language.  At this point, it's worth a try, but I would wait as long as you can before filing the AOS, because it does sound like it's a required portion of the I-944 form.  You don't want to give them any reason to deny your application. 

[SariEva 17]

Another thought, is to seek proficiency in the US.  We didn't have to complete form I-944, but after we married, and before my husband could work, he completed a GED program in the US.  There is an English proficiency test in the GED program.  Obviously those will also be closed due to Covid, so it might not be an option either, but there may be something online that you can enroll in. 

 

Section 5 of the instructions for form I-944 states "Provide any evidence of language certifications, including any language or literacy classes you took or are currently taking, or other evidence of proficiency."  Anything you're currently taking could be enough enough supporting evidence for your cause.  

 

For my husband, the GED process was much easier than trying to track down and have certifications evaluated for equivalency.  It can also be used for employment or educational pursuits. 

 

 

[SeanDowney0309 47]

4 minutes ago, SariEva said:

That is a logical assumption, but because they've differentiated Occupational Skills and English Skills into two different sections, I worry that the section 4 instructions may not apply to section 5.  Especially because section 5 doesn't have the same language.  At this point, it's worth a try, but I would wait as long as you can before filing the AOS, because it does sound like it's a required portion of the I-944 form.  You don't want to give them any reason to deny your application. 

Yes I did notice the difference in those sections and how in section 5 it says you must documentation of language proficiency. I don't know any other way to prove I speak English other than submitting my English GCSE certificate, which I am unable to do. Its so frustrating when I am an someone who was born and raised in England and only speaks English!!

 

I found a form in another post in this forum called:

The USCIS Policy Manual on Public Charge: Summary for Immigration Practitioners

 

In section 10 it says the following:

 

 

10. Education and English Proficiency

The test is whether the applicant has adequate education and skills to either obtain or maintain lawful employment. Having a high school degree or GED is a positive factor; not having a high school degree is a negative factor. Any college or post-secondary degree or enrollment is a positive factor. Current enrolment in high school or taking a full course of study in college, language, or vocational school is a positive factor. Proficiency in English or having “basic English skills” is a positive factor. This can be demonstrated by certifications received from language schools or current enrollment. The ability to understand and speak basic English can also be established later at the adjustment interview where the adjudicator can measure the applicant’s ability to understand and respond to questions. Proficiency in a language in addition to English that is needed at a job is also a positive factor. Limited or no English language proficiency is a negative factor, but the adjudicator can consider whether this affects the applicant’s ability to obtain or maintain employment. Documentation: diplomas or degrees; certification of English language school enrollment or course completion; current enrollment in high school or post-secondary school (at least 12 hours of instruction/week or vocational school (at least 12-22 hours of instruction/week).

 

 

[SariEva 17]

25 minutes ago, SeanDowney0309 said:

 Its so frustrating when I am an someone who was born and raised in England and only speaks English!!

 

 

I can only imagine!  It seems like such a huge waste of time and effort both on your part and the USCIS staff to have to verify that you speak English. It seems obvious, but I suppose for many immigrants it might not be so.  

 

I think we also have to wait to see exactly how much weight they apply to this new form.  Maybe it's not a big deal and they will simply accept the evidence you do have, along with the fact that you're coming from an English speaking country.  As with any change, there's a learning curve to see how it plays out.  Unfortunately for you, you're one of the test cases.   Best of luck!  Hang in there!

Edited April 25, 2020 by SariEva

[SeanDowney0309 47]

5 minutes ago, SariEva said:

I can only imagine!  It seems like such a huge waste of time and effort both on your part and the USCIS staff to have to verify that you speak English. It seems obvious, but I suppose for many immigrants it might not be so.  

 

I think we also have to wait to see exactly how much weight they apply to this new form.  Maybe it's not a big deal and they will simply accept the evidence you do have, along with the fact that you're coming from an English speaking country.  As with any change, there's a learning curve to see how it plays out.  Unfortunately for you, you're one of the test cases.   Best of luck!  Hang in there!

Thank you very much!

Yes very true...I guess time will tell 😀

Best of luck to you too...

[Livmor 8]

5 hours ago, SeanDowney0309 said:

Hi, 

 

Thank you for your responses @Livmor & @p.dang. So you have both submitted your AOS package without the proof of education or english proficiency? Did you state in the letter that you would provide the evidence at the interview? Or did you just explain the you were unable to obtain due to covid-19?

 

Many Thanks 

My theory was the less "excuses" (not really, but if someone's feeling mean they can use it like that) for not having something, the better, so I opted not to write about why I didn't have it, instead I just outlined again that the official language in my country of origin is English, that my degree is from a university that only offers courses in English, and all my documents are in English. I took a Shakespeare course in second year (offered through the English department), so I highlighted that on my transcripts just in case. I'm also hoping that the fact that I have Uni transcripts makes it pretty obvious that I finished high school...

 

I really think it's not worth their while to pursue that for anyone who obviously speaks English as a native language. It would literally be ridiculous to accuse someone from the UK of not speaking English (ya know... England....). I also think that it's worth getting the process moving as opposed to waiting months for things to re-open, and if the send an RFE for that one specific high school transcript, then I'll get it later, but honestly being out of status with all the craziness is scarier to me than a delay when I'll at least have the security of having an application in the system.