AOS: any feedback on i-944 yet?

[Scotriel 2]

Hi, I'm preparing my AOS filing as me and my fiance are getting married soon and I just read and re-read new i-944 form and all the instructions along with a lot of posts about it here. 
Since people started filing that form in february, I 'm hoping to get some good insights in here.

 

- Part 2: our household will just include me and my spouse, he is he petitioner and I'm the beneficiary, should I check YES for the question "is this individual filing an application for an immigration benefit with you (...) ? for the both of us or just for me? it sounds like it concerns people who would immigrate with me (like kids....) and not people who would petition for me! Just wanna clarify that

 

- Part 3: again I named myself in part A. and my husband in part B. but then the question for each of us is "Did you or your household member, whose income is being included, file a federal tax return ?" Of course he did but what about me? I didn't file it here because I was not living in the US but the question says "you or your household member". My first impulse was to say No and explain that I was not required to since I wasn't living in the US but the way they put it is confusing because if it's "me or him" then it would be yes for the both of us! 

 

- Part 3: Liabilities and Debts / Credit report and score / Health insurance /Public Benefits: question 9 specifically asks for "your household's assets and resources" which means mine AND my husband's but then questions 10 to 16 seems to be only about me since it just says "you". So for example, if my husband have currently applied to receive public benefits due to COVID-19 (until his business can reopen), I don't have to mention it because I didn't apply for any myself! Right?

 

- Part 4: Education and Skills: the first 2 parts make it sound OK if you don't have any college degrees or occupational skills but then the English and Language skills sound compulsory. It seems weird to me they would reject an application for that? I have a college degree and a pHD but it's all french and there's no way I can prove learning/speaking English was an important part of it. I never took the TOEFL because I learned english as a child/teenager and became pretty fluent! Any feedback on that? All I could read here was from English speaking natives beneficiaries, any non english speaking countries natives feedback? I really don't know what to reply to that, my first impulse was to leave it blank but reading posts here made me realize I might have to provide some sort of evidence even if weak!

Quick off topic subject: https://www.uscis.gov/about-us/uscis-response-covid-19 on this page, USCIS explains, in the section "Extension of Stay/Change of Status Filing Delays Caused by Extraordinary Circumstances Related to COVID-19" that if I came with an ESTA, I can ask for a 30 days extension due to COVID. I does sound like it's just an extension in case you're not able to leave the country in time. My i-94 expired a few days ago, should I be honest and try to get that extension even though I no longer have any intent on leaving the country or should I just stay out of status and hope for the best until I can file my AOS?

I'll be grateful for any replies. Thank you all

 

[geowrian 22,338]

29 minutes ago, Scotriel said:

Quick off topic subject: https://www.uscis.gov/about-us/uscis-response-covid-19 on this page, USCIS explains, in the section "Extension of Stay/Change of Status Filing Delays Caused by Extraordinary Circumstances Related to COVID-19" that if I came with an ESTA, I can ask for a 30 days extension due to COVID. I does sound like it's just an extension in case you're not able to leave the country in time. My i-94 expired a few days ago, should I be honest and try to get that extension even though I no longer have any intent on leaving the country or should I just stay out of status and hope for the best until I can file my A

There is no extension for a VWP travelers. One can request timer for a satisfactory departure (SD). USCIS can approve this, 30 days at a time. Every decision is discretionary.

 

That said, this would not apply to you because:

1) It was not timely requested.

2) You do not intend to depart - you are planning to stay.

 

File AOS as soon as you can. Being out of status is not a bar to AOS as the immediate relative of a USC, but it also does not protect you from being put into removal proceedings. It's not likely, but getting detained is not a fun experience.

Once AOS is properly filed, you will enter a period of authorized stay.

[Ally&Axel 43]

10 hours ago, Scotriel said:

Hi, I'm preparing my AOS filing as me and my fiance are getting married soon and I just read and re-read new i-944 form and all the instructions along with a lot of posts about it here. 
Since people started filing that form in february, I 'm hoping to get some good insights in here.

 

- Part 2: our household will just include me and my spouse, he is he petitioner and I'm the beneficiary, should I check YES for the question "is this individual filing an application for an immigration benefit with you (...) ? for the both of us or just for me? it sounds like it concerns people who would immigrate with me (like kids....) and not people who would petition for me! Just wanna clarify that

 

- Part 3: again I named myself in part A. and my husband in part B. but then the question for each of us is "Did you or your household member, whose income is being included, file a federal tax return ?" Of course he did but what about me? I didn't file it here because I was not living in the US but the question says "you or your household member". My first impulse was to say No and explain that I was not required to since I wasn't living in the US but the way they put it is confusing because if it's "me or him" then it would be yes for the both of us! 

 

- Part 3: Liabilities and Debts / Credit report and score / Health insurance /Public Benefits: question 9 specifically asks for "your household's assets and resources" which means mine AND my husband's but then questions 10 to 16 seems to be only about me since it just says "you". So for example, if my husband have currently applied to receive public benefits due to COVID-19 (until his business can reopen), I don't have to mention it because I didn't apply for any myself! Right?

 

- Part 4: Education and Skills: the first 2 parts make it sound OK if you don't have any college degrees or occupational skills but then the English and Language skills sound compulsory. It seems weird to me they would reject an application for that? I have a college degree and a pHD but it's all french and there's no way I can prove learning/speaking English was an important part of it. I never took the TOEFL because I learned english as a child/teenager and became pretty fluent! Any feedback on that? All I could read here was from English speaking natives beneficiaries, any non english speaking countries natives feedback? I really don't know what to reply to that, my first impulse was to leave it blank but reading posts here made me realize I might have to provide some sort of evidence even if weak!

Quick off topic subject: https://www.uscis.gov/about-us/uscis-response-covid-19 on this page, USCIS explains, in the section "Extension of Stay/Change of Status Filing Delays Caused by Extraordinary Circumstances Related to COVID-19" that if I came with an ESTA, I can ask for a 30 days extension due to COVID. I does sound like it's just an extension in case you're not able to leave the country in time. My i-94 expired a few days ago, should I be honest and try to get that extension even though I no longer have any intent on leaving the country or should I just stay out of status and hope for the best until I can file my AOS?

I'll be grateful for any replies. Thank you all

 

Hello my fellow frenchie,

 

Congrats on getting married soon and adjusting your status.

1) you're right so it is just you filling for an immigration benefit

2) good question and honestly I'm not too sure about this one. I would say yes but then write an explanation on the last page of the form.

3) You're right, this section concerning public benefits is only for you.

4) for this one you could ask a note from one of your english professor saying that you can speak and understand english, if you still have contact with them of course. Otherwise I would dig up in one of those college transcript showing you took and english class and off course have those transcript translated - and possibly evaluated by one of the NACES accredited program such as WES, possibly because it's a bit of a gray area here.

 

Good luck to you mon cher concitoyen 😂

[Regdkp 53]

10 hours ago, Scotriel said:

Hi, I'm preparing my AOS filing as me and my fiance are getting married soon and I just read and re-read new i-944 form and all the instructions along with a lot of posts about it here. 
Since people started filing that form in february, I 'm hoping to get some good insights in here.

 

- Part 2: our household will just include me and my spouse, he is he petitioner and I'm the beneficiary, should I check YES for the question "is this individual filing an application for an immigration benefit with you (...) ? for the both of us or just for me? it sounds like it concerns people who would immigrate with me (like kids....) and not people who would petition for me! Just wanna clarify that

 

- Part 3: again I named myself in part A. and my husband in part B. but then the question for each of us is "Did you or your household member, whose income is being included, file a federal tax return ?" Of course he did but what about me? I didn't file it here because I was not living in the US but the question says "you or your household member". My first impulse was to say No and explain that I was not required to since I wasn't living in the US but the way they put it is confusing because if it's "me or him" then it would be yes for the both of us! 

Response :

Your case doesn't require the tax filing for YOU in US, just explain that you didn't have any earned income in US and why. You are good. Your USC spouse certainly needs 'Yes' as the answer.

 

10 hours ago, Scotriel said:

 

- Part 3: Liabilities and Debts / Credit report and score / Health insurance /Public Benefits: question 9 specifically asks for "your household's assets and resources" which means mine AND my husband's but then questions 10 to 16 seems to be only about me since it just says "you". So for example, if my husband have currently applied to receive public benefits due to COVID-19 (until his business can reopen), I don't have to mention it because I didn't apply for any myself! Right?

 

Response :

Right, debt is about you, but assets are about both. Makes sure you have or in the process of combining your assets as much as possible.

10 hours ago, Scotriel said:

 

- Part 4: Education and Skills: the first 2 parts make it sound OK if you don't have any college degrees or occupational skills but then the English and Language skills sound compulsory. It seems weird to me they would reject an application for that? I have a college degree and a pHD but it's all french and there's no way I can prove learning/speaking English was an important part of it. I never took the TOEFL because I learned english as a child/teenager and became pretty fluent! Any feedback on that? All I could read here was from English speaking natives beneficiaries, any non english speaking countries natives feedback? I really don't know what to reply to that, my first impulse was to leave it blank but reading posts here made me realize I might have to provide some sort of evidence even if weak!

 

Response :

I attended my school/college in English medium institutions in India, my transcripts are in English, with mention of subjects and medium of instructions, so it was easy. Additionally I have my TOEFL, which I luckily have as part of some college application across few countries about a year ago. I believe you highlight any English/English literature credits you took , in your application, as well as get some recommendation letter from your instructors, or may be (not 100% sure) someone who is highly qualified in English and personally knows you.

Quick off topic subject: https://www.uscis.gov/about-us/uscis-response-covid-19 on this page, USCIS explains, in the section "Extension of Stay/Change of Status Filing Delays Caused by Extraordinary Circumstances Related to COVID-19" that if I came with an ESTA, I can ask for a 30 days extension due to COVID. I does sound like it's just an extension in case you're not able to leave the country in time. My i-94 expired a few days ago, should I be honest and try to get that extension even though I no longer have any intent on leaving the country or should I just stay out of status and hope for the best until I can file my AOS?

 

Response :

File as soon as possible and ensure you use the latest versions of all the different forms and have everything correct in the first filing, including the payments (make sure you don't overpay or underpay) .  Before shipping/filing make sure for any updates on the USCIS website.

I'll be grateful for any replies. Thank you all

 

 

[Scotriel 2]

Thanks for the replies! Sounds like this language thing is the hardest part in the form! And yet it's very frustrating when you're fluent in english! I don't know how to get any of these proofs fast...I might enroll for the TOEFL!