Are we screwed on the I-944?

[cbro20 53]

I have read through the instructions for the I-944 Declaration of Self Sufficiency. I am worried because it seems like the I-944 only takes into account your household’s income for the previous year, and not your current earnings. 

 

I don’t have any documentation showing that I made above the poverty level in 2019 (I was a law student until May, then worked abroad part time, and started working full time in the U.S. in January).
 

Now, I make above the poverty level, but the I-944 doesn’t take this into account. Are we doomed for a rejection on inadmissibility grounds?

 

The I-864 we filed along with AOS took into account current income. We also used a joint sponsor for I-864, just to be safe and present a more solid case. 
 

What can we do?

 

 

[Allaboutwaiting 2,503]

The self sufficiency form was implemented to establish inadmissibility on public charge grounds. To adjudicate, they take in account several factors -not just prior or current income-.

If you want to know how it works, read the detailed rule here:

https://www.federalregister.gov/documents/2019/08/14/2019-17142/inadmissibility-on-public-charge-grounds

[GordonRamsey 22]

In a similar boat, and we mailed off our I-485 package yesterday.

We don't have any IRS transcripts since my wife wasn't required to file taxes in 2016, 2017, or 2018.

We do have proof of income for 2019 above the poverty line, but she hasn't filed her taxes yet.

What we did was I included a copy of her W-2, offer of employment, letter of employment, and recent pay stubs - similarly to what we included in the I-864. I figured that these would be enough evidence to substitute the lack of an IRS transcript or tax return. We'll see what happens- It's impossible to provide something that doesn't exist, so just include what you can. If you include an offer of employment stating your annual salary, a letter of employment, and recent pay stubs for 2020, I would expect it would be taken into consideration. You should also include a page in the additional documents section as well explaining your situation and why you included the additional evidence.

 

Good luck!