August 2020 - AOS Filers

[KittyKat3072 235]

15 minutes ago, Cilllah said:

Congratulations! Did you end up having an interview?

Thanks, Yeah we had an interview on the 2nd of March. Luckily the officer who interviewed us was pretty good and relaxed.

[mogiftney 144]

Hey guys, does anyone know if this 1,400 dollar stimulus check is a public charge concern for people like my wife who are waiting for their AOS interview, have their EAD and AP but no green card yet, came on a K1? How about the previous two checks? Is she even eligible? Thanks guys

Edited March 10, 2021 by mogiftney

[HRQX 4,145]

17 minutes ago, mogiftney said:

How about the previous two checks? Is she even eligible?

Does she already have SSN? If so, she is eligible for all the stimulus amounts as a resident alien for tax purposes because of the Substantial Presence test: https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

 

For the 2020 amounts claim it as a tax credit:

After filing 2020 taxes they may have enough information to separately issue the $1400 stimulus. If for whatever reason she doesn't get it in advance then she'll claim it next year during tax season as a tax credit.

17 minutes ago, mogiftney said:

if this 1,400 dollar stimulus check is a public charge concern

Tax credits are NOT a public charge issue: https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-10

 

Also the 2019 version of public charge rule is no longer in place: https://www.dhs.gov/news/2021/03/09/dhs-secretary-statement-2019-public-charge-rule "Today, the Department of Justice dismissed its pending appeals in the Supreme Court and Seventh Circuit, and is in the process of doing so in the Fourth Circuit. Following the Seventh Circuit dismissal this afternoon, the final judgment from the Northern District of Illinois, which vacated the 2019 public charge rule, went into effect. As a result, the 1999 interim field guidance on the public charge inadmissibility provision (i.e., the policy that was in place before the 2019 public charge rule) is now in effect."

Edited March 10, 2021 by HRQX

[mogiftney 144]

8 minutes ago, HRQX said:

Does she already have SSN? If, so she is eligible for all the stimulus amounts as a resident alien for tax purposes because of the Substantial Presence test: https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

 

For the 2020 amounts claim it as a tax credit:

After filing 2020 taxes they may have enough information to separately issue the $1400 stimulus. If for whatever reason she doesn't get in advance then she'll claim it next year during tax season as a tax credit.

Tax credits are NOT a public charge issue: https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-10

She’s had a SSN since before the pandemic. She currently counts as a resident alien through the substantial presence test, but when a new year starts, the previous year only counts as a fraction of the days needed to meet the substantial presence test, so she currently qualifies but has been in and out of qualification since her arrival due to this stipulation. Would that change anything? Thank you!

 

Also if she files taxes and states that she has 0 income, would she just receive a check instead of counting it towards taxes owed and would THAT be a public charge/public benefit? Would collecting just this 2021 check be a public benefit because it’s not tax credit? Thanks!

Edited March 10, 2021 by mogiftney

[HRQX 4,145]

9 minutes ago, mogiftney said:

but has been in and out of qualification since her arrival due to this stipulation.

When doing 2020 taxes "current year" is 2020. Thus she was resident alien for all of 2020.

 

For 2021 taxes she'll also be a resident alien for all of 2021. (When assuming that either she doesn't leave the US for a long enough period OR her I-485 is approved in 2021.)

https://www.irs.gov/individuals/international-taxpayers/alien-residency-green-card-test

https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

Edited March 10, 2021 by HRQX

[Tigerlily87 40]

Welp the i944 apparently is officially gone off of the US CIS website. Anyone else being cheated after spending all that time on it? Lol

[Rita Kosh 7]

I don't know what to do!!

I got my interview for 26th of March and called to reschedule because my military spouse is in training. He got his phone back today and said he would get back in time for the interview. I tried to cancel the service request but I couldn't. The agent advised we still show up as long we dont get a new appointment notice.

PD: August 31st 2020

FO: Charleston SC.

[Ailikou 7]

On 3/8/2021 at 6:34 PM, kkmk said:

exactly the same situation here!!! except that my fingerprints were taken in feb.

but i'm so excited that my case finally was updated to schedule the interview! i've been checking my case every single day since i submitted the rfe for the i-944 and i couldn't believe my eyes today when i saw that

Finally, they are producing my EAD! What a relief!!!

I wonder how long it will take to ship and to get it in hands..

[kkmk 47]

11 minutes ago, Ailikou said:

Finally, they are producing my EAD! What a relief!!!

I wonder how long it will take to ship and to get it in hands..

Hey Congrats! finally !!!

I just checked my EAD status, it now says "Case was approved"  but no mention of a card, just that i'll receive the approval notice...

[Ailikou 7]

5 minutes ago, kkmk said:

Hey Congrats! finally !!!

I just checked my EAD status, it now says "Case was approved"  but no mention of a card, just that i'll receive the approval notice...

that's so weird, they didn't say "Case was approved" for me, just directly "New Card Is Being Produced"

their process is all over the place ..

 

[HRQX 4,145]

1 hour ago, Ailikou said:

that's so weird, they didn't say "Case was approved" for me, just directly "New Card Is Being Produced"

their process is all over the place ..

"Case was approved" might be your next status:

 

It is a very common glitch. I assume the programmers switched those 2 statuses.

[kkmk 47]

guys! i just checked my case's status and it changed to "Card Was Mailed To Me"

"we mailed your new card for your Form I-765, Application for Employment Authorization"

yayyyyyy!!!!

[kkmk 47]

2 hours ago, HRQX said:

"Case was approved" might be your next status:

 

It is a very common glitch. I assume the programmers switched those 2 statuses.

it looks like my next status is actually "card was mailed to me"

 

 

Edited March 11, 2021 by kkmk

[Ailikou 7]

Mine turned to Case Was Approved

[DanCode7703 20]

Has anyone here already replied a RFE after I-944 died?

 

I wonder what exactly I need to put in my RFE package.

Like RFE copy + a letter stating that I'm not sending the I-944 because it has been discontinued?

They are asking for my I-693 as well, so I'll send together.

 

Any suggestions?