Please help to go through my documents.

[Bgail 2]

Please help to go through my documents. Sending Documents by Friday.

 

Form I-130 and I-130A filed online

·         Receipt Notice

 

Form I-131 (Application for Travel Document)

·         Form G-1145 E-Notification of Application/Petition Acceptance

·         Two (2) Passport Style Photos of Beneficiary (Name written behind)

·         Form I-131 Application for Travel Document

·         A Copy of Beneficiary's Passport Data Page

·         A Copy of Beneficiary's Current VISA page

·         A Copy of Beneficiary's I-94

·         A Copy of Marriage Certificate

 

Form I-765 (Application for Advance Parole)

·         Form G-1145 E-Notification of Application/Petition Acceptance

·         Two (2) Passport Style Photos of Beneficiary (Name written behind)

·         Form I-765 Application for Employment Authorization

·         A Copy of Beneficiary's I-94

·         A Copy of Beneficiary's Passport Data Page

·         A Copy of Beneficiary's Current VISA Page

 

Form I-485

·         Form G-1145 E-Notification of Application/Petition Acceptance

·         Money order $1,225.00 ($1,140.00 for Form I-485 and $85.00 for Bio-metrics Service)

·         Two (2) Passport Style Photos of Beneficiary (Name written behind)

·         Form I-485 Adjustment of Status

·         A Copy of Beneficiary's Passport Data Page

·         A Copy of Beneficiary's Current VISA

·         A Copy of Previous Entry Stamps

·         A Copy of Beneficiary's I-94 Arrival/Departure Records

·         A Copy of Beneficiary's Birth Certificate

·         A Copy of Petitioner's Birth Certificate

·         A Copy of U.S. Marriage Certificate

·         A Copy of Divorce Decree from previous marriage

 

Form I-864 (Affidavit of Support)

·         Form I-864 Affidavit of Support

·         Evidence of Petitioner's Current Income:

o   A Copy of Petitioner's Recent Pay Stubs

o   Petitioner's Employment Letter

·         A Copy of Petitioner's W2 for 2019

·         Petitioner's 1040X for 2019

·         Petitioner's 1040 for 2019

·         Petitioner's 1098-T for 2019

·         A Copy of Petitioner's Birth Certificate

·         A Copy of Marriage Certificate

·         A Copy of Beneficiary's Passport Data Page

·         A Copy of Beneficiary's Current VISA Page

·         A Copy of Beneficiary's I-94

 

 

Form I-944 (I don’t know if I should still send this)

·         Petitioner’s most recent tax return documents and W2

·         Beneficiary’s letter of no credit report

·         Beneficiary’s education evaluation

·         Beneficiary’s health insurance policy

·         U.S. born kids birth certificates and receipts of payments for each birth/letters of non-indebtedness from each hospital confirming full payments

 

Question

1.    Form I-485, Item 61 (Declaration of Self Sufficiency) are you exempt from the public charge ground of inadmissibility? This relates to form I-944. Should I answer yes or no? no more i-944 form on the USCIS website but I already downloaded it before now but the i-485 instruction still states we should fill it.

2.   Am I to send to Chicago Lock box address (I stay in Georgia)?

3. Is it ok to staple some of the supporting documents?

 

 

[Bayanoparker02 6]

4 hours ago, Bgail said:

Please help to go through my documents. Sending Documents by Friday.

 

Form I-130 and I-130A filed online

·         Receipt Notice

 

Form I-131 (Application for Travel Document)

·         Form G-1145 E-Notification of Application/Petition Acceptance

·         Two (2) Passport Style Photos of Beneficiary (Name written behind)

·         Form I-131 Application for Travel Document

·         A Copy of Beneficiary's Passport Data Page

·         A Copy of Beneficiary's Current VISA page

·         A Copy of Beneficiary's I-94

·         A Copy of Marriage Certificate

 

Form I-765 (Application for Advance Parole)

·         Form G-1145 E-Notification of Application/Petition Acceptance

·         Two (2) Passport Style Photos of Beneficiary (Name written behind)

·         Form I-765 Application for Employment Authorization

·         A Copy of Beneficiary's I-94

·         A Copy of Beneficiary's Passport Data Page

·         A Copy of Beneficiary's Current VISA Page

 

Form I-485

·         Form G-1145 E-Notification of Application/Petition Acceptance

·         Money order $1,225.00 ($1,140.00 for Form I-485 and $85.00 for Bio-metrics Service)

·         Two (2) Passport Style Photos of Beneficiary (Name written behind)

·         Form I-485 Adjustment of Status

·         A Copy of Beneficiary's Passport Data Page

·         A Copy of Beneficiary's Current VISA

·         A Copy of Previous Entry Stamps

·         A Copy of Beneficiary's I-94 Arrival/Departure Records

·         A Copy of Beneficiary's Birth Certificate

·         A Copy of Petitioner's Birth Certificate

·         A Copy of U.S. Marriage Certificate

·         A Copy of Divorce Decree from previous marriage

 

Form I-864 (Affidavit of Support)

·         Form I-864 Affidavit of Support

·         Evidence of Petitioner's Current Income:

o   A Copy of Petitioner's Recent Pay Stubs

o   Petitioner's Employment Letter

·         A Copy of Petitioner's W2 for 2019

·         Petitioner's 1040X for 2019

·         Petitioner's 1040 for 2019

·         Petitioner's 1098-T for 2019

·         A Copy of Petitioner's Birth Certificate

·         A Copy of Marriage Certificate

·         A Copy of Beneficiary's Passport Data Page

·         A Copy of Beneficiary's Current VISA Page

·         A Copy of Beneficiary's I-94

 

 

Form I-944 (I don’t know if I should still send this)

·         Petitioner’s most recent tax return documents and W2

·         Beneficiary’s letter of no credit report

·         Beneficiary’s education evaluation

·         Beneficiary’s health insurance policy

·         U.S. born kids birth certificates and receipts of payments for each birth/letters of non-indebtedness from each hospital confirming full payments

 

Question

1.    Form I-485, Item 61 (Declaration of Self Sufficiency) are you exempt from the public charge ground of inadmissibility? This relates to form I-944. Should I answer yes or no? no more i-944 form on the USCIS website but I already downloaded it before now but the i-485 instruction still states we should fill it.

2.   Am I to send to Chicago Lock box address (I stay in Georgia)?

3. Is it ok to staple some of the supporting documents?

 

 

1- NO... It's good for you to send it. You ain't losing anything by sending it as you already have it. "Better send something than nothing." They will put it a part themselves if they don't want it.

 2- Chicago Lock box is one of the 3 lockbox locations. Residents of Georgia should send it in Chicago.

3- NO STAPLES. READ THE INSTRUCTION VERY CAREFULLY. Paper clips is accepted.

 

Good luck.

[HRQX 4,145]

4 hours ago, Bgail said:

1.    Form I-485, Item 61 (Declaration of Self Sufficiency) are you exempt from the public charge ground of inadmissibility? This relates to form I-944. Should I answer yes or no? no more i-944 form on the USCIS website but I already downloaded it before now but the i-485 instruction still states we should fill it.

Correct answer is "NO."

 

USCIS explicitly states not to send in I-944 at this time: https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/injunction-of-the-inadmissibility-on-public-charge-grounds-final-rule "Applicants and petitioners whose applications or petitions are postmarked on or after July 29, 2020, should not include the Form I-944"

4 hours ago, Bgail said:

2.   Am I to send to Chicago Lock box address (I stay in Georgia)?

Yes, send to Chicago Lockbox: https://www.uscis.gov/i-485-addresses

[Bgail 2]

1 hour ago, Bayanoparker02 said:

1- NO... It's good for you to send it. You ain't losing anything by sending it as you already have it. "Better send something than nothing." They will put it a part themselves if they don't want it.

 2- Chicago Lock box is one of the 3 lockbox locations. Residents of Georgia should send it in Chicago.

3- NO STAPLES. READ THE INSTRUCTION VERY CAREFULLY. Paper clips is accepted.

 

Good luck.

Ok thank you

1 hour ago, HRQX said:

Correct answer is "NO."

 

USCIS explicitly states not to send in I-944 at this time: https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/injunction-of-the-inadmissibility-on-public-charge-grounds-final-rule "Applicants and petitioners whose applications or petitions are postmarked on or after July 29, 2020, should not include the Form I-944"

Yes, send to Chicago Lockbox: https://www.uscis.gov/i-485-addresses

Thank you

[FattieBanton 35]

this thread has answered so many of my questions. i dont know where i'd be without this forum. major props to all those who have long since completed their immigration processes and are here just to help n00bs like me

[geowrian 22,337]

28 minutes ago, Bgail said:

But should the I-944 be filed since it's no longer on the USCIS website and reading about the lifted injunctions for some states? Between I am in Georgia

I'm not sure there is a clear answer on that at this time, unfortunately. There was a new ruling since the most recent response on this (as you are aware from the other thread), and I'm not sure on how it will impact this yet. I'm on vacation and haven't been able to look into the specifics as much as I wanted still.

If I had to make a guess based on what I have seen thus far, it sounds like the I-944 will be required again for all applicants except those living in Connecticut, New York, and Vermont. But USCIS is still reviewing the ruling and has not put out anything official yet.

 

Technically, if somebody were to apply right this instant and it arrived before any changes, I believe it should be accepted w/o the I-944.

But USCIS could post guidance an hour from now that it is required again (except for residents of those states). Or the lockbox workers could review it after it is required again and mistakenly reject it under the then-current rules.

 

If it were me - and I had the ability to send a full packet with the I-944 right now - I would send the I-944 with it to be safe. If it's not needed, it won't be used.

If I didn't have what I needed to submit the I-944 yet, I would hold off on submitting while I get that.

 

My risk tolerance is fairly low, and the advantage of possibly getting in w/o the I-944 wouldn't outweigh the risk of a rejection for filing w/o it, or maybe getting an RFE for it later, depending on what USCIS decides to do.

But note that my set of circumstances does not pose a particular risk of being inadmissible under either public charge rule. If I was a borderline case, I might feel differently about getting in without the I-944 on the chance they won't make it required later.

[Bgail 2]

29 minutes ago, geowrian said:

I'm not sure there is a clear answer on that at this time, unfortunately. There was a new ruling since the most recent response on this (as you are aware from the other thread), and I'm not sure on how it will impact this yet. I'm on vacation and haven't been able to look into the specifics as much as I wanted still.

If I had to make a guess based on what I have seen thus far, it sounds like the I-944 will be required again for all applicants except those living in Connecticut, New York, and Vermont. But USCIS is still reviewing the ruling and has not put out anything official yet.

 

Technically, if somebody were to apply right this instant and it arrived before any changes, I believe it should be accepted w/o the I-944.

But USCIS could post guidance an hour from now that it is required again (except for residents of those states). Or the lockbox workers could review it after it is required again and mistakenly reject it under the then-current rules.

 

If it were me - and I had the ability to send a full packet with the I-944 right now - I would send the I-944 with it to be safe. If it's not needed, it won't be used.

If I didn't have what I needed to submit the I-944 yet, I would hold off on submitting while I get that.

 

My risk tolerance is fairly low, and the advantage of possibly getting in w/o the I-944 wouldn't outweigh the risk of a rejection for filing w/o it, or maybe getting an RFE for it later, depending on what USCIS decides to do.

But note that my set of circumstances does not pose a particular risk of being inadmissible under either public charge rule. If I was a borderline case, I might feel differently about getting in without the I-944 on the chance they won't make it required later.

Thank you very much. Please looking at my supporting documents, do you think I missed anything?

[geowrian 22,337]

On 8/11/2020 at 5:44 PM, Bgail said:

Form I-131 (Application for Travel Document)

·         Form G-1145 E-Notification of Application/Petition Acceptance

·         Two (2) Passport Style Photos of Beneficiary (Name written behind)

·         Form I-131 Application for Travel Document

·         A Copy of Beneficiary's Passport Data Page

·         A Copy of Beneficiary's Current VISA page

·         A Copy of Beneficiary's I-94

·         A Copy of Marriage Certificate

The G-1145 is not really required here if you are filing it together with the I-485.  The I-485's G-1145 should include all 3 (I-485/I-131/I-765) case numbers.

But no harm including it either...they will just ignore it.

 

On 8/11/2020 at 5:44 PM, Bgail said:

Form I-765 (Application for Advance Parole)

·         Form G-1145 E-Notification of Application/Petition Acceptance

·         Two (2) Passport Style Photos of Beneficiary (Name written behind)

·         Form I-765 Application for Employment Authorization

·         A Copy of Beneficiary's I-94

·         A Copy of Beneficiary's Passport Data Page

·         A Copy of Beneficiary's Current VISA Page

Application for Employment Authorization* (I-765 is not for Advance Parole).

Same as above RE: G-1145

 

On 8/11/2020 at 5:44 PM, Bgail said:

 Form I-485

·         Form G-1145 E-Notification of Application/Petition Acceptance

·         Money order $1,225.00 ($1,140.00 for Form I-485 and $85.00 for Bio-metrics Service)

·         Two (2) Passport Style Photos of Beneficiary (Name written behind)

·         Form I-485 Adjustment of Status

·         A Copy of Beneficiary's Passport Data Page

·         A Copy of Beneficiary's Current VISA

·         A Copy of Previous Entry Stamps

·         A Copy of Beneficiary's I-94 Arrival/Departure Records

·         A Copy of Beneficiary's Birth Certificate

·         A Copy of Petitioner's Birth Certificate

·         A Copy of U.S. Marriage Certificate

·         A Copy of Divorce Decree from previous marriage

I don't see where the petitioner's BC is required. That would be to show that the USC is a USC, but that's part of the I-130 requirements (and is not needed for the I-864 for the primary sponsor).

Again, no harm including it. It just won't do anything.

 

On 8/11/2020 at 5:44 PM, Bgail said:

Form I-864 (Affidavit of Support)

·         Form I-864 Affidavit of Support

·         Evidence of Petitioner's Current Income:

o   A Copy of Petitioner's Recent Pay Stubs

o   Petitioner's Employment Letter

·         A Copy of Petitioner's W2 for 2019

·         Petitioner's 1040X for 2019

·         Petitioner's 1040 for 2019

·         Petitioner's 1098-T for 2019

·         A Copy of Petitioner's Birth Certificate

·         A Copy of Marriage Certificate

·         A Copy of Beneficiary's Passport Data Page

·         A Copy of Beneficiary's Current VISA Page

·         A Copy of Beneficiary's I-94

I'm not sure why the items in red are included?

 

For the tax return, just be sure that's a copy of the entire return. It may be...idk your specific tax circumstances if other forms and schedules exist in your filing.

 

On 8/11/2020 at 5:44 PM, Bgail said:

Form I-944 (I don’t know if I should still send this)

·         Petitioner’s most recent tax return documents and W2

·         Beneficiary’s letter of no credit report

·         Beneficiary’s education evaluation

·         Beneficiary’s health insurance policy

·         U.S. born kids birth certificates and receipts of payments for each birth/letters of non-indebtedness from each hospital confirming full payments

I think this is sufficient, but I'd really have to dig out the details to verify. The I-944 has a lot of "if x then provide y" type of things,a nd I don't recall all of them off-hand.

[HRQX 4,145]

1 hour ago, geowrian said:

There was a new ruling since the most recent response on this

Sharing link to that PDF: https://www.law360.com/articles/1300811/attachments/0

Or screenshot, since the order is short:

[geowrian 22,337]

9 minutes ago, HRQX said:

Sharing link to that PDF: https://www.law360.com/articles/1300811/attachments/0

Or screenshot, since the order is short:

 

Now I regret not taking the 30 seconds to read it in full...I was thinking it would have been another near-hundred or several hundred page ruling.

Brevity is a virtue, but this was as minimal as they come.

[FattieBanton 35]

In layman's terms... the 944 is now required? Or it's the other way around?

[geowrian 22,337]

4 minutes ago, FattieBanton said:

In layman's terms... the 944 is now required? Or it's the other way around?

The ruling effectively terminates the nationwide injunction. The injunction is what made the I-944 no longer required.

The exception is for those 3 states. If you live in one of those 3 states, the I-944 is still not allowed to be required.

 

But for people in any other region, we are in an unclear area. As-stated by USCIS on their website right now, it is still not required. USCIs has not officially re-instituted the I-944 at this exact moment.

But that could literally change at any point as they do their legal review. You could put the AOS packet in the mail right now and they could announce that it is required again an hour later.

[HRQX 4,145]

3 minutes ago, FattieBanton said:

In layman's terms... the 944 is now required? Or it's the other way around?

As of now, USCIS hasn't reimplemented it yet: "Dan Hetlage, a spokesperson for U.S. Citizenship and Immigration Services, the DHS agency that processes green card requests, said on Thursday that the agency is "currently reviewing" the Second Circuit's order and "will determine the administrative viability of reimplementing the Inadmissibility on Public Charge Grounds Final Rule where applicable."" https://www.law360.com/articles/1300811

 

When they do, they'll probably announce a date in the near future. For example, when SCOTUS issued their 01/27/20 decision it took USCIS 3 days to issue a news release announcing the implementation date of 02/24/20: https://www.uscis.gov/news/news-releases/uscis-announces-public-charge-rule-implementation-following-supreme-court-stay-of-nationwide

[FattieBanton 35]

I'm including it. Much as i don't want to, i'll just include it.

[geowrian 22,337]

1 minute ago, FattieBanton said:

I'm including it. Much as i don't want to, i'll just include it.

That seems like the wise thing to do IMO.