Confused about I944

[Money2g 0]

Hello, I am currently helping my friend with his paperwork regarding applying for AOS for his wife that came back in Dec 2019 with a K1 visa. He has the paperwork filled out but what he's confused about is the I944 and when he mentioned it to me I had never heard of the form since I brought my wife back in 2010. I read the information regarding the form but I can't really wrap my head around it as the language used is very confusing. I'll explain his situation of how his then fiancee came on a K1 visa and what their current situation is. He is a USC and I helped with his paperwork when he applied to bring her here, once she came they got married and even recently had a child about a month ago. At the time he applied for her he had a joint sponsor which was his brother in law, now given that information, is the I944 something that he has to send with his AOS packet or are they exempt, if not how can they become exempt from it?

 

I appreciate any help given.

[Letspaintcookies 2,310]

No way around, they have to send it. Should have applied months ago after they got married when the form wasn't needed.

It's all about the AOS applicant and includes a lot of paperwork. Use the search here on VJ and you'll find many topics about it that will be helpful 

[Money2g 0]

3 minutes ago, Letspaintcookies said:

No way around, they have to send it. Should have applied months ago after they got married when the form wasn't needed.

It's all about the AOS applicant and includes a lot of paperwork. Use the search here on VJ and you'll find many topics about it that will be helpful 

Thanks for the reply. Would there be any reason that they would get denied, and even if they got denied what exactly would that mean since his wife came here lawfully.

[SteveInBostonI130 3,434]

2 minutes ago, Money2g said:

Thanks for the reply. Would there be any reason that they would get denied, and even if they got denied what exactly would that mean since his wife came here lawfully.

 

It's difficult for anyone to predict that.  It all depends on your friend's financial situation and relationship.  Financial situation can be alleviated with joint sponsors, relationship situations are what they are.   Them having a child together is a strong indicator of a bona fide relationship.  

 

If his wife came in Dec 2019, then she has been out of status for a while.  Please, help your friend file the AOS as soon as possible.  Every day she is in risk...probably not deportation, but even being temporarily detained is not pleasant.

 

[HRQX 4,145]

26 minutes ago, Money2g said:

is the I944 something that he has to send with his AOS packet

Yes, look at the official chart: https://www.uscis.gov/sites/default/files/document/policy-manual-resources/Appendix-PublicChargeApplicabilitytoFamily-BasedAOS.pdf

26 minutes ago, Money2g said:

if not how can they become exempt from it?

For Family-based cases, only VAWA and a few other categories are exempt.