I-944 Confusion! File now Or wait for Biden's Immigration Bill?

[eledobleu 4]

Hi! My wife and I are ready to file for her C1 visa and AOS. I just learned about the I-944. We have everything for the I-944 except transcripts. We lived abroad for a while so I dont have any US tax returns except in 2018 when I lived in US more than 6 months (just me not my wife) but I was self employed and wrote off most of the deductions so I only paid myself around $11,000. We have a business abroad and paid our taxes last year. I read the instructions for I-944 and it says to provide the foreign tax return if we didn't file returns for previous years. 

 

My question is, which documents would we send from our foreign business that will be enough evidence for the I-944?

Do I just use the foreign taxes for 2019 of our business abroad. 

Or should we wait for Biden to pass the new immigration law which would remove the I-944 requirement?

Also would be required to translate the foreign tax papers for the business. The documents are in Spanish. We already have her birth certificate translated and are in the process of translating her diplomas and certificates for education. 

 

She can stay in the U.S on her B2 visa until May so we have some time. 

 

Thanks everyone!

Edited February 23, 2021 by eledobleu
Added question

[aaron2020 11,651]

A C-1 is a transit visa.

Is your wife in the US right now?  Is she seeking to adjust status for a green card?  If yes to both questions, then you can apply at any time.  Even if she overstays her B-2 visa, you could still file.  But it's best to file before she overstays even if it's an incomplete application and all you're risking is a RFE.

Did you file your US tax returns as required for 2019?  US citizens are taxed on worldwide income and are required to file US tax returns on their worldwide income even if nothing is earned in the US.  Will you file a US tax return for 2020?

Biden's immigration bill is not going to pass anytime soon and/or in its current form.  Republicans are opposed to it.  

Biden has started a review of the public charge determination.  It may be many months before anything is announced.  

Currently, the I-944 is required.  You need to provide complete and accurate information.  You must include certified translations of all documents not in English.

[eledobleu 4]

10 hours ago, aaron2020 said:

A C-1 is a transit visa.

Is your wife in the US right now?  Is she seeking to adjust status for a green card?  If yes to both questions, then you can apply at any time.  Even if she overstays her B-2 visa, you could still file.  But it's best to file before she overstays even if it's an incomplete application and all you're risking is a RFE.

Did you file your US tax returns as required for 2019?  US citizens are taxed on worldwide income and are required to file US tax returns on their worldwide income even if nothing is earned in the US.  Will you file a US tax return for 2020?

Biden's immigration bill is not going to pass anytime soon and/or in its current form.  Republicans are opposed to it.  

Biden has started a review of the public charge determination.  It may be many months before anything is announced.  

Currently, the I-944 is required.  You need to provide complete and accurate information.  You must include certified translations of all documents not in English.

Thank you for your response! Yes I did file 2019 taxes but the transcripts wouldn't show enough to meet the requirement for the I-944. That's what I'm worried about. I planned to file her 130 online and mail the 485 and other documents as required. Yes I will be filing my 2020 taxes as well but not sure if that will meet the poverty requirements. 

 

Yes she's here in the United States with me. We actually didn't plan on staying as this was supposed to be a vacation. Now we decided to stay but her son is still abroad so I will be filing an I-130 for him as well (he's 10 years old) and K4 to have him wait here in the US with us but I'm still bit confused on that part. 

 

So if we file now, do I still send the 2019 transcripts as required although it's doesn't meet the poverty requirements as well as taxes for our business abroad? What about Bank accounts abroad can we send my bank statements showing savings account from abroad? Thank you for your help! 

Edited February 23, 2021 by eledobleu

[Crazy Cat 42,306]

15 minutes ago, eledobleu said:

so I will be filing an I-130 for him as well (he's 10 years old) and K4 to have him wait here in the US with us but I'm still bit confused on that part. 

That isn't how it works.....

[eledobleu 4]

29 minutes ago, Lucky Cat said:

That isn't how it works.....

Can you elaborate please! From my understanding I can petition for the I-130 immediate family (includes stepchild). The uscic website also states that it's possible to bring the child to the United States with a K4 but doesn't go into details. It's really confusing. 

[Crazy Cat 42,306]

5 minutes ago, eledobleu said:

Can you elaborate please! From my understanding I can petition for the I-130 immediate family (includes stepchild). The uscic website also states that it's possible to bring the child to the United States with a K4 but doesn't go into details. It's really confusing. 

A K-4  is the child of a K-3 spouse.  Your spouse will not be a K-3 visa holder.  You will file an I-130 for the child, and it will be processed for consular processing.  The child cannot come and live in the US until the visa is issued in his/her home country.

[eledobleu 4]

7 minutes ago, Lucky Cat said:

A K-4  is the child of a K-3 spouse.  Your spouse will not be a K-3 visa holder.  You will file an I-130 for the child, and it will be processed for consular processing.  The child cannot come and live in the US until the visa is issued in his/her home country.

Thanks for clearing that up! Would I be able to  expedite  his 130 petition? If so what's the processing time and do I only need to file the I-130? Or is there another form to file for stepchildren thanks for your help 

[aaron2020 11,651]

6 hours ago, eledobleu said:

Thank you for your response! Yes I did file 2019 taxes but the transcripts wouldn't show enough to meet the requirement for the I-944. That's what I'm worried about. I planned to file her 130 online and mail the 485 and other documents as required. Yes I will be filing my 2020 taxes as well but not sure if that will meet the poverty requirements. 

 

Yes she's here in the United States with me. We actually didn't plan on staying as this was supposed to be a vacation. Now we decided to stay but her son is still abroad so I will be filing an I-130 for him as well (he's 10 years old) and K4 to have him wait here in the US with us but I'm still bit confused on that part. 

 

So if we file now, do I still send the 2019 transcripts as required although it's doesn't meet the poverty requirements as well as taxes for our business abroad? What about Bank accounts abroad can we send my bank statements showing savings account from abroad? Thank you for your help! 

If your wife files for AOS, it will take 6-8 months for her to get her EAD and AP.  This means she can not legally work for 6-8 months until she gets her EAD.  This also means that if she leaves the US before getting her AP, she will abandoned the entire process.

It will take 12-18 months for her son to get an immigration visa.  There is no way to speed this up.  He will not get a K-4 because his mom did not get a K-3.

Does your wife understand that by choosing to AOS, she will not be able to see her son for 6-8 months?

[aaron2020 11,651]

5 hours ago, eledobleu said:

Thanks for clearing that up! Would I be able to  expedite  his 130 petition? If so what's the processing time and do I only need to file the I-130? Or is there another form to file for stepchildren thanks for your help 

You can't expedite the I-130.  It will take 12-18 months for him to get an immigration visa.  Once USCIS approves the I-130, it's shipped to the NVC where you will have to file the DS-260 and I-864.  Study and follow the Guides on VJ.

[eledobleu 4]

6 minutes ago, aaron2020 said:

If your wife files for AOS, it will take 6-8 months for her to get her EAD and AP.  This means she can not legally work for 6-8 months until she gets her EAD.  This also means that if she leaves the US before getting her AP, she will abandoned the entire process.

It will take 12-18 months for her son to get an immigration visa.  There is no way to speed this up.  He will not get a K-4 because his mom did not get a K-3.

Does your wife understand that by choosing to AOS, she will not be able to see her son for 6-8 months?

 

5 minutes ago, aaron2020 said:

You can't expedite the I-130.  It will take 12-18 months for him to get an immigration visa.  Once USCIS approves the I-130, it's shipped to the NVC where you will have to file the DS-260 and I-864.  Study and follow the Guides on VJ.

 

Yes are well aware of the time frames. I spoke to a representative regarding her son (my stepson) and they provided the information needed. I only need to file I-130 to petition for immediate family-child. No other forms are needed to be filed since he is 10 years of age. The process will take 6-8 months average (current times) for her son to be approved and issued a visa. Once he enters the country he automatically will have residency since hes considered the child of a U.S citizen. This info is also found on the USCIS website.

 

My wife's AOS will take aprox. 13.5-24.5 months which we understand. We will file I-765 which will take 3.5-8 months for approval but the USCIS representative said its more likely around 5-6 months.

 

I thank you for the responses and help!

[aaron2020 11,651]

8 minutes ago, eledobleu said:

 

 

Yes are well aware of the time frames. I spoke to a representative regarding her son (my stepson) and they provided the information needed. I only need to file I-130 to petition for immediate family-child. No other forms are needed to be filed since he is 10 years of age. The process will take 6-8 months average (current times) for her son to be approved and issued a visa. Once he enters the country he automatically will have residency since hes considered the child of a U.S citizen. This info is also found on the USCIS website.

 

My wife's AOS will take aprox. 13.5-24.5 months which we understand. We will file I-765 which will take 3.5-8 months for approval but the USCIS representative said its more likely around 5-6 months.

 

I thank you for the responses and help!

Once he enters the country with his immigrant visa, he automatically will have residency because he entered on an immigrant visa.  It has noting to do with being considered the child of a US citizen.

 

6-8 months from filing the I-130 to a visa is optimistic.  USCIS takes 6-8 months to approve the I-130.  It takes 1-3 months to transfer the case the NVC.  It takes a few months to get documentary qualified at the NVC.  It takes another few months for the NVC to schedule a visa interview after all documents are filed.  

Best of luck.

Edited February 23, 2021 by aaron2020

[eledobleu 4]

3 minutes ago, aaron2020 said:

Once he enters the country with his immigrant visa, he automatically will have residency because he entered on an immigrant visa.  It has noting to do with being considered the child of a US citizen.

 

6-8 months from filing the I-130 to a visa is optimistic.  USCIS takes 6-8 months to approve the I-130.  It takes 1-3 months to transfer the case the NVC.  It takes another 2-3 months for the NVC to schedule a visa interview after all documents are filed.  

Best of luck.

Yes I understand that but a child is not required to have an interview which is why the processing times are faster for him.

Edited February 23, 2021 by eledobleu

[aaron2020 11,651]

5 minutes ago, eledobleu said:

Yes I understand that but a child is not required to have an interview which is why the processing times are faster for him.

Every immigrant visa applicant requires an interview.  Children are not exempt.  

[Crazy Cat 42,306]

20 minutes ago, eledobleu said:

he process will take 6-8 months average (current times) for her son to be approved and issued a visa.

That timeframe is way off......It will be much longer.

Edited February 23, 2021 by Lucky Cat

[aaron2020 11,651]

26 minutes ago, eledobleu said:

 

 

Yes are well aware of the time frames. I spoke to a representative regarding her son (my stepson) and they provided the information needed. I only need to file I-130 to petition for immediate family-child. No other forms are needed to be filed since he is 10 years of age. The process will take 6-8 months average (current times) for her son to be approved and issued a visa. Once he enters the country he automatically will have residency since hes considered the child of a U.S citizen. This info is also found on the USCIS website.

What representative did you speak to?  If it's the USCIS information line, there's a reason people on VJ call it the Misinformation line.  

 

What do you mean no other forms are needed to be filed since he is 10 years old?  Children are not exempt from needing a DS-260 visa application form.  You will also need to file an I-864.

What makes you think he is exempt from having an interview?