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

[eledobleu 4]

Just now, aaron2020 said:

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?

I called the USCIS information line. Spoke to a woman but forgot her name. She told me an interview was not required. I check the US embassys website where her son is living and that is only for non-immigrant visas. So the USCIS representative gave me wrong information. Its sad how they're employees give false information because they dont know. Thanks for clearing everything up guys!

[Cyberfx1024 7,980]

18 hours ago, eledobleu said:

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!

Even if the I-944 requirement is done away with you still have file the petition with your tax transcripts. This has been the case now for decades 

[eledobleu 4]

1 minute ago, Cyberfx1024 said:

Even if the I-944 requirement is done away with you still have file the petition with your tax transcripts. This has been the case now for decades 

Thanks for the info. I already have transcripts for 2019 but not 2020 since I haven't filed yet. Can I just send the 2019 transcripts (shows below poverty minimum) along with the assets I own to need the required minimum for now and have her bring a copy of the 2020 transcripts at her interview if needed?

[Crazy Cat 42,307]

Just now, eledobleu said:

Thanks for the info. I already have transcripts for 2019 but not 2020 since I haven't filed yet. Can I just send the 2019 transcripts (shows below poverty minimum) along with the assets I own to need the required minimum for now and have her bring a copy of the 2020 transcripts at her interview if needed?

You are many months away from needing that.  This would happen at the NVC stage.

[eledobleu 4]

1 minute ago, Lucky Cat said:

You are many months away from needing that.  This would happen at the NVC stage.

I am filing the I-130 and I-485 concurrent so I thought it was needed with the I-485? I planned to file the I-130 online and mail the I-485 after I receive the receipt. 

[Crazy Cat 42,307]

Just now, eledobleu said:

I am filing the I-130 and I-485 concurrent so I thought it was needed with the I-485? I planned to file the I-130 online and mail the I-485 after I receive the receipt. 

I see.  I meant for the child.   

[HRQX 4,145]

7 minutes ago, Lucky Cat said:

You are many months away from needing that.  This would happen at the NVC stage.

That is correct for the stepchild's case.

 

2020 tax transcript not needed for AOS filing for wife because it's still before April 15. But the IO may ask for it at the AOS interview.

Edited February 23, 2021 by HRQX

[aaron2020 11,651]

2 minutes ago, Lucky Cat said:

You are many months away from needing that.  This would happen at the NVC stage.

He's talking about the AOS for his wife.  She needs an I-864 when she files the I-485.

[Crazy Cat 42,307]

Just now, HRQX said:

That is correct for the stepchild's case.

 

2020 tax transcript not needed for AOS filing for wife because it's still before April 15. But the IO may ask for it the AOS interview.

Yes, I was talking about the child's case.....thanks.

1 minute ago, aaron2020 said:

He's talking about the AOS for his wife.  She needs an I-864 when she files the I-485.

Got it.  Thanks.

[aaron2020 11,651]

1 minute ago, eledobleu said:

I am filing the I-130 and I-485 concurrent so I thought it was needed with the I-485? I planned to file the I-130 online and mail the I-485 after I receive the receipt. 

For your wife, you can file the I-864 for her with your 2019 tax return.  She can bring your 2020 tax return to her interview.  

For your stepson, you will file his I-864 with your 2020 tax return.  His NVC processing will happen after April 15, 2021, so you will have file your 2020 tax return by then.

[eledobleu 4]

2 minutes ago, HRQX said:

That is correct for the stepchild's case.

 

2020 tax transcript not needed for AOS filing for wife because it's still before April 15. But the IO may ask for it the AOS interview.

 

1 minute ago, aaron2020 said:

He's talking about the AOS for his wife.  She needs an I-864 when she files the I-485.

 

Yes im talking about the AOS for my wife. Since I dont have the 2020 yet should I send the 2019? Or just list my assets on the I-944 and send the proof?

Just now, aaron2020 said:

For your wife, you can file the I-864 for her with your 2019 tax return.  She can bring your 2020 tax return to her interview.  

For your stepson, you will file his I-864 with your 2020 tax return.  His NVC processing will happen after April 15, 2021, so you will have file your 2020 tax return by then.

 

Ok got it thanks!

[aaron2020 11,651]

1 minute ago, eledobleu said:

 

 

Yes im talking about the AOS for my wife. Since I dont have the 2020 yet should I send the 2019? Or just list my assets on the I-944 and send the proof?

You list your assets on the I-864.  You file with your 2019 tax return.

The I-944 is about your wife.  Not you.  

Edited February 23, 2021 by aaron2020

[eledobleu 4]

OK so after the reading the USCIS website, it still says I can apply for K4 status for a child using I-129. It doesnt say anything about his mom needing to file the I-129 for this to happen. Though the information is not clear and I refuse to call USCIS again. Can anyone explain this? I attached a screenshot.

 

 

[eledobleu 4]

11 minutes ago, aaron2020 said:

You list your assets on the I-864.  You file with your 2019 tax return.

The I-944 is about your wife.  Not you.  

It does list options on the I-944 to list household members income and assets. 

[aaron2020 11,651]

4 minutes ago, eledobleu said:

OK so after the reading the USCIS website, it still says I can apply for K4 status for a child using I-129. It doesnt say anything about his mom needing to file the I-129 for this to happen. Though the information is not clear and I refuse to call USCIS again. Can anyone explain this? I attached a screenshot.

 

 

Quick Google search of "K-4 visa." 

 

http://www.kateraynor.com/en/family-based-visas/K-4.html

 

K-4 Children of K-3 visa

The K4 visa is a nonimmigrant visa which allows the children of a K-3 spouse visa holder to enter into the U.S. and await the availability of an immigrant visa.

To qualify for K-4 visa, you must be:

•  Less than 21 years old
•  The unmarried child of a K-3 applicant
•  Seeking to immigrate to the U.S.