US Immigration from Canada

Hey y'all!

I'm in the process of applying for AOS from my K1. There has been a very recent change in the process in that the I-944 form is not longer required in filing.

At this moment the form is no longer required due to an Injunction of the Inadmissibility on Public Charge Grounds Final Rule.

Quote

On July 29, 2020, the U.S. District Court for the Southern District of New York (SDNY) in State of New York, et al. v. DHS, et al. and Make the Road NY et al. v. Cuccinelli, et al. enjoined the Department of Homeland Security (DHS) from enforcing, applying, implementing, or treating as effective the Inadmissibility on Public Charge Grounds Final Rule for any period during which there is a declared national health emergency in response to the COVID-19 outbreak. (84 FR 41292, Aug. 14, 2019, final rule; as amended by 84 FR 52357, Oct. 2, 2019, final rule correction)

On Jan. 31, 2020, the Secretary of Health and Human Services declared a public health emergency, effective Jan. 27, 2020, under section 319 of the Public Health Service Act (42 U.S.C. 247d), in response to COVID-19. On Feb. 24, 2020, DHS implemented the Public Charge Rule to be applied prospectively to any application or petition postmarked, or if applicable, submitted electronically on or after that date. On March 13, 2020, the President issued Proclamation on Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak. On the same day, USCIS issued an alert addressing COVID-19 and public charge determinations under the Public Charge Rule.

As long as the July 29, 2020, SDNY decision is in effect, USCIS will apply the 1999 public charge guidance that was in place before the Public Charge Rule was implemented on Feb. 24, 2020 to the adjudication of any application for adjustment of status on or after July 29, 2020. In addition, USCIS will adjudicate any application or petition for extension of nonimmigrant stay or change of nonimmigrant status on or after July 29, 2020, consistent with regulations in place before the Public Charge Rule was implemented; in other words, we will not apply the public benefit condition.

For applications and petitions that USCIS adjudicates on or after July 29, 2020, pursuant to the SDNY injunction, USCIS will not consider any information provided by an applicant or petitioner that only relates to the evidence required by the Public Charge Rule, including information provided on the Form I-944 or any supporting documentation included with that form, or information on the receipt of public benefits in Part 5 on Form I-539, Part 3 on Form I-539A, Part 6 on Form I-129, or Part 6 on Form I-129CW, or any additional documentation pertaining to the public benefit condition. Applicants and petitioners whose applications or petitions are postmarked on or after July 29, 2020, should not include the Form I-944 or provide information about the receipt of public benefits on Form I-485, Form I-129, Form I-129CW, Form I-539, or Form I-539A.

USCIS will issue guidance regarding the use of affected forms. In the interim, USCIS will not reject any Form I-485 on the basis of the inclusion or exclusion of Form I-944, nor Forms I-129 and I-539 based on whether Part 6, or Part 5, respectively, has been completed or left blank.

In any public charge inadmissibility determination, USCIS will consider the receipt of public benefits consistently with prior public charge guidance the 1999 Interim Field Guidance (PDF) and AFM Ch. 61.1. (PDF, 77.92 KB)

You cannot find the I-944 form on the UCIS website, however, it does not seem that accompanying AOS forms have been updated accordingly.

Which brings me to my question...

I am filing out the I-485 and stumped on which box to tick for question 61 under:

Declaration of Self-Sufficiency (Form I-944)
61. Are you exempt from the public charge ground of inadmissibility?

Do I tick off YES as I-944 is not required?

I've tried to find information on this everywhere, and I just have so many questions.

I'm currently visiting in the US, entered as a B2, since I am Canadian - Was going to go back in September.

Currently, I am waiting for my interview at the Montreal Embassy, but they aren't really giving us updates when that is so, I was considering the whole get married while here, and file those 2 packets.

My questions are, if I file them, do I stay in the US the entire time its all processing? Is it even possible the I130 gets denied some how because I had a K1 sitting and waiting for an interview? (How would I even cancel it, if its waiting there anyway?). Or get denied because I am visiting with a B2, but have a K1 application waiting, and just randomly switch -- even though it was never my intent -- since I didn't even know this way was an option, I thought I had to wait it out, or file them in Canada.

Do I go back to Canada at all for this process? --I know if I'm to stay in the US, I'd have to wait for AP anyway -- And lastly, the Medical, is that at the interview stage of the greencard? And I get that done here?

Sorry for all the questions. I'm just looking at all options since my embassy has been closed with no updates at all except 'keep checking the website' >.>

edit: oh, what if my i94 expires while waiting for them to be approved and I get over the 180 days? -- Im guessing I wait for the NoA1 of both to make sure? I just don't know, lol

My fianc and I have committed to going the route of a CR-1 visa and are now trying to plan our wedding quickly so that we can get the ball rolling. The current plan is to fly into the USA and apply for a marriage license, Sign it and after a required three day waiting period we will have a small ceremony in her yard with a pastor and her kids and a few local friends to bear witness. I will then return to Canada to start my 14 day quarantine and we can start the CR-1 process. We do have a concern about me entering the country with the intent of marriage. I do have to be truthful about my intentions when I am at the airport going through customs. And when I tell them I am intending to enter the country to marry my fiance and return to Canada are they going to believe me? Or is it likely they will refuse my entry? Does anyone happen to have any knowledge or experience on this subject? Any help would be greatly appreciated. Thank you!

-Spencer

Hello everyone,

My fiancee successfully entered the USA on a K1 visa 2 weeks ago. We have just moved into a new apartment (before filing adjustment of status).

Do we need to update our addresses anywhere? Or just be sure to update the information when we file for AOS?

Thanks VJ community!

Hello all,

My Canadian fianc and I, the petitioner, are in the US currently.

We counted our days, and it looks like in the beginning of September, it will be about 180 days that he s been in the US. Every place I read online, I see that the maximum amount of time a Canadian can stay in the US is 182, or approximately 6 months .

During this pandemic, does this timeframe still apply? I m just curious. I don t want him to face repercussions for staying in the United States for too long, especially since we are at the end of our K1 Visa Process. Just wondering if anyone has seen anything about this.