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DV 2020 AOS Only

For those filing AOS on or after Feb. 24th, 2020, make sure you familiarize yourself with the new Public Charge Inadmissibility Memo released today.

Also be sure to go over the Public Charge Inadmissibility Final Rule new forms. Be sure to use the newly released forms only if your AOS package will be delivered on or after Feb. 24th or your package will be rejected and sent back to you.

Also note you’re required to include the I-944 Declaration of Self Sufficiency form with your AOS package in place of thenai-134.

Will the spreadsheet be updated (or already has been)?
 
@Sm1smom

1. If I file after February 24, 2020 then I only should include I-944, no I-134?

2. My confusion is that, I will need to show an "affidavit of support" so then will it be part of the I-944?

3. What replaces or what forms to use to show my affidavit of support (my brother is LPR, he will be my sponsor) if I can't file I-134?

Thanks. Sorry for troubling, these new steps are confusing.
 
What should I use in I34 form, part 3. Q38 (I Intend" versus "I Do Not Attend ...). This is a confusing question. My boyfriend is sponsoring me.
 
One additional question:

1. I need to submit individual I-944? As in, me as the principal one form and for my wife (derivative) another one or just one form for both?
 
@Sm1smom

1. If I file after February 24, 2020 then I only should include I-944, no I-134?

2. My confusion is that, I will need to show an "affidavit of support" so then will it be part of the I-944?

3. What replaces or what forms to use to show my affidavit of support (my brother is LPR, he will be my sponsor) if I can't file I-134?

Thanks. Sorry for troubling, these new steps are confusing.

1. I-944 becomes the required form. Include the I-134 IF you like.
2. The I-944 is what you’ll use to overcome being declared a potential public charge.
3. See 1 & 2 ^^ above.

How is I-944 Used
Form I-944 is used to determine whether you are inadmissible to the United States under INA section 212(a)(4) because there is a likelihood that you will become a public charge at any time in the future. We evaluate whether you are inadmissible by weighing all the positive and negative factors related to your age, health, family status, assets, resources and financial status, education and skills, prospective immigration status and period of stay. We also consider a Form I-864, Affidavit of Support Under Section 213A of the Act, if you are required to submit Form I-864 as part of your adjustment of status application. For more information on Form I-864, see www.uscis.gov”
I-944 Form Instruction
 
What should I use in I34 form, part 3. Q38 (I Intend" versus "I Do Not Attend ...). This is a confusing question. My boyfriend is sponsoring me.
Technically speaking the form is filled out by your boyfriend and the question asks if he intends to make specific contributions to support you. ie - is he paying you a monthly "wage" etc. If that's the case you need to list the details of that arrangement, if not then you select "do not intend".
Remember, there is no right or wrong answer here, its just being truthful about your situation.
 
What should I use in I34 form, part 3. Q38 (I Intend" versus "I Do Not Attend ...). This is a confusing question. My boyfriend is sponsoring me.

The person sponsoring is the one responsible for filling out the form. Your boyfriend needs to select “I intend” and specify what sort of support he’s willing to provide.
 
One additional question:

1. I need to submit individual I-944? As in, me as the principal one form and for my wife (derivative) another one or just one form for both?

Who Must File Form I-944
You must file this form if you are filing Form I-485, Application to Register Permanent Residence or Adjust Status, and you are subject to the public charge ground of inadmissibility.
In general, each applicant who submits Form I-485 must submit his or her own Form I-944 if the applicant is subject to the public charge ground of inadmissibility.

I-944 Form Instruction - I recommend you spend sometime going over the Form itself and the Instructions as provided by USCIS.
 
Who Must File Form I-944
You must file this form if you are filing Form I-485, Application to Register Permanent Residence or Adjust Status, and you are subject to the public charge ground of inadmissibility.
In general, each applicant who submits Form I-485 must submit his or her own Form I-944 if the applicant is subject to the public charge ground of inadmissibility.

I-944 Form Instruction - I recommend you spend sometime going over the Form itself and the Instructions as provided by USCIS.
Thanks @Sm1smom
 
Technically speaking the form is filled out by your boyfriend and the question asks if he intends to make specific contributions to support you. ie - is he paying you a monthly "wage" etc. If that's the case you need to list the details of that arrangement, if not then you select "do not intend".
Remember, there is no right or wrong answer here, its just being truthful about your situation.

Actually selecting “I do not Intend” will be a “wrong option” - it more or less invalidates the intent behind the I-134. It’s as good as not filing out the form in the first place if the sponsor is declaring upfront they “do not intend to” to provide any form of support for the immigrant.
 
I'll take your expert advise on that one Mom, you are way more knowledgeable than me :cool:

I interpreted it very differently - the very nature of filling in the form means you will be supporting said person, however by ticking the "intend to" box means you have a specific plan in place to support them, the "do not intend to" means they will do whatever is necessary to support
 
I'll take your expert advise on that one Mom, you are way more knowledgeable than me :cool:

I interpreted it very differently - the very nature of filling in the form means you will be supporting said person, however by ticking the "intend to" box means you have a specific plan in place to support them, the "do not intend to" means they will do whatever is necessary to support

You’re actually right :cool:. I took another look at the form - your interpretation is more accurate.

Mine (now outdated) was based on the old 2 page form previously in use before this new one was introduced about 2 years ago.
 
Hello,

My husband and I have received our interview letter. But just before receiving our interview letter, he moved to a different state for his PhD. In this case, do we need to update USCIS about the change of address, especially since we have already received our interview letter?
 
Hello,

My husband and I have received our interview letter. But just before receiving our interview letter, he moved to a different state for his PhD. In this case, do we need to update USCIS about the change of address, especially since we have already received our interview letter?

Do you guys consider where you’re based your “home” or “home” for both of you is in the new State he moved to?
 
Do you guys consider where you’re based your “home” or “home” for both of you is in the new State he moved to?
I am still in the state we filed our application from, which is technically "home" for us, although its a leased apartment. But since he moved to AZ, he has his new apartment address. Will this change of address be a problem for him if not reported to USCIS?
 
I am still in the state we filed our application from, which is technically "home" for us, although its a leased apartment. But since he moved to AZ, he has his new apartment address. Will this change of address be a problem for him if not reported to USCIS?

Again the question is where do you both currently consider “home” - your current place or his new location? Most married couples tend to have a primary location they jointly consider as “home” regardless of if it’s a house, an apartment, or a rented single room in someone else’s house even if they work in different States and see each other maybe once every quarter.

If “home” for you guys is your current place, then the assumption is that he’s only in a different place temporarily and you’re both okay as is. If “home” is in AZ for you both, then you both need to report the new address and your IO will arrange for your petitions to get transferred to the FO with jurisdiction over your new address.
 
Again the question is where do you both currently consider “home” - your current place or his new location? Most married couples tend to have a primary location they jointly consider as “home” regardless of if it’s a house, an apartment, or a rented single room in someone else’s house even if they work in different States and see each other maybe once every quarter.

If “home” for you guys is your current place, then the assumption is that he’s only in a different place temporarily and you’re both okay as is. If “home” is in AZ for you both, then you both need to report the new address and your IO will arrange for your petitions to get transferred to the FO with jurisdiction over your new address.
Yes, the current place is still our home. Thank you so much!
 
Is this the address that we should main our AOS package?

USCIS
Attn: FBAS
131 South Dearborn - 3rd Floor
Chicago, IL 60603-5517
 
1. Yes, an I-134 IF you’re filing before Feb. 24th.

2. Please go through the AOS process spreadsheet - it has the information on what is required.

p.s. number your questions if you have more than one in a post.

What if filing after February 24th? Form I-134 is no longer needed to be sent after Feb 24th?
 
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