Form I-944 Dec of Self-Sufficiency for fiance visa applicants
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This I-944, Declaration of Self-Sufficiency, is important to fill out correctly for the I-485. For K visa applicants, it’s a critical part of adjusting status to a permanent resident.
You submit this form in addition to your I-864 Affidavit of Support.
In this step-by-step guide, I’ll show you how to fill out the I-944 line by line. And you should keep these things in mind while we go through it:
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- ● Fiance K visa applicants are NOT exempt from this form.
. - ● The “Public benefits” criteria only applies after February 24, 2020. So, if you’ve received certain benefits prior to this date, you will not need to report it.
. - ● There is No filing fee for this form
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What is form I-944 Dec. of Self-Sufficiency?
Fiance K-1/K-2 visa entrants who apply for permanent residency are subject to the public charge inadmissibility and must submit the I-944.
The whole point behind this is to show the USCIS that you’re not going to be a “Public Charge” (INA 212(a)(4)). A public charge is anyone who may rely on government assistance in the future for 12 months aggregate in a span of any 36 months.
Simply put, if you’re going to rely on government assistance (food stamps, TANF, etc.) then you’re going to be denied permanent residency.
To help them make a decision, the USCIS wants you to fill out the I-944 and submit supporting evidence. They review this along with your I-864 Affidavit of Support in your entire Adjustment of status application.
Known as the totality of circumstances, they’ll “weigh” the total positive and negative factors to make a determination — considering your age, health, family status, assets, resources and financial status, education and skills and type of Immigration status in order to assess whether you’re “self-sufficient” and won’t burden US taxpayers by going on social assistance.
Use this step-by-step guide to help understand how to correctly fill out the form. In addition, realize that since this is a relatively new form with little “field testing”, not all questions have an explanation, so I’m providing guidance based on interpretation.
Finally, realize that if you’re just beginning the fiance visa process, I-129F, or even the K-1 visa interview, you don’t need this form. This is only required after you get married and are ready to apply for permanent residency.
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Step-by-step guide to filling out the I-944 form
K visa applicants applying for permanent residency fill this form. The questions don’t apply to the US petitioner. (HOWEVER, if this US petitioner is the I-864 sponsor and has used public benefits in the past, then it will affect the consideration.)
Each K visa applicant submits a separate I-944 form (i.e. K-2 children have separate forms). You can also download a sample form (scroll below).
The USCIS policy manual explains many of the concepts we’re going to talk about.
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Part 1 – Information about You
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Part 1 is about the beneficiary applying for Permanent Residency. Here you provide your biographical details.
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Question 1: Your current legal name. Don’t use nicknames or shortcuts. Use your official name as it appears in your passport, birth certificate, legal name change document or whichever is more current.
Question 2: Provide your current mailing address.
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Question 3: Provide your Alien registration Number (A number). All fiance K visa applicants have an A # (see your I-797 approval letter, any USCIS or DHS communication).
Question 4: USCIS account number (if any).
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Question 5: enter your complete date of birth in the correct format mm/dd/yyyy.
Question 6: Enter both your city/town of birth and country of birth.
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Question 7: Provide your current nationality. If you have dual citizenship, select the latest you used to enter the country with a fiance K visa.
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Part 2 – Family status (your household)
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Part 2 is about your household size. Household is defined in detail in the I-944 instructions and it’s generally anyone who is dependent on you for financial support. Depending on how many people are in your household size and whether you have enough income / assets to support them, the USCIS will use this either as a positive or negative weighted factor.
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Question 1A: List yourself as the first household member. Enter your name, DOB, and A#. Select “self” for the relationship. You may select “yes” for the irrelevant questions that ask whether this household member lives with you and is filing with you.
Question 1B: List your US petitioner spouse as the next entry. Enter his/her name, DOB, and A# (if any). Select “spouse” as the relationship. Select “yes” or “no” if your US petitioner spouse lives with you. Select “no” because this US petitioner isn’t filing an immigration benefit along with you.
Question 1C: List your other household members. Read the instructions to see who is counted. For instance, K-2 visa children will be counted as household members.
Anyone whom you support financially (>50%) will be counted regardless of which country they live in. Anyone who is a dependent on your (on tax returns) will be counted. If you have K-2 visa children who are also applying for Adjustment of Status, you select “yes” to the question about filing the immigration benefit together. If you pay child support, you must attach evidence that specifies how much you provide. Remember, this only applies to the beneficiary K-1 visa holder (not the individual filing the I-864).
If you run out of space and need more entries, you can keep adding them on Part 9 additional information.
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Part 3 – Your and your Household members’ assets, resources, and financial status
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Part 3 inquires about your assets, resources, and finances in addition to anyone in your household. The USCIS will take these resources into consideration when making a determination on your public charge. It’s a positive weighted factor if your household income / assets are more than 125% of the poverty limits.
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Question 1A: first list yourself. Answer whether you’ve filed a federal tax return. Most fiance K visa applicants won’t have because they’ve just entered the US for the first time. So, most K visa applicants will select “no” and the reason would be that you’re “not required to file a tax return”. Provide a written explanation below that you were not working.
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Question 1B: list your US petitioner. Answer whether or not the US petitioner (the one who filed your I-129F petition) filed tax returns. Again, if you’ve filed a tax return, then put the year and “total income” as per your tax returns or IRS transcript. If the US petitioner didn’t file a tax return, provide an explanation.
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Question 1C: Repeat for any and all other household members (include K-2 visa children). If you need more space, use Part 9 “additional information”.
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Question 2: Declare if any of the household’s income came from illegal activities.
Question 3: If so, provide the amount of money which came from such sources.
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Question 4: Declare if any of your household’s income came from public benefits.
Question 5: If so, provide the amount of money which came from such sources.
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Question 6A: Provide any additional income you (the K visa applicant), your spouse, children or household member received on an on-going basis. The most common example is child support (which may not be reflected in tax returns). If so, list the “type” and “annual amount” of this income. Select whether you will continue to receive this income into the future… and when you expect this income to end. Repeat this for all additional income for all household members. Use part 9 if you need more space.
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Question 7: Declare if any of this “additional income” from question 6 came from illegal activity.
Question 8: If so, provide the amount of money which came from such sources.
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Question 9: if your combined income is less than 125% of the poverty limits, you may choose to include assets to help “make up the difference”. For K visa applicants, since you’re married to the US petitioner, you only need to show 3x the difference up to 125%. Otherwise, if you exceed the requirement, you don’t have to show assets.
If you need to show assets, you can select from a dropdown list for “checking, savings, annuities, stocks, bonds, CDs, retirement accounts, educational accounts, real estate holdings, or other”. The usable assets must be convertible into cash within 12 months. Attach supporting evidence to prove you or your household member have these assets.
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Question 10: Provide a list of all your debts or liabilities. This includes car loans, mortgages, credit card debt, student loans, or other debts. If you have, attach supporting evidence to show these debts and the amounts left.
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Question 11 and 12 Credit Report or Score: Select “yes” or “no” to indicate if you have a US based credit report or score. You can get a free annual report from government websites. Run the search on your name. If you don’t have one, as will be the case for many new K visa applicants, you must show that there’s no report found.
Question 13: if you have “negative” credit report history, provide an explanation of why that is. Provide supporting evidence or an explanation.
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Question 14: indicate if you’ve ever filed for bankruptcy in the US or abroad. If yes, then provide details in this question. Also provide supporting documentation about the resolution of that bankruptcy.
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Question 15: Indicate if you have health insurance. For K visa applicants, this is most likely through your US petitioner’s employer. If you’re covered with a health insurance policy, provide supporting documents (acceptable ones are listed in the I-944 instructions). If you’re covered, indicate the premium tax credits, the total annual deductible of the policy, and renewal date for the policy.
If you don’t have health insurance or are currently enrolling in one, select the appropriate responses for part d. Remember that certain medical insurance is acceptable as proof of coverage. While other medical coverage (such as medicaid for those over 21) is supposed to be listed as a public benefit.
If you absolutely don’t have insurance and are not enrolling, the USCIS wants to know how you intend to pay for reasonably anticipated medical expenses. List your explanation in the field provided.
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Question 16 Public Benefits: In this group of questions, indicate if you ever got or are certified to receive public benefits. Public benefits are listed in the form and include assistance such as TANF, SNAP, SSI and so on. If you have not received or are not certified to receive these public benefits, then select the “no” responses below.
Question 17: Here, indicate if you ever withdrew, disenrolled or requested to be disenrolled from public benefits. Provide the expected date of termination of benefits.
Question 18: List all the different time periods where you received any of the public benefits you checked in question 16. Indicate which agency provided the benefits, the dates you received them, and the amount of such benefits. Repeat for all entries and the different time periods. Keep in mind that not all public benefits must be listed. Some public benefits are not considered if they were obtained before the October 15, 2019 date. If you need additional space for more entries, use Part 9 Additional Information.
Question 19: There are certain exclusions of individuals who don’t need to list public benefits. Examples include military personnel with supporting documentation or state-funded medicaid programs with proof. The exceptions are explained in the I-944 instructions. Select any and all exclusions that apply. If you believe you qualify, attach supporting documentation that you’re exempt.
Question 20 and 21: indicate if you’ve received, or are certified to receive, a federally-funded medicaid program from this list. These are mostly exempt from the public charge inadmissibility with supporting evidence. Select which apply. Provide the dates of when you received such benefits.
Question 22: indicate if you ever applied for a listed public benefit and are currently pending or have been denied in the past.
Question 23: if you have, select all the ones you’ve applied for. Then select all the ones you were denied.
Question 24 and 25: input the dates of when you applied for these benefits. Select whether you withdrew your application before being certified. Provide supporting evidence.
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Question 26: The USCIS may waive fees for immigration forms for qualifying applicants. Did you ever file such a waiver or were granted a fee waiver in the past? Select “yes” or “no”, then provide the date of such waiver, along with the immigration form and USCIS receipt #. If you need more space, use Part 9.
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Part 4 – Your education and skills
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In general, Part 4 inquires about your current and past education and employment. The USCIS wants to know how “employable” you are. Meaning, do you have an education skill, work history or some other qualification that makes it likely you will be employed, earning money and not a public charge? Provide a clear outline of your education and skills so that the USCIS can assess your I-944.
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Question 1: This normally doesn’t apply to fiance visa applicants but indicate if you’ve been approved an I-140 for an alien worker by selecting “yes” or “no” accordingly. If “yes”, then provide your receipt #.
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Question 2 and 3: select whether or not you have a high school diploma or an equivalent. If you don’t have one, put your highest grade in question 3. If you do have a high school diploma or equivalent, then you must list that in question 3.
If you have higher education above high school, you must detail which education you have, the name of the school / program, the degree you obtained, the field of study and the start/end dates of such. If you have higher education, provide proof in the form of transcripts or official letters from the issuing authority describing your education and degree. For those who went to colleges in foreign countries, you may obtain an “evaluation of equivalency” from the US.
Remember, all of this information allows the USCIS to determine your future “totality of circumstances” regarding employment. Being employed or having an education is a positive factor. Repeat the entries as many times as you need for your education history. If you need more space, use Part 9.
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Question 4: Indicate if you have any occupational skills. Occupational skills as described in the I-944 instructions. They also include things like language proficiency, certifications of certain skills, training, etc. The point, again, is to be able to show that you’re skilled and valuable enough to be readily employed in the future. If you have such occupational skills, you’re encouraged to provide evidence to support it.
If you have skills, list the type, date obtained, issuing authority, license number (if any), and the expiration date. Repeat the entries if you have more than one skill. If you need more space, use Part 9.
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Question 5: indicate if you’ve taken any English, or any other language, proficiency classes or courses. This can be any sort of certification or training you got to help with English speaking. If you’re a native English speaker, you should also provide evidence of proficiency in English, including but not limited to a High School diploma showing English classes. The USCIS officer will also assess your English-speaking skills during the green card interview. It’s a positive factor if you understand basic English.
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Question 6: indicate if you’re retired, and if so, the date you retired.
Question 7: indicate if you’re the primary caregiver of a young, elderly, ill or disabled person.
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Part 5 – Declarant’s Statement, contact information, certification, and signature
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In general, part 5 asks you to declare that you understand and accept this form and vouch that the statements made are true to the best of your knowledge.
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Question 1: Select whether or not you understand the questions in English and have completed the form on your own, or if you used an interpreter. An interpreter is anyone who reads and translates the questions for you.
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Question 2: Indicate if you had any preparer help you. A preparer is anyone who helped you physically put the paperwork together, assemble your forms, or compiled documents with you. A preparer is not necessarily the same person as the interpreter.
Question 3, 4, 5: provide you contact information: phone number and email, if any.
Question 6: read the instructions and the information regarding your responsibilities and legal obligations, then sign and date the form in black ink. This must be a “wet signature”.
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Part 6 – interpreter’s contact information, certification, and signature
This quick section allows your interpreter, if any, to provide their contact information, certification and signature. Remember, an interpreter is anyone who translated the form for you. They must be competent in both the language you speak and in English.
Question 1 – 7: the interpreter provides his/her name, address, business (if any), contact information, the language being interpreted, and their signature + date.
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Part 7 – information of the preparer
A preparer is anyone who helped you prepare your forms, fill out answers, or assemble your packet. This section asks the preparer to provide their information.
Questions 1-8: the preparer provides his/her name, address, business (if any), contact information, and their signature + date. If the preparer is a licensed attorney, they must declare that.
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Part 8 – Signature at interview
Do not complete this part just yet. During your I-485 Green card interview, you will complete and sign this part in the USCIS officer’s presence.
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Part 9 – Additional information
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Part 9 is additional information. Your name and A # (if any) should auto populate. For each entry, you may talk about, describe or explain any situation in your forms.
Entry 3-6: Write the page number, part number, and item number of the question you’re referring to. Examples of what goes in these entries include…
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- ● Write full details (if there wasn’t enough space to write the full answer). For example if you needed more space to write your address, do it here
. - ● Write additional entries. For example, if you ran out of space or entries with your “occupational skills”, write the remaining entries here.
. - ● Write explanations. For example, if you didn’t file tax returns and need to explain why, you may do so here.
. - ● Many more reasons to use Part 9.
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Use additional copies of this page, if necessary, to keep going with more entries if you run out of space.
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Download a completed SAMPLE I-944 form
A generic K-1 visa applicant Ana Doe (beneficiary) applies for her I-485 Adjustment of status. Ana is from Brazil and recently came to the US to marry her partner on a fiance visa. She has a young child who came on a K-2 visa. Download the sample I-944 form she fills out:
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Download the sample form I-944
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Her circumstances are made up and her background information is generic. You may use this example form to help you build your own form. Remember, this is just an example, you must provide supporting evidence in connection with your I-944.
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I-944 Supporting Documents
Going through the I-944, you’re going to have supporting documents to submit along with your packet. Keep in mind not to send duplicates if they’re the same as what you submit for the I-864 (e.g. tax returns) or in your I-485 packet. Here’s a list of what you may need:
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- ● Tax returns or IRS transcripts from all household members
. - ● Assets if you include them for consideration to meet the 125% poverty limits
. - ● Proof of debts or liabilities as they apply to you
. - ● Credit Report and Score (if any). If none are available, submit evidence of no report. If you have “negative” history, provide supporting evidence of why that is
. - ● Bankruptcy documentation, if any
. - ● Proof of health insurance coverage. Either a statement from the Insurance provider, from your employer, or any of the documents listed in the I-944 instructions
. - ● Proof of public benefits. Or proof of acceptance, denial or rejection, or withdrawal of public benefits. If you fall in an exception (such as a US Armed forces member or spouse) you may exclude certain benefits
. - ● Proof of being on federally-funded medicaid and being exempt from the public charge inadmissibility
. - ● If you ever withdrew from a public benefit, provide all documents
. - ● Evidence of higher education in the form of diplomas, transcripts, etc. to prove a positive totality of circumstances regarding your future employability
. - ● If you have occupational skills, provide proof of such. This includes certifications, diplomas, licenses, etc
. - ● If you have language proficiency training in English, or any other language, provide evidence.
. - ● Extra copies of Part 9 “additional information” if you need extra space for entries.
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This list isn’t comprehensive and it depends on your unique situation.
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How do I assemble this I-944 packet?
Assemble and include your I-944, plus supporting documents, along with your complete I-485 packet (see checklist). Here are some best practices to help:
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- ● Use the latest edition date on the I-944 form. Don’t worry about the expiration date of the form (on top right hand). The “edition date” is most important and the date by which the USCIS accepts forms.
. - ● It’s recommended to fill this form out by computer. If you prefer, you may fill it out in black ink
. - ● Don’t make smudges or highlights
. - ● Your signature must be original in the actual I-944 form (i.e. “wet signature”). However supporting documents can have photocopied, scanned or faxed signatures.
. - ● Organize your paperwork with required documents in front and supporting in the back.
. - ● Use adhesive tabs to organize your packet
. - ● Use binder clips, paperclips, etc. try not to staple the forms
. - ● Unless specifically stated in instructions, you don’t have to supply originals or certifications. Normally, a clear, legible photocopy is enough.
. - ● Print single-sided
. - ● Since this is a relatively new form with lots of questions and confusion, you can use I-864 instructions to help fill the gaps due to the similar nature of both forms.
. - ● All Non-English documents must have a translation with a certification from a competent person.
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To assemble the packet, simply put it together with the I-485. You can choose to strap each packet with rubber bands to separate out individual packets (i.e. I-864 packet rubber banded separately from the others).
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Let’s talk about this below
After you submit your packet, what happens with your Adjustment of status application?
The USCIS officer will take into consideration the “totality of circumstances” and determine if you’re a public charge by looking at both your I-864 and I-944. This is an integral part of your application for permanent residency.
Normally, the I-944 timeline is the same as the I-485. Things will be processed together. On average, the green card is processed within 12 months. You will get a decision notice when you go for the Green card interview.
Remember, the whole point behind the I-944 is to figure out if you’re going to be a public charge (and thus ineligible for permanent residency). Your goal is to provide this form with supporting documentation to help the USCIS make a decision.
They’ll use this, along with the totality of your circumstances and the I-864, to weigh the positive or negative factors in your case.
Public benefits before the February 24, 2020 date don’t count. Some people are exempt from the final public charge rule, however, fiance K visa applicants are not exempt.
Let’s discuss the I-944 below in the comments.
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Hi Prem,
My wife and I are currently preparing the forms to file for Adjustment of Status. For the Affidavit of Support, my mother will be acting as a joint sponsor. How does this affecting filling out the I-944? Is my mother considered part of our household? In the I-944 instructions, it says to include “any individual who provides to you at least 50 percent of your financial support, or who lists you as a dependent on his or her federal tax return.” My mother currently does not provide 50% of financial support to my wife and I, nor lists either of us as dependents. She is acting as a joint sponsor, because my income falls a bit short of the requirements, although I have the means to support my wife. I assume the joint sponsor doesn’t need to be listed within the I-944, is that correct?
Thanks!
Hi Prem,
I have a short term health insurance for several months for my time of arrival. I intent to get annual plan thereafter.
In item 15D you indicate that you have insurance or you’re planning on obtaining it. How should I answer item 15D in my case that is not specifically a choice?
Thanks.
Hi Prem,
Thank you so much for your guidance. My fiance is a recent university graduate (from a foreign university) with student loans. He now has a bachelor’s degree in a STEM subject. We are worried about how USCIS will view his financials given his lack of employment history and debt. Do you think we’re right to be worried?
Jenna
Hello Jenna,
That’s an understandable concern. However, keep in mind that debt is only one of several factors (both negative or positive) that the USCIS uses to evaluate your case. As I may have mentioned in your email query, STEM jobs are stable and in-demand. Therefore, you can use that to your favor to prove to the USCIS that your partner has much more positive weighed factors than negative ones. In addition, since you’re graduating from law school, your circumstances will have a positive impact on the bottom line as well. I suggest you look more into the “totality of circumstances” found on my website. This will explain the situation clearly.
-Prem
my k2 (10 years old) will apply for green card, we need to submit self declaration but how does credit report, insurance and such will apply to a 10 year old applicant?
Hello Annie and thanks for contacting us.
Since your 10 year old kid has no credit report and insurance (other than health insurance) then, the option to select is “no”.
Just in case, you may take screenshots or print a report of “no report found” if you feel more comfortable including such evidence.
However, the USCIS understands a minor won’t be able to produce a credit report.
If you need any more help, we’ll be glad to assist you.
-Cris (Visa Tutor Team)
Hey Prem,
So for part 3, question 17 should I check “no” or should I just leave it blank since I did not take any public benefits. I did mark “no” for 16 also.
bit confused on this one
thank you
Ross, thanks for getting in touch.
Try your best not to leave anything blank.
So, “no” best fits your question here.
Come back anytime and we’ll be glad to help you.
-Cris (Visa Tutor Team)
Hi Prem
I have a question about health insurance. I added my husband to my insurance plan. But i received tax credit as i have an Obama Care plan. I was on maternity leave so i qualified. So by adding him i guess he received credit too right ? Will that affect the allocation ? I might lose the benefits as i go back to work after the situation with Covid 19 clears. Shoul i just make a note that he received the benefits through me and explain the situation? Also technically its pending awaiting for his status as he doesn’t have a social security number yet.
Thanks
Dina
Hi Dina,
That’s a good question. And as I’m sure you’ll understand, we don’t know exact answers to this yet because it’s such a new form and still “untested”. So, in my opinion this tax credit for your health insurance will not make or break any part of your totality of circumstances because the tax credits are usually minor. But, I agree with you to disclose it and write a note saying that your partner is on your plan. I don’t think there’s a need to delve into great detail in your note on part 9 additional information, either. Just be clear to explain your current situation in the note. That’s ultimately what gets them to decide the totality of circumstances. I hope this helps somewhat … as I know many answers won’t be clear yet until applicants start coming back and telling us how the USCIS is handling such questions.
-Prem
I was wondering if i have to get a credit score for my child. she is 6 years old on a k1 visa.
thanks
Hello Farzana,
Very understandable question. All I-485 applicants with a K1 or K2 visa must submit the I-944. However, for young children, there’s no credit report or score available. That’s the same for K visa applicants who are new to the US and have no history or record. There’s no instruction from the USCIS on how to provide the appropriate response. However, to me, it’s clear we should ignore it because the criteria doesn’t apply.
-Prem
Hi Prem,
Your pieces of information are very valuable, thank you for sharing them with all of us!
I would like to ask you some additional questions about the form, specifically in item 17 and 19.
So on item 16 I have checked that I have never received any public benefits and that I am not certified to receive any in the future.
My questions come to the interpretation of questions 17 and 19:
On item 17, should I leave this case blank? I feel like checking ‘No’ means that I have enrolled to a public benefit in the past which is not the case.
On item 19, they said IF you answered ‘yes’ to item 16 select the cases that apply to you, one of them is ‘none of the above statements apply to me’. I am confused as whether or not I should leave this question blank, because I did not checked yes on item 16, or check ‘none of the above statements apply to me’ as it would mean.
These instructions are getting me confused as how they should be interpreted.
Thank you in advance for your help!
Hi Jackykat,
That’s a good observation. Your question is understandable because the form is vague on the appropriate response. To me, if you do not use public benefits and have never been certified (or applied) for them, you select “no” for both parts on question 16. Likewise, for question 17, I would select “no” if you’ve never disenrolled, withdrawn, etc because technically you haven’t. For question 19, it only applies if you select “yes” to question 16. Therefore, to me, it’s best to leave it blank. That was my interpretation. If you find / see anything on the contrary, please let us know. Thanks
-Prem
Hi Prem, thank you so much for the thoughts regarding debts/liabilities. Your course on the K-1 process was invaluable and helped us sail through with no issues so we really respect your opinions.
Another question I had is regarding legal documents in a foreign language. The instructions.pdf for most forms (including the I-944) say that any documents in a foreign language must be translated to English (see exact text below). If my wife who is from Brazil speaks both Portuguese and English, can she provide translations for her own documents and “certify” them with a letter that they are accurate to the best of her knowledge? We are being quoted very high prices for translations, and my wife had to take advanced English coursework to complete her master’s degree in Brazil, so it seems silly to pay so much for work we could do ourselves unless the USCIS requires some specific translator qualifications.
[From I-944 instructions.pdf]
Translations. If you submit a document with information in a foreign language, you must also submit a full English
translation. The translator must sign a certification that the English language translation is complete and accurate, and that he or she is competent to translate from the foreign language into English. The certification must include the translator’s signature. DHS recommends the certification contain the translator’s printed name, the signature date, and the translator’s contact information.
Hi Eric,
Yes, you’re allowed to use your wife as a competent translator. You can use the same method / template that I’ve shown in my courses on how to certify the translations.
If you want to hire someone, the cost for translations shouldn’t be expensive. Many companies do it online and send you the translation digitally.
-Prem
Hi Prem,
Thanks so much for your quick response. I’m in a dilemma then, and hoping you can give your opinion. I have actually filed (at the end of February) an I-130 for my husband, and then the I-129F (for spouse) to try to get him here sooner before the I-130 is processed. Right after our wedding, I learned that I would be losing my job due to company relocation. I have not yet found a new job, but am confidant I will before the next step in the VISA process comes. Because of COVID-19, however, I know that finding a new job may now take longer than I want. I’m afraid to apply for unemployment, because I don’t want it to affect any part of his VISA, but I also would really like to take advantage of the chance to have some income while I am looking for a job. Thoughts? Again, my biggest fear is that me applying for/receiving unemployment now will mess up the VISA process later, even though I will have a new well-paying job before we have to file the financial support papers.
Thanks again!
Hey Kelly,
We’re in uncharted territory here as this is a new climate of restrictions and rules on public charge. In fact, I’ve yet to get live feedback from my students on how their green card interviews went after the public charge went into effect. They were all on hold since the COVID-19 caused USCIS offices to close and postpone all interviews.
Still, I believe the USCIS may become temporarily lenient on the income requirement / public charge issue due to the unprecedented world events causing people to lose jobs or incomes. Like I’ve mentioned before, unemployment is currently not counted as public assistance. Theoretically it should not affect you. However, I believe you’re making the right assumptions. Assuming you can get a job / income before the interview rolls around, this would fix the problem.
Again, to me, since this is an unprecedented time period, I honestly feel the USCIS will forgive those who become unemployed or use benefits in this time period. In fact, recently the USCIS announced they will extended people’s RFE or notices if they weren’t able to respond back in time due to the COVID-19 issues. So, I’m hopeful they’ll do the same for people who apply for visa petitions and have problems during this time.
-Prem
Hi Prem,
The I-944 is specifically for the foreign fiance, who in my case has never been in the USA, and thus has never used any of the government assistance here. My question is, if I as the foreign sponsor have ever been on unemployment, is that a negative that could affect his VISA? I can’t find any mention of that aid specifically, and again, it would be on my side, not his. Please help!
Kelly
Hello Kelly,
This I-944 is for the foreign fiance, whom as you correctly pointed, normally hasn’t been to the US before and thus doesn’t have history of being on government assistance. You, the US petitioner may choose to be the primary sponsor for the I-864, in which case your government assistance may cause your beneficiary to be deemed a possible public charge. So, even though the beneficiary may not be a public charge on their own, the I-864 sponsor may be have been on assistance. To answer your question, as of now, being on unemployment is not considered public charge as per USCIS https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-10 policy.
-Prem
In Part 3 Question 10, should the liabilities be just for the applicant, or the applicant and spouse together? I interpreted it as just being for the applicant, including any debts incurred via marriage (based on prenup or common law state, etc).
Hello Eric,
That’s a good question and the USCIS doesn’t clarify this in the instructions. However, in my opinion, this means just the applicant and the liabilities / debt he or she may have accrued. I’ve looked through the USCIS instructions / policies on what they consider as positive / negative factors (https://www.uscis.gov/policy-manual/volume-8-part-g-chapter-9) and believe that according to their wording, the debts/liabilities refers to the applicant only. But I understand your concern and confusion, this isn’t 100% spelled out. But I would feel safe to assume that it’s only the applicant in question.
-Prem
Is this new form still required if we have never used public benefits AND we submitted our Adjustment of Status application and Work Permit application before February 24, 2020? Thanks!
Shella,
This form is required by everyone who files the form I-485 for adjustment of status starting now. If you’ve already submitted the form before the cutoff date, you do not have to submit it now.
-Prem