Form I-944 Dec of Self-Sufficiency for fiance visa applicants

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PLEASE NOTE: This form, I-944, is no longer required by the USCIS or any government agency. It has been discontinued for the Adjustment of Status. The following guidance is for your information only. You do not have to submit form I-944 anymore for K visa Adjustment of Status.

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.
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• ● 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.
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• ● There is No filing fee for this form

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What is form I-944 Dec. of Self-Sufficiency? (Discontinued form)

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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PLEASE NOTE: This step-by-step guide is for your information only as a sample of a finished form. This is not legal advice or a suggestion on how to answer government forms. Please consult USCIS instructions for details.

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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
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• ● Write additional entries. For example, if you ran out of space or entries with your “occupational skills”, write the remaining entries here.
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• ● Write explanations. For example, if you didn’t file tax returns and need to explain why, you may do so here.
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• ● 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
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• ● Assets if you include them for consideration to meet the 125% poverty limits
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• ● Proof of debts or liabilities as they apply to you
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• ● 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
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• ● Bankruptcy documentation, if any
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• ● 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
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• ● 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
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• ● Proof of being on federally-funded medicaid and being exempt from the public charge inadmissibility
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• ● If you ever withdrew from a public benefit, provide all documents
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• ● Evidence of higher education in the form of diplomas, transcripts, etc. to prove a positive totality of circumstances regarding your future employability
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• ● If you have occupational skills, provide proof of such. This includes certifications, diplomas, licenses, etc
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• ● If you have language proficiency training in English, or any other language, provide evidence.
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• ● 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.
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• ● It’s recommended to fill this form out by computer. If you prefer, you may fill it out in black ink
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• ● Don’t make smudges or highlights
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• ● 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.
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• ● Organize your paperwork with required documents in front and supporting in the back.
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• ● Use adhesive tabs to organize your packet
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• ● Use binder clips, paperclips, etc. try not to staple the forms
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• ● Unless specifically stated in instructions, you don’t have to supply originals or certifications. Normally, a clear, legible photocopy is enough.
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• ● Print single-sided
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• ● 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.
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• ● 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.

NOTE: This form, I-944, has been discontinued and is no longer required for Adjustment of status.

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