I hope you are doing well in this weird COVID-19 time. We are doing fine, just managing my businesses, homeschooling kids and doing the tasks at home is too crazy. Please accept my apology, I didn’t publish a blog post about the following topic earlier. I needed to do a proper research and also wanted to hear the opinion from my partner Mr. Joseph Atkin (immigration lawyer).
There is a significant change regarding Adjustment of Status application (I-485) which is part of EB2 NIW case.
USCIS implemented the Inadmissibility on Public Charge Grounds final rule on Feb. 24, 2020. A public charge determination is based on an applicant’s likelihood at any time in the future to become a public charge.
I hope most of you should fall into “admissible group”. Unless you receive public benefits at the threshold, have more members in their household than you could possibly feed, have no current employment or recent employment history, have a huge debt, have a significant medical condition and a lack of private health insurance etc.
If that might be your case, I wrote a very lengthy blog post covering all these things. What are the factors rising a red flag, what helps and how USCIS evaluate this? I also briefly described the case of low-income farmer worker who, despite negative factors, ended up as admissible.
Even if you are very likely admissible on the public charge ground you need to fill the required forms and provide evidence.
The form I-485 was changed and in addition a new form I-944 must be filed with I-485 petition. Even though I-944 isn’t extremely difficult, the form is lengthy (18 pages) and requires a ton of supporting evidence depending on your situation.
Let’s see what is this all about.
(this link will bring you to my other blog about EB1A green card – the same rules apply for EB2 NIW in this case)
Please let me know if you have any questions.
PS: all our DIY kits have just been updated and reflect these changes (free for all customers)
on i140 eb2niw on (5.12 annual income) should the income be the current amount of the petitioner or the profession in the us? fill in the item (6.2 SOC CODE for eb2 niw)
Hi Adriano,
you can get examples of all filled forms in our DIY kit.
Veronika
Hello Veronika,
Thank you very much for your blog! It’s been very useful for the filing tips 🙂
I’m planning to submit my I-485 soon together with all the other forms (I-864,I-944,etc) I was wondering if you have bundled all forms together or you did them individually with ACCO fasteners?
Also, how did you submit the passport pictures? have you attache to a paper sheet?
Thanks so much!
Lucas
Hi Lucas,
thanks for your feedback!
Yes, one bundle was primary applicant (everything together including I-485, I-765, I-131, I-693 plus all evidence, now newly I-944 plus evidence). Photos and this kind of stuff was in a ziplog bag which was taped to a paper, so it won’t “fly away”. Second bundle was similar (derivative applicant, if any).
Hope it helps, good luck!
Veronika, founder of EB2 NIW blog
Hi Veronika,
I hope this message finds you well.
First I wanted to say that your blog is a lifesaver! I have purchased your EB2 NIW – DIY package and I noticed you did not include any I-864 forms neither for the applicant or the derivative applicant. Now, I understand that the principal applicant is exempt from it but what about the spouse?
Second, are you planning to update the package to include the new version of the forms and also the new I-944?
Thank you in advance,
Christian B.
Hi Christian,
thank you so much for your kind words and that you chose my DIY kit! I have just finished update of the DIY kit, sent the new version to the most recent customers and implementing into my automatic system here right now. Please forward an email which shows your purchase and I will send you updated version too. All forms are updated, new I-944 plus evidence was added and couple other minor changes, more in the blog post about this update (coming soon).
Veronika, founder of EB2 NIW blog
I just got the email with the update! Apparently, I was in the list of most recent customers already! Thank you so much!
Great, I am glad you got it! You are welcome.
Hello Veronika
I just got the I-485 bundle, it will be super useful. We submitted the I-140 and want to submit everything else ASAP, even if the I-140 is not approved yet. I have the same question as Christian. Does the spouse need to submit the I-864?
Thanks a lot!
Hi Marcela,
thank you for the purchase! I don’t know your exact situation, but typically it is not needed in NIW case. Check the kit – there are both complete applications – husband’s and wife’s. I hope it helps.
Veronika
Hi Veronika,
Your kit was supper helpful!
We just sent I140 and preparing the I485. Our situation is very similar to yours, I sent I140, my wife and I will sent the I485 once I140 is approved. Do I/we need to file I-864 (if I understood correctly, I don’t, my wife does)..
Thanks a lot,
Guy
Hi Guy,
I have just released the most current version of the DIY kit which includes husband’s and wife’s petition. Send me your proof of purchase by email and I will send you new version of the kit.
Veronika
PS: I am not a lawyer thus I cannot give such direct advice what you should do, but example in the kit will answer your question
Hello Veronika,
Does your kit contains examples of I-944?
I am applying and I have an approved I-140, however I am not sure how should I fill my wife’s I-944. Should I entered yes regarding the approved I-944 (Education and skills) or should I answer no and enter all her info?
Thanks!
Eduardo
Hi Eduardo,
yes, the latest version of DIY kit includes complete petition with I-944. It also includes wife’s complete I-485 petition with I-944. If you already have I-140 approved, you might want to buy only I-485 kit (cheaper).
Let me know if you have any questions.
Veronika
Hi Veronika,
Starting from July 29 and while the state of emergency remains in effect, I-944 is no more needed, right?
https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/injunction-of-the-inadmissibility-on-public-charge-grounds-final-rule
Thanks for the kit,
Vladimir
Hi Vladimir,
I don’t have any other info than this. It seems to be related to the state of COVID national emergency and it doesn’t say if they put it back later. It also say: USCIS will not reject any Form I-485 on the basis of the inclusion or exclusion of Form I-944 so it doesn’t hurt both ways.
Veronika
Hello, I and my spouse have I-140 approved through each of our employers. My priority date is now current so she is applying AOS with me. Can somebody please help me with these questions –
1) Part 3, Household Income –
a. I and my spouse filed taxes jointly, do we put the same total AGI number from the tax transcript for both myself and spouse, or individual incomes from W2 under respective names. If latter, the numbers may not add up (because of wages, dividends, interest, 1099-Misc etc.) to the AGI from tax transcript, copy of which needs to be mailed.
b. My son is 3 years old and so did not have any income. He is also a US citizen by birth. He was included as a dependent on the joint tax return that I and my spouse filed. Should I select Yes or No for the question “Did you or your household member, whose income is being included, file a Federal Tax Return?”
2) Part 4 Your Education and Skills –
a. My spouse has an approved I140 through her employer but she is applying for AOS with me as my derivative. Should she select yes or no to the question “Do you have an approved Form I140 as an alien worker”. If select No, then should she leave the Alien Registration Number in Part 1 blank. Spouse has an Alien Registration Number because she has an approved I140 through her employer.
Hi Himanshu Kapoor,
these are specific questions – non-lawyers are not allowed to give such direct advice to you. But you can see example of the similar situation – we filed I-485 (my husband as primary applicant based on his approved I-140 and I was derivative applicant). We had joint tax filing and we also had a child born in the USA. You might want to check our example here in I-485 DIY kit.
Veronika
Hi Veronika, I can’t see any examples on the link you shared. Do I have to purchase the DIY kit to see the examples?
Hi Himanshu,
yes this service is paid. DIY kit includes complete petitions of the family (2 adults with US kids, kids do not need their own petition).
Veronika
Hi Veronika,
Below is my current situation. Please advise which latest package I should purchase (I-485 DIY?) Thank you.
1. I am the principal applicant, EB1, with approved I-140 and Supplement J.
2. My spouse and nine-year-old child currently reside with me in the US and are applying for AOS with me. They do not have SSNs or Credit History.
3. Our medical insurance card does not show an expiry date, and I’m told I’m continuously enrolled until I opt out.
4. It is my understanding that all forms (i-485, I-944, I-765 specifically for requesting SSN for spouse and child, I-131) are required for all three of us. Is that correct?
Hi Narayanan,
if you already have I-140 you would need only I-485 DIY kit. This one shows Eb2 NIW primary applicant and his wife’s application too – it is basically same for EB1 (I can give you a free bonus EB1A I-485 application which I normally sell as a part of the whole EB1A DIY kit). We also had kid at that time but we only had her name in the forms but she didn’t need to apply with us (she was born here = US citizen). However, if she was not US citizen we would need to do her own I-485 application too. Regarding insurance card – ours also didn’t show any dates but my husband logged into the system in dig deep to get the documents with dates there or he had to ask for it. The kit shows how this type of evidence look like. I am sorry only lawyers are allowed to give advice regarding your specific case and I am not lawyer. I hope this helps a bit. I am sending this reply to your email and if you have any other questions just hit reply there. Also, remind me (in case you buy EB2 I485 kit) the free bonus Eb1A I-485.
Veronika
Hi, I’m doing the I-485 for our family and I wanted to ask if you know if the children will need all the documentation for the I-944 as well (since my husband and I have joint bank accounts and filed taxes jointly I would have to print basically the same papers 4 times for the 4 of us)? I know that they have to have their separate I-944 but since we are sending all the applications together it seems a bit excessive with separate copies of evidence as well.
Hi Karin,
it all seems reasonable what you say, but I cannot tell if it is 100 % OK. I don’t have personal experience with this situation and none of the clients returned with info about this particular situation so far.
I am sorry I cannot help better here.
I wish you good luck!
Veronika
Hi, Is your EB 2 NIW DIY kit up to date for 2023? Is there any information for aliens who were deported for overstaying their visa but have completed their bar by several years?
Hi Liz,
last update was made in 2021 (I update the whole kit when there is a major change, for example Dhanasar). I don’t have experience or information about “deported for overstaying their visa”.
Veronika, founder of EB2 NIW project