What? Another form to be submitted? As if it's not complicated enough already, US Citizenship and Immigration Services (USCIS) recently added a new required form called I-944 to your green card application process. But don't panic! After I did some research on this topic, it's really not that bad. Let me break it down for you:
***Alert: USCIS now requires Form I-944 again. It's back! Learn more here.
What is Form I-944?
Form I-944 Declaration of Self-Sufficiency is a new form required by USCIS since Feb., 24th, 2020. You can
download the latest from here on USCIS's website. If you submitted your application postmarked that date or prior, you don't have to worry about this form at all. (lucky you!)
This form is very similar to the Form I-864 Affidavit of Support but it adds more questions and requirements. The I-944 is used to determine whether you are able to support yourself and your family without relying on other public benefits.
The USCIS will evaluate all factors related to your age, health, family status, assets, resources, and financial status, education and skills, prospective immigration status, and period of stay.
Who Needs to File Form I-944?
You must file form I-944 if you are filing form I-485 and are subject to the public charge ground of inadmissibility. In a short answer, almost every one of us who are applying for a green card needs this form.
Be careful, if you are subject to public charge ground of inadmissibility and you didn't file form I-944 with your I-485 application, you will 100% receive a rejection, unfortunately.
Who should fill out this I-944 form?
The main applicant, usually the alien spouse (beneficiary). Here are some useful links:
Form I-944 Declaration of Self-Sufficiency Checklist
What Document/Evidence Need to Be Provided? Basically, you need all evidence to support the factors in form I-944 from education, finance to immigration status, etc. What if I am on a fiancee visa and/or am still waiting for my EAD, therefore there is no work history or US income tax return documents? It's okay to not have everything USCIS asked in the I-944 form, you just need to explain in detail with supporting documents and evidence!
Form I-944 Declaration of Self-Sufficiency Checklist
- I-944 Cover Letter
- Beneficiary’s most recent tax return documents and W2s
- Beneficiary’s credit report
- Beneficiary’s education diplomas (from high school to the highest level you have)
- Beneficiary’s health insurance policy and/or other proofs
- Beneficiary’s all public benefits (if applicable)
- Beneficiary’s debts and liability (if applicable)
- Beneficiary’s proof of assets
- Other Supporting Documents -See cover letter for more details!
Download the I-944 cover letter template here.
What's the Filing Fee for Form I-944?
There is no extra cost for filing form I-944. This is part of the I-485 application.
See all the required fees for your I-485 application here.
Where Do I File My Form I-944?
You need to file your form I-944 along with your I-485 application.
You have to go to USCIS's website to find out where you should file your I-485 application.
How Do I Pass the Public Charge?
Since this is a fairly new form required by USCIS, it's still very unclear how they evaluate your public charge test. What have we learned so far?
- You need to be able to support you and your family without public benefits for at least 12-36 months (about 1-3 years).
- The test is in aggregate, which means whether you use 2 separate benefits simultaneously for 6 months or 3 separate benefits for 4 consecutive months, both will be counted as 12 months (one year) of total benefit use.
- The USCIS evaluates both positive and negative factors and they also look at your employability, age, and your health condition, etc.
It's important to complete your form I-944 accurately to avoid rejections. Strategically, you can include any details to your advantage. Provide more positive evidence and supporting documents could help.
Click here to read about the I-944 Income Requirements and how to include assets!
About Credit Report
Where Do I Get My Credit Report?
There are a few free websites online where you can find your credit report. Here I will list a couple of options:
What if I don't have an SSN or any credit scores?
What if I am on a tourist B2 visa and don't have a social security number (SSN)? Can I still get my credit score and report?
No, you need to have a SSN to view your credit report, so if you don't have it and can't get one during this difficult time, I would suggest you prepare a note in your supporting documents to explain in details along with your application. You can also provide some bills that you paid on time as an additional evidence of good credit history! I think it doesn't hurt.
About Tax Return
You are required to provide your household income information. If you are employed, you should be able to provide W2 and tax return transcripts.
What if I have never worked in the US?
If you and/or your household members have filed foreign tax return in recent years, you can list on form I-944, Part 3, Item Number 9, Your Household's Assets and Resources. If you didn't need to file tax, you should always provide proof that shows why you didn't need to file any tax return.
Click here to see more information regarding the I-944 income requirements and assets.
Click here to read about I-944 Liabilities and Debts
About Education Background
How far back of my education history do I need to provide?
If you have a higher degree than high school, then starting from high school is the safest way. You would need to provide high school, college, and everything until your highest degree. Accepted proof of degrees include:
- Diplomas
- Transcripts
- Degrees
- Trade profession certificates or equivalent
If you don't have a high school degree, you have to indicate that in your form I-944, part 4 and provide the highest grades you completed.
What should I do if I don't have any evidence of my degree? It's not available anymore.
You need to provide explanation. You can go back to your school and ask them to write you a letter as a proof at least. As long as your reason makes sense, you won't be required for further evidence.
Where can I do my Education Equivalency Evaluation?
Be careful, if your degree was earned abroad (outside USA), you need to include an evaluation of equivalency to education or degrees acquired at institutions in the US. Here is a list of some organizations that provide equivalency evaluation services:
*Disclaimer: This post is for sharing my personal opinion only and not for providing any legal advice.
