I-944 question

[jakelong159]

Hello there, I have a friend who has questions regarding about I-944 about part 2 and 3.

My friend is a international student and he's applying for green card through EB3 (unskilled labor). He was told to file I-944 along with his I-485. He was stuck at part 2 and 3. Part 2 and 3 ask to list household members and financial resources. Since he is a international student, he doesn't have income. His main income was from his mother support (his mother is from another country) and he is currently living with his uncle and cousin's family.

So when he is filling the question, does he list his mother as household member and list her financial resource? ( since his mother provide him 50% of the financial support) or should he list his uncle and cousin as his household members and ask them for their bank statements).

Any advice or suggestions would be much appreciated.

[Johnny6751]

Household means "the people he live under the same roof with". If his mother doesn't live with him and then she's out of the picture. He needs to list the number of people that lives with him that provides at least 50% of his financial support. If his uncle falls under that category then he gotta list that and provide the supporting evidence.

[newacct]

Household means "the people he live under the same roof with". If his mother doesn't live with him and then she's out of the picture.

Not true. According to I-944 instructions, anyone who claims him as a dependent or provides more than 50% of his support is counted in his household.

[jakelong159]

So which one should he go for. I meant his mother is living in another country though ( so household member doesn't count), but can be counted as a financial supporter right?

[newacct]

I don't think household members have to be in the US. If his mother provides more than 50% of his support, then she is a household member.

You might want to hurry and file I-485 right now without I-944 as USCIS won't reject I-485 filed without I-944 while the injunction is in effect which may not last more than a few days.

[verbose]

This is good advice. I-944 was the biggest portion of the AOS application I submitted for my parents couple weeks back.

Couple questions:

1. Has USCIS revised the instructions saying I-944 should not be submitted anymore (I guess they should have)?
2. Lets say the injunction lifts after 2 weeks and I-944 becomes required again, then only the folks who applied in the two week window (to be precise, have a priority date in the two week window) will be exempt from the requirement to submit I-944?

[R78]

As of now, I-944 is not required due to the injunction from the District Court. However, this matter could be appealed / injunction lifted in the near future. So file asap and obtain the receipt.
To answer your questions:

1. Has USCIS revised the instructions saying I-944 should not be submitted anymore (I guess they should have)?
>>> There is no need to revise any forms / instructions. The USCIS has already updated its website and internal memo's to accept applications without this form.
https://www.uscis.gov/green-card/gre...nds-final-rule

2. Lets say the injunction lifts after 2 weeks and I-944 becomes required again, then only the folks who applied in the two week window (to be precise, have a priority date in the two week window) will be exempt from the requirement to submit I-944?
>>> Depends on what the court decides. Usually it is not retroactive and only affects those from the date of the decision & going forward.

[aph]

As others have already advised, I wouldn’t have to talk about the household. My 5 cents is - if all information is ready save the issue of household on I-944, this is the perfect time to put in your applications whiles this door of opportunity is still opened. Act now! You don’t wonna miss this!