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Do I need to Submit Forms I-944 and I-864 with my Application?

Published Dec 24,2020 By Reuben

Hello Green card for PhD Advisors,

I purchased the EB2 NIW packet some months ago and I am almost ready to submit a concurrent application under the EB2 NIW category. I am currently on a F-1 visa which expires June 22nd, 2021. I hope to submit the application for  my wife and I.  Here are questions I would be happy to receive answers to:

  1. By submitting a concurrent application, do I get to have a legal basis for a continued stay the U.S, pending a decision on my I-140 application?
  2. Can my I-765 application (work authorization) be approved under my circumstance (explained above) while I await the final decision on my I-140?
  3. Would I be required to submit I-944 and I-864 for my wife and I? I am confused about this bit as the package I purchased says nothing about this. On form I-485, under “Declaration of Self Sufficiency” (Question 61), conditions for submitting I-944 was outlined. However, I really need to be double sure to avoid over complicating my application or leaving out pertinent information.

Thank you for your responses.

Reuben

Posted in Greencard Procedure
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BlogSupport
BlogSupport
3 years ago

Hi Reuben,

1. Yes. If your priority date is current and you submit I-485 together with I-140, you can stay in the U.S. legally while your petition is pending.
2. If you file I-765 together with I-485, you should be able to receive EAD card within a couple of months and be able to work. It is impossible to predict the actual waiting time with the current circumstances and potential government shutdowns.
3. It is better to talk to a qualified attorney regarding I-944 and I-864 as the situation is changing all the time. They were introduced earlier this year, then DHS was denied the enforcement, then on Sept. 11, 2020, the U.S. Court of Appeals for the Second Circuit issued a decision that allows DHS to resume implementing the Public Charge rule. It is a mess, so it is better to stay up to date. I would still file them, even if they are not needed, just to be on the safe side.

Reuben
Reuben
3 years ago
Reply to  BlogSupport

Thank you for your clear response. As I mentioned in my opening inquiring, I purchased the NIW package and I am also aware that request to submit I-944 and I-864 are recent developments. However, is it possible to have filled sample of forms I-944 and I-864 as part of the package update? If yes, I would be glad to have them.

Thank you.

BlogSupport
BlogSupport
3 years ago
Reply to  Reuben

Hi Reuben,

Thank you for the purchase. We do not have filled examples yet, however, the forms are pretty self-explanatory. If you need more information, there are instructions from the USCIS website:

https://www.uscis.gov/sites/default/files/document/forms/i-944instr-pc.pdf
https://www.uscis.gov/sites/default/files/document/forms/i-864instr-pc.pdf

You can let us know if some parts of them are not clear.

Reuben
Reuben
3 years ago

Thank you for your clear response. I purchased the EB2 NIW package and was wondering if you can share a filled sample of forms I-944 and I-864.

Thank you.

BlogSupport
BlogSupport
3 years ago
Reply to  Reuben

Hi Reuben,

Thank you for the purchase. We do not have filled examples yet, however, the forms are pretty self-explanatory. If you need more information, there are instructions from the USCIS website:

https://www.uscis.gov/sites/default/files/document/forms/i-944instr-pc.pdf
https://www.uscis.gov/sites/default/files/document/forms/i-864instr-pc.pdf

You can let us know if some parts of them are not clear.

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