Extremely worried about I-944

[Johnny6751]

Same sex couple here, I'm married to a USC. We got married back in January 20th 2020. We've known each each other since 2006, casually dating, on and off, we've lived together before but just as bfs, nothing serious back in the day. We started dating seriously about 1.5 years ago and decided to marry in January 2020, just a few friends at the city hall, and a super cool judge. Nothing super fancy.

I'm a B2 overstay since 2008, I have no criminal backgrounds nor ever gotten in trouble. I've paid taxes using an ITIN from 2009 thru 2017. I've done random jobs, getting paid cash, checks, etc.

We both are HIV+ and get our medication thru a program called Ryan White, which provides the medicine for free (small copay to say the least). This has able us to stay super healthy, virus undetectable, and to forget completely about our HIV situation.

We already on our own filled out all the forms, I-130; I-130A, I-131, I-485; I-765, G-1145, I-864, I-864 for joint sponsor, and I-944.

The last form is killing us. My partner hasn't had a big income for the past two years unfortunately. His dad passed away about 3 years ago and that affected him a lot. He is not filing this year because the money he made was below the IRS threshold minimums. We've got a joint sponsor, a very good friend of us that makes over $120K a year. My partner filed for 2018 and 2017.

Filling out this I-944 is a nightmare.

To make things worse, COV-19 came in, the money is low right now, we however are not late at all on bills or rent, the most we have in our bank checking and savings all together is about $5K, I have a car loan and a small credit card for $300 that has an available balance of $250, I don't have any degrees or college education, just my GED (diploma?). I'm fluent in Spanish and English, and speak a little bit of Portuguese, I'm great at Microsoft office, and have skills that are not set on a certificate.

I don't have health insurance because I don't have a SSN just yet. The Ryan White program doesn't fall as public benefits (thank God).

I went to see this very good lawyer to have him check our forms and he made some small corrections and he said that the green card should be granted but that he "may" see a problem with the I-944, but he believes there's a 99% chance of approval.

I am terrified, it is very intimidating. I was just wondering if there are people here in the same situation and what do you think about it?

[Hotaru-Grace]

Hello Johnny6751,

Wow you have poured your heart in your mail bless you. Yes the immigration process causes us to deeply evaluate our advantages and limitations and sadly, USCIS brings our finances right at the forefront. However, I believe all will be well. The I944 assesses self-sufficiency and by what you have shared it seems that you have been both able to make ends meet without relying on any public benefit program. The best you can do is to fill out all the forms the best that you can and submit them with a prayer. Otherwise, you may both seek another sustainable income/job that may increase your savings/earnings at the magnitude that will make you comfortable to submit the documents. I do not know of anyone who has been flatly denied based on I944. All the best.