I-944 nightmare

[Johnny6751]

I'm just wondering if anyone else has filled out this form under my same circumstances.
Same sex couple here, my partner is a USC, I am a B2 overstay since 2008. We've know each other since the first time I came to the US which was back in 2006. We've dated casually, on and off until things become serious about 3 years ago and we married January 2020. We've lived together since November 2019.
Both of us are hiv+ and receive our medication thru a program called Ryan White. I was enrolled last year in a county program called Carelink, and as far as I know they both are not part of the public charge rule.
Unfortunately my partner hasn't had a big income for about 1.5 years now. And now with cov-19 things got a little rougher. He's got a job now but his boss pays him cash. I meanwhile do food delivery. We have all the forms filled out already, and literally ready to go to the lockbox, we have a joint sponsor that makes over $100K a year.
This I-944 is killing me, for many reasons.
1)I don't have health insurance. We just don't know how to go about this, all companies we've searched for private insurance ask for a social security number. And I don't have one. I was thinking just typing "I will enroll as soon as I obtain a social security number". But then it asks to explain how you plan to pay for reasonably anticipated medical costs. That Carelink program covers me for only Cook county hospitals. I was just thinking saying "Should something happens between now till enrollment I'll be covered by Carelink".
2)I have a car loan for $20K, my friend was the cosigner since his credit is 800+, he helped me out to cosign the loan so that I'd get a lower APR. My friend signed an affidavit confirming that. Never missed a payment.
2)I don't have a credit score. I only printed out the page from TransUnion where it says me I need to enter the SSN in order to get the report.
4)I have a credit card for $300 and that's paid off. This card and the car loan were obtained with my ITIN.
5)We don't have any assets, we just don't. We got married January 2020, our marriage is pretty new.
6)I don't have any college degrees, I only have my GED.
7)I don't have any occupational skills.
8)I'm fluently in Spanish and English, I just don't have any certifications to proof that.


I seriously feel like I want to cry right now.

Anyone going thru the same thing?

[Tibwa]

I can see your frustration. Even with all I have, I was overwhelm by that form and wish I did not have to fill it.
1) Don't put the car debt since it is not showing on your credit report
2) Your GED should be enough
3) Because you don't have a credit score is not a big deal since you don't have any debt. Just give them the proof you don't have credit score and credit report.
4) You probably need to find a pro-bono immigration lawyer that will help you. Call some of the immigration firms, explain to them your situation and ask for "pro-bono" help, which means they will help you for free
You will be better off by getting help from lawyer than filing the app by yourself. This is why you should call around to find pro-bono help.

[catparade]

I don't have a credit score. I only printed out the page from TransUnion where it says me I need to enter the SSN in order to get the report.

Try using your ITIN in place of the SSN when requesting a credit report. There's a website AnnualCreditReport .com where you can do it for free, but if you are submitting an ITIN-based request you'll need to send a request by mail by printing a form from that website. You'll probably want to include a picture ID and a proof of your mailing address (like a utility bill).

You already have credit card and a car loan, so those are probably being reported to the credit report agencies under your ITIN, so you should have a credit report and a credit score.

I'm fluently in Spanish and English, I just don't have any certifications to proof that.

Maybe you can try taking the IELTS test to demonstrate your knowledge of English? There's probably some other similar test for Spanish. It's possible that your US GED is sufficient proof of knowing English.



Overall, your situation sounds quite complex, and I wish you the best of luck. Do you know of any immigration attorneys who have handled similar cases before? You can get some substantial advice in a free consultation or a short paid chat, even if you don't end up hiring them to file the whole thing. Maybe through your contacts in your local community you know of other people who have had similar situations.


The USCIS Policy Manual describes how they adjudicate the Public Charge rule in Vol 8 Part G: https://www.uscis.gov/policy-manual/volume-8-part-g

Do you and/or your partner have any career plans? Maybe if you could explain and document how you are on a trajectory to make more money and be a self-sufficient household it would help your case.


Unfortunately this I-944 is so new that I don't think there's much accumulated wisdom about it yet. Your best bet would be to get help from an attorney who has handled similar cases and who has experience with how USCIS thinks and how to convince them for difficult cases.


Also, why do you want to file the I-485 now? Why not wait until your partner has sufficient documented income?

[catparade]

1) Don't put the car debt since it is not showing on your credit report

That seems like a bad idea for two reasons:
1) Never lie on an immigration form
2) It probably does show up on their credit report

[Tibwa]

That seems like a bad idea for two reasons:
1) Never lie on an immigration form
2) It probably does show up on their credit report

I like your solutions because I did not think about the fact you can use ITIN for Credit purposes although my wife and daughter had ITIN when they first join me on H-4 in 2005.

I did not intent to deceive immigration or lie because that would be the worst advice to give someone. This is why I told him to find a pro-bono lawyer who can help him. He will find one in his community if he looks for one.

My family and I have been in the country legally for almost 20 years without a GC, that means I understand how to maintain my immigration status and how important that is. F-1 to OPT to 6-year H1B and TPS while waiting for my I-130 ( from my dad) to finally become current.

It has been a long journey with a lot of blessing for me. Hopefully, USCIS accept my AOS this week without rejecting it for a 3rd times.