AOS I-485 - Shielding Green Card Case against Public Charge Inadmissibility Rule

[Casebycase]

Hey guys,

As if the immigration paperwork were not overwhelmingly enough, now the Public Charge rule will be taken into consideration when making a decision for applications submitted after Feb. 24, 2020.

It's crazy because it seems that USCIS doesn't want poor people applying to live in the US. Even with our savings and assets, I feel they make the new Public Charge a burden to prove that my mom will not become a public charge. Would you guys help me with ideas on how to pass the Public Charge test, so the Immigration Officer concludes that my mom is NOT likely to become a Public Charge?

I took the following information directly from the USCIS website:

• The alien’s household gross income: Household is 3 people (including my mom aged 59). Income is $87,000 for 3 consecutive years (IRS Tax Transcripts)
• The alien’s household assets: Only assets are $15,000 in cash deposited in a US savings account. This money is put in her account intended to pay expenses for 2021 while she awaits her green card. My car costs $20,000 and can be converted into cash by selling it lol.
• The alien’s credit report and score: My mom doesn't have a social security number so she cannot have a credit score. Our idea is to apply for a Work Authorization at the same time, and expedite it so we can get her Employment Authorization Card before the interview. Then, my mom goes to the Social Security Administration with the EAD and gets her Social Security card. Then, we authorize her in all our credit cards, and as an authorized user, all the positive payments from the past years are added to her credit report. After that, we would get copies of the credit reports (Experian, Transunion, Equifax) to bring to the interview. Her credit score would be above 750+ without any derogatory marks, no debts.
• The alien’s request or receipt of fee waivers for immigration benefits: We are not requesting any fee waivers, since they don't want anyone who cannot pay lol.
• The alien’s financial means to pay for reasonable medical costs: We are getting Health Insurance from the Marketplace since she qualifies to enroll late. But this insurance is expensive (between $400 and $600 per month). If you guys can advise a cheaper option, we're down for it. Since my mom is almost 60 years old, this may look like a "negative factor" for being old LOL. And it looks like Immigration wants to see Health Insurance without an outrageous "deductible."
• The alien’s application for, receipt of, or certification for public benefits: Since my mom never lived in the US, she has never received any public assistance.

Lastly, regarding the National Poverty Guidelines, it looks like USCIS prefers now an applicant with a household making more money. It read on their website that "Heavily Weighted Positive" as Total household income, assets, or resources, and support of at least 250% of the FPG (Federal Poverty Guidelines). Above 125% is only a "positive factor" now. We're good with this since 125% FPG for a household of 3 is $27,150. And 250% FPG for a household of 3 is $54,300. So we seem to be around 350% FPG.

I wonder if people will start receiving Denial Letters stating that USCIS can't approve their applications until they resolve those "negative" factors and start making more money... but "Oh wait!!, you aren't authorized to work in order to make the money"... lol. I think this rule is not feasible for immigrants who are just arriving in the US without credit reports, without a lot of money, and with legal restrictions to work and make money to meet the requirements.. all along paying the increased immigration fees + attorneys fees:

I-130: $535
I-485: $1,225 (Including $85 of Biometrics)
I-693: $0
I-765: $410
I-864: 2 Affidavits of Support $0
I-944: $0

Translations: $300
Medical Examination fee: $250

TOTAL: $2,720

... And, some people hire attorneys (fees around 7,000)

[UScitizenFilingforspouse]

You do not need to show that you meet all criteria. That list shows how you can qualify and meet the requirements. It looks like you qualify just fine with your income of $87K.

[Johnny6751]

If you only knew how "empty" my I-944 looked like. There's nothing we can do. As far as for the credit report, I went on Experian and tried to get credit report with my ITIN, but then it gave me a message that said "you need a SSN". I printed out that page and sent it with the I-944 explaining I can't obtain a credit report without a SSN. I think the only reason they didn't send my package back or denied the whole AOS is because we have a sponsor that makes over $140K a year. Same thing as far for insurance, i can't obtain health insurance without a SSN. I explained in there I'll do so as soon as a SSN is assigned to me. But I know for sure the IO is going to eat me alive at the interview haha!
My timeline so far:

-01/27/20: Same sex couple, married to USC.
-06/29/20: Package I-130, I-130A, I-131, I-485, I-693, I-765, I-864, I-864 joint sponsor and I-944 sent via certified mail USPS.
-06/30/20: Delivered by USPS and signed by Chicago lockbox T Thomas.
-07/25/20: Checks cashed.
-07/30/20: Text messages received with case confirmation numbers.
-07/31/20: Received NOA's in the mail.
-08/05/20: Received RFIE notification from USCIS for I-485, letter to follow via mail.
-08/10/20: Received RFIE in the mail asking for my partner's pay stubs for the last 6 months and letter of employment.
-09/18/20: Mailed out RFIE to Lee-Summit's office.
-09/21/20: USCIS confirms they've received RFIE.
-10/27/2020: Called USCIS regarding biometrics appointment not yet scheduled. USCIS send E-Request to Chicago FO.
-11/10/2020: Immigration officer reaches out to me via phone call to explain the reason I haven't received a biometrics appointment, appointment will come eventually.
-11/23/2020: USCIS files another E-Request for biometrics.
-12/04/2020: USCIS confirms biometrics appointment has been scheduled and letter with details is in the mail already.
-12/05/2020: Biometrics appointment scheduled for December 21st 2020.
-12/21/2020: Biometrics taken.
-12/22/2020: Biometrics applied to cases.

[newacct]

I-130: $535
I-485: $1,225 (Including $85 of Biometrics)
I-693: $0
I-765: $410
I-864: 2 Affidavits of Support $0
I-944: $0

Both I-765 for EAD and I-131 for Advance Parole are free for I-485 applicants.

[Casebycase]

Both I-765 for EAD and I-131 for Advance Parole are free for I-485 applicants.

That's great! I just checked and it's true. I hesitated about I-765 for EAD being free. But I checked the USCIS Fee Calculator and it shows that "C09 Category: Adjustment of status applicant" who paid AOS fee doesn't have to pay for I-765. I only have a question about this: I'll submit I-130 Online. Then, I'll mail the receipt along I-485 to the designated address. Can I attach I-765 in the same packet or they need to cash I-485 check first in order to waive the fee for I-765?

I appreciate this info

[Casebycase]

If you only knew how "empty" my I-944 looked like. There's nothing we can do. As far as for the credit report, I went on Experian and tried to get credit report with my ITIN, but then it gave me a message that said "you need a SSN". I printed out that page and sent it with the I-944 explaining I can't obtain a credit report without a SSN. I think the only reason they didn't send my package back or denied the whole AOS is because we have a sponsor that makes over $140K a year. Same thing as far for insurance, i can't obtain health insurance without a SSN. I explained in there I'll do so as soon as a SSN is assigned to me. But I know for sure the IO is going to eat me alive at the interview haha!
My timeline so far:

-01/27/20: Same sex couple, married to USC.
-06/29/20: Package I-130, I-130A, I-131, I-485, I-693, I-765, I-864, I-864 joint sponsor and I-944 sent via certified mail USPS.
-06/30/20: Delivered by USPS and signed by Chicago lockbox T Thomas.
-07/25/20: Checks cashed.
-07/30/20: Text messages received with case confirmation numbers.
-07/31/20: Received NOA's in the mail.
-08/05/20: Received RFIE notification from USCIS for I-485, letter to follow via mail.
-08/10/20: Received RFIE in the mail asking for my partner's pay stubs for the last 6 months and letter of employment.
-09/18/20: Mailed out RFIE to Lee-Summit's office.
-09/21/20: USCIS confirms they've received RFIE.
-10/27/2020: Called USCIS regarding biometrics appointment not yet scheduled. USCIS send E-Request to Chicago FO.
-11/10/2020: Immigration officer reaches out to me via phone call to explain the reason I haven't received a biometrics appointment, appointment will come eventually.
-11/23/2020: USCIS files another E-Request for biometrics.
-12/04/2020: USCIS confirms biometrics appointment has been scheduled and letter with details is in the mail already.
-12/05/2020: Biometrics appointment scheduled for December 21st 2020.
-12/21/2020: Biometrics taken.

It seems that you have documented everything... even reasonable paperwork to show why you can't access credit. Now, I would try to get an "Offer of Employment" from any company. With that letter call USCIS and tell them that you request to "expedite" the Work Authorization. Fax the letter with the Case Number they give you. After they approve to expedite I-765, you'll receive the Employment Authorization document. With this document, go to the Social Security Administration and obtain a SSN. With this SSN tell your husband to authorize you as a user the credit cards. This will give you positive payments. Get your credit report updated and going. Obtain All the credit reports from the bureaus and take them with you to the interview. Your marriage interview will be coming up before May/2021. So, you'll have a few months to get this done. Good luck!

[newacct]

That's great! I just checked and it's true. I hesitated about I-765 for EAD being free. But I checked the USCIS Fee Calculator and it shows that "C09 Category: Adjustment of status applicant" who paid AOS fee doesn't have to pay for I-765. I only have a question about this: I'll submit I-130 Online. Then, I'll mail the receipt along I-485 to the designated address. Can I attach I-765 in the same packet or they need to cash I-485 check first in order to waive the fee for I-765?

I appreciate this info

You can send it in the same packet.