need help with RFIE for I-864w

[sky459]

got my rfie in the mail today



They need :



- i-94 arrival/departure record and the passport page showing admission to the us.....Ive already send that

- Birth certificate translated in english....i ve got that

- I-864 instead of I-864w



the first 2 i don't have a problem with. but why do i need the i-864?

my ssa statement shows i have 35 quarters already
and my husband accumulated 8 quarters during our marriage,

i didnt send no explanation with the i-864w, just both of our ssa statements.

Here is the rfie that i got in the mail.



any help , advice, opinion would be appreciated

[Adrian Gruber]

Waiver

got my rfie in the mail today



They need :



- i-94 arrival/departure record and the passport page showing admission to the us.....Ive already send that

- Birth certificate translated in english....i ve got that

- I-864 instead of I-864w



the first 2 i don't have a problem with. but why do i need the i-864?

my ssa statement shows i have 35 quarters already
and my husband accumulated 8 quarters during our marriage,

i didnt send no explanation with the i-864w, just both of our ssa statements.

Here is the rfie that i got in the mail.

[ATTACH]577[/ATTACH]

any help , advice, opinion would be appreciated

Sorry but the image is very small and un-readable, I think the RFE is because you are trying to waiver the Aff/Support
USCIS is very stringent on a partner being able to support you. You seem to be in the same boat as I am, as I understand the ruling for using a waiver of support you must as the individual have "40 Quarters of income earned" Thats 10 years of reported earnings, thats why USCIS is requesting further evidence. On your i-485 part 3 Q.-2 are you or have you received public assistance?
USCIS wants to make sure you're not entering the US for free benefits.

How Is Form I-864W Used?
You must use Form I-864W instead of Form I-864 or Form I-864EZ with your application for an immigrant visa or
adjustment of status if any of the following apply:
1. You have earned or can receive credit for 40 quarters of coverage under the Social Security Act (SSA). If you
have 40 quarters of SSA coverage, you are exempt from the requirement to file Form I-864 or Form I-864EZ.
You can acquire 40 qualifying quarters in the following ways:
A. Working in the United States for 40 quarters in which you received the minimum income established by the Social
Security Administration;
B. By being credited under section 213(a)(3)(B) of the Immigration and Nationality Act (INA) with quarters worked
by your spouse during the marriage or a parent during the time you were under 18 years of age; or
C. A combination of the above.
If you are claiming credit for quarters worked by a spouse or parent, you may not count any quarter in which your
spouse or parent was receiving means-tested public benefits. Include all SSA forms necessary to establish that you
have or can receive credit for 40 quarters of coverage.

So you can see you don't meet the 40 qtr. requirement and your spouses income is dis-allowed.

You may need to have your spouse file an I-863 on your behalf.

[sky459]

Sorry but the image is very small and un-readable, I think the RFE is because you are trying to waiver the Aff/Support
USCIS is very stringent on a partner being able to support you. You seem to be in the same boat as I am, as I understand the ruling for using a waiver of support you must as the individual have "40 Quarters of income earned" Thats 10 years of reported earnings, thats why USCIS is requesting further evidence. On your i-485 part 3 Q.-2 are you or have you received public assistance?
USCIS wants to make sure you're not entering the US for free benefits.

How Is Form I-864W Used?
You must use Form I-864W instead of Form I-864 or Form I-864EZ with your application for an immigrant visa or
adjustment of status if any of the following apply:
1. You have earned or can receive credit for 40 quarters of coverage under the Social Security Act (SSA). If you
have 40 quarters of SSA coverage, you are exempt from the requirement to file Form I-864 or Form I-864EZ.
You can acquire 40 qualifying quarters in the following ways:
A. Working in the United States for 40 quarters in which you received the minimum income established by the Social
Security Administration;
B. By being credited under section 213(a)(3)(B) of the Immigration and Nationality Act (INA) with quarters worked
by your spouse during the marriage or a parent during the time you were under 18 years of age; or
C. A combination of the above.
If you are claiming credit for quarters worked by a spouse or parent, you may not count any quarter in which your
spouse or parent was receiving means-tested public benefits. Include all SSA forms necessary to establish that you
have or can receive credit for 40 quarters of coverage.

So you can see you don't meet the 40 qtr. requirement and your spouses income is dis-allowed.

You may need to have your spouse file an I-863 on your behalf.

yes i have 35 quarters according to ssa statement and my husband has way over 40 quarters, but since weve been married he accumulated 7 quarters.

so combining his 7 quarters to my 35 quarters.. i ll have 42 quarters in which i only need 40

[sky459]

Here is a bigger picture of my rfie page 1
and page 2

[Adrian Gruber]

[QUOTE=sky459;464648]got my rfie in the mail today



Confused I am, so sorry.
First off , an Alien relative? Yes? So have you filed the I-130 petition for Alien Relative/Spouse under F1?
If you did you would need a sponsor? Who in your marriage is the petitioner/US Citizen and who is the beneficiary?

- - - Updated - - -

yes i have 35 quarters according to ssa statement and my husband has way over 40 quarters, but since weve been married he accumulated 7 quarters.

so combining his 7 quarters to my 35 quarters.. i ll have 42 quarters in which i only need 40

Yes, but you are not under 18 years of age!

[sky459]

[QUOTE=Adrian Gruber;464674]

got my rfie in the mail today



Confused I am, so sorry.
First off , an Alien relative? Yes? So have you filed the I-130 petition for Alien Relative/Spouse under F1?
If you did you would need a sponsor? Who in your marriage is the petitioner/US Citizen and who is the beneficiary?

- - - Updated - - -




Yes, but you are not under 18 years of age!

it goes for intending immigrants claiming quarters from the us spouse as well, counted quarters only during marriage.

i filed I-130, I-485, I-864w , I-765, I-131

1. You have earned or can receive credit for 40 quarters of coverage under the Social Security Act (SSA). If you
have 40 quarters of SSA coverage, you are exempt from the requirement to file Form I-864 or Form I-864EZ.
You can acquire 40 qualifying quarters in the following ways:

A. Working in the United States for 40 quarters in which you received the minimum income established by the Social
Security Administration;

B. By being credited under section 213(a)(3)(B) of the Immigration and Nationality Act (INA) with quarters worked
by your spouse during the marriage or a parent during the time you were under 18 years of age; or

C. A combination of the above.

If you are claiming credit for quarters worked by a spouse or parent, you may not count any quarter in which your
spouse or parent was receiving means-tested public benefits. Include all SSA forms necessary to establish that you
have or can receive credit for 40 quarters of coverage.

A. = I Have 35 quarters
B. = My Husband has 7 since marriage
C. = its a combination of both
and did not count means tested benefits

[Adrian Gruber]

[QUOTE=sky459;464680]

it goes for intending immigrants claiming quarters from the us spouse as well, counted quarters only during marriage.

i filed I-130, I-485, I-864w , I-765, I-131

1. You have earned or can receive credit for 40 quarters of coverage under the Social Security Act (SSA). If you
have 40 quarters of SSA coverage, you are exempt from the requirement to file Form I-864 or Form I-864EZ.
You can acquire 40 qualifying quarters in the following ways:

A. Working in the United States for 40 quarters in which you received the minimum income established by the Social
Security Administration;

B. By being credited under section 213(a)(3)(B) of the Immigration and Nationality Act (INA) with quarters worked
by your spouse during the marriage or a parent during the time you were under 18 years of age; or

C. A combination of the above.

If you are claiming credit for quarters worked by a spouse or parent, you may not count any quarter in which your
spouse or parent was receiving means-tested public benefits. Include all SSA forms necessary to establish that you
have or can receive credit for 40 quarters of coverage.

A. = I Have 35 quarters
B. = My Husband has 7 since marriage
C. = its a combination of both
and did not count means tested benefits

Irregardless, the issue is moot, since USCIS is asking for the Afadavit of Support.
One thing to remeber, once the RFE is generated the Clock stops on your application!

[sky459]

[QUOTE=Adrian Gruber;464686]

Irregardless, the issue is moot, since USCIS is asking for the Afadavit of Support.
One thing to remeber, once the RFE is generated the Clock stops on your application!

what do you mean with moot ?

and i dont know what evidence to send back other then the ssa statements. can somebody please help?

[Adrian Gruber]

Rfe

[QUOTE=sky459;464687]

what do you mean with moot ?

and i dont know what evidence to send back other then the ssa statements. can somebody please help?

[Adrian Gruber]

[QUOTE=Adrian Gruber;464692]
When I say the issue is Moot, it means it no longer applies.
Your RFE tells you that USCIS will not accept your waiver and that thet are requesting a completed I-864!
So if you are the benficiary your sponsor/Spouse needs to complete the I-864 telling USCIS that your sponsor will solely support you.

Here is the link: https://www.uscis.gov/i-864

If you are uncomfortable with what I'm telling you or you think you know a better way by all means proceed. You must respond soon to USCIS or they will consider that you are abandoning your petition and they will close your case.

I am not an attorney.

[Lordjohnex]

being credited under section 213(a)(3)(B) of the Immigration and Nationality Act (INA) with quarters worked
by your spouse during the marriage or a parent during the time you were under 18 years of age; or


In my understanding, you cant use your spouses 7 quarters because you werent under the age of 18 at the time he worked those 7 quarters.

You are going go be safe filing I-864, affidavit of support.

If USCIS already told you the proof you submitted is insufficient, its because its insufficient. Either you have those full 40 hours with new proof from SSA.. Or you do the alternative.

Please try filing for I 864, and if your earnings arent above the poverty guidelines for the size of your household, get a co-sponsor.

Take note: the deadline on your RFE is to be taken serious. They will deny the petition if you do not submit before then.

I am not an attorney, just sharing my knowledge.

[sky459]

[QUOTE=Adrian Gruber;464694]

When I say the issue is Moot, it means it no longer applies.
Your RFE tells you that USCIS will not accept your waiver and that thet are requesting a completed I-864!
So if you are the benficiary your sponsor/Spouse needs to complete the I-864 telling USCIS that your sponsor will solely support you.

Here is the link: https://www.uscis.gov/i-864

If you are uncomfortable with what I'm telling you or you think you know a better way by all means proceed. You must respond soon to USCIS or they will consider that you are abandoning your petition and they will close your case.

I am not an attorney.

if its moot, why is it still on the I-864w instructions, newest version

[Adrian Gruber]

[QUOTE=sky459;464805]

if its moot, why is it still on the I-864w instructions, newest version

Sky, your I-864w is a dead issue with USCIS, you need to prepare an afidavit of support ASAP as that is what they are asking you for. If you don't respond to them ASAP they will deny your app and your funds will not be returned to you.

[sky459]

[QUOTE=Adrian Gruber;464830]

Sky, your I-864w is a dead issue with USCIS, you need to prepare an afidavit of support ASAP as that is what they are asking you for. If you don't respond to them ASAP they will deny your app and your funds will not be returned to you.

can you explain to me why it is a dead issue, i dont understand what you mean.

i only send ssa statements without explanation or any other evidence, i didnt know i had to send anything other then ssa statements.
just confused , hence i ve been thru other forums and was advised to send the I-864w again with explanation, ssa statements and also statements by my spouse.
and prove to them that i am exempt. my RFIE says i have 87 days to respond

[Adrian Gruber]

Rfe

[QUOTE=sky459;464853]

can you explain to me why it is a dead issue, i dont understand what you mean.

i only send ssa statements without explanation or any other evidence, i didnt know i had to send anything other then ssa statements.
just confused , hence i ve been thru other forums and was advised to send the I-864w again with explanation, ssa statements and also statements by my spouse.
and prove to them that i am exempt. my RFIE says i have 87 days to respond

This is your attached RFE!!!
It says that USCIS cannot accept your SS statement as evidence because you DO NOT fulfill the 40 qtr. requirement. Further more USCIS is requesting that the Petitioner/Sponsor fill out the I-864 "Affadavit of Support and submit.
This is not me, or any other forum saying this! Its USCIS saying this. So forget all the other stuff you seem to be hanging onto, it wont fly with USCIS.