need help with Form I-864 and sponsor disabled

[sky459]

hi yall,

we filed form I-864w and it got rejected even tho i have 40 quarters combined with my husband.i dont know why the rejection, i can only figure not sending a statement from my husband that he earned the quarters since weve been married. i have been told to resubmit the i-864w with explanation and statement from my husband , and i heard i need to send in I-864 instead... yes we are confused.

so now we are trying to fill out form I-864. There is a few questions that we have.

1., my husband just got on disability this year in june 2016, do we need to put down that he is disabled on the employment section? or does he need to put down as self employed for 2015 ( That was his employment status untill 2016 )

2., if he needs to put down disability on the employment section, where would that be? because it only says employed , self employed, retired , unemployed

3., Part 7 Assets ; # 2 we lease to own our house, what do we need to put in that box ?

4., how does a co sponsor fill out form I-864, and what documents do they need, if they have enough or above the income requirements?

any help, opinion , advice would be greatly appreciated

[BGforgreencard]

I 864

Did they directly reject you without asking for more evidence?
If you two combined have the 40 qualifying quarters it would make sense to send them a copy of reports from SSA for both of you during the years of your marriage.
I am also applying right now but I am using I 864W as I alone have the required quarters.
Also I believe that when you use co sponsors you need for I 864A for everyone who's income you are including not I 864 .
Good luck

[sky459]

Did they directly reject you without asking for more evidence?
If you two combined have the 40 qualifying quarters it would make sense to send them a copy of reports from SSA for both of you during the years of your marriage.
I am also applying right now but I am using I 864W as I alone have the required quarters.
Also I believe that when you use co sponsors you need for I 864A for everyone who's income you are including not I 864 .
Good luck

hi ya,

the RFIE says:

the ssa statement that you submitted to proof you have worked or can be credited with 40 quarters does not contain 40 quarters ( 10 years ) of work history. If the ssa statement or other ssa provided documentation does not show you have earned or can be credited with 40 quarters of work, you cannot use form I-864w, intending immigrants affidavit of support exemption.

the petitioner / sponsor must submit a completed and signed I-864, affidavit of support, and provide copies of the most recent federal income tax returns. form I-134 is no longer acceptable to use for adjustment of status



i did send both of our ssa statements along with the form I-864w, but didn't send no signed statement from my husband about means tested benefits, and statement for release of info from social security administration or anything else. didn't know i had to.

my ssa statement shows 35 quarters
and my husband doesn't show how many he has. since he already has 40 quarters is says that he has earned enough to be eligible for benefits

but according to social securitys administration " Quarter of Coverage "
the rate for 2012 was $1130 per quarter x 4 = $4520 / so he earned more then that = 4 quarters
the rate for 2013 was $1160 per quarter x 4 = $4640 / unfortunately from profit and loss from business = 0 quarters
the rate for 2014 was $1200 per quarter x 4 = $4800 / he earned more = 4 quarters
the rate for 2015 was $1220 per quarter x 4 = $4880 / filed extension , so earning are not recorded on ssa statement yet

but there are 8 quarters of his combined with my 35 quarters = 42.

as far as the I-864, i am still finding out stuff about that.

i am torn in between resubmitting I-864w with statements from my husband, or I-864 with a co sponsor
i dont know what to do. but the clock is ticking

[sky459]

to BGforGreencard

To whom it may Concern,

----------/Petitioner Receipt # __________ , A # __________
------------- street
----------------city/state

Explanation for Resubmitting form I-864w

________ / Petitioner is eligible to be exempt from form I-864
1. I ________ / Petitioner have earned 35 Quarters from 1992-2000 by legally working in the USA ( see SSA Statement, Highlighted with Quarters )
since Marriage /2012 ( Attached Marriage License )
2. _________ / US Citizen Spouse has Earned 7 Quarters by Self Employment above his minimum 40 Quarters earned already ( see SSA Statement, Highlighted with Earnings and see below)(Attached Statement for release of information for Social Security Administration )
3. __________ / Petitioner can be credited with quarters worked by _____ / US Citizen Spouse during the marriage, under section 213(a)(3)(B) of the Immigration and Nationality Act (INA) As specified in the instructions for form I-864w (see below )
…........................................................... ............................................................ ............................................................ ..........................
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:
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. ( Attached Statement for means tested public benefits )
…........................................................... ............................................................ ............................................................ ..........................

The Rate per Year per Quarter based on Social Security Administration, and earnings by ______/ US Citizen Spouse since Marriage ( see SSA Statement ) :
2012 /Rate - $ 1,130 per quarter x 4 = $4,520 total earnings on us citizen spouse SSA statement $15,947 = 4 Quarters
2013 /Rate - $ 1,160 per quarter x 4 = $4,640 total earnings on us citizen spouse SSA statement -0-
2014 /Rate - $ 1,200 per quarter x 4 = $4,800 total earnings on us citizen spouse SSA statement $15,836 = 4 Quarters
2015 /Rate - $ 1,220 per quarter x 4 = $4,880 total earnings on us citizen spouse SSA statement = not yet Recorded
This Concludes the Petitioners own earned 35 Quarters combined with the 7 quarters earned by the US Citizen Spouse = 43 Quarters


( i made up the earnings ), thats what i was going to send. but i have heard to many different opinions to weather to resubmit it or not. i am so confused

[BGforgreencard]

864 w

I called and consulted with an attorney about my case and they told me that you are not supposed to calculate anything yourself.
Simply submit the ssa document that shows the earned credits and attach document that show when you got married. Then they will do their part to see either or you qualify.
On my statement each year is listed in a separate line .and the responding earned credits .
You can may be just highlight the years of marriage on both yours and his and submitted that way.
Hope it all works out for you.
Ps. They don't require you to have a work permit while earned it.
As long as the credits were credit to a SS # with your name on it same with your husband you should be ok.
You also need to make sure that during this time you or him have not received any food stamps, unemployment or any governmental aid.

[sky459]

I called and consulted with an attorney about my case and they told me that you are not supposed to calculate anything yourself.
Simply submit the ssa document that shows the earned credits and attach document that show when you got married. Then they will do their part to see either or you qualify.
On my statement each year is listed in a separate line .and the responding earned credits .
You can may be just highlight the years of marriage on both yours and his and submitted that way.
Hope it all works out for you.
Ps. They don't require you to have a work permit while earned it.
As long as the credits were credit to a SS # with your name on it same with your husband you should be ok.
You also need to make sure that during this time you or him have not received any food stamps, unemployment or any governmental aid.

what are you applying from or for?