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missing notice I-864 I-944 40 quarters SSA returned

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  • missing notice I-864 I-944 40 quarters SSA returned

    Application for adjustment of status under section 245i sent in all required documents plus fees and sent them my ssa earning statement that shows my 40 quarters of credit with SSA which exempts me from filing i-864 and its now been returned twice with the same reasons. First they said they wanted i-864W so i sent it now they say they want i-864. Am i missing something here. Yes all forms were sent i-485,485a, i-765, i-693,i-944 i-130 approval notice and copies of all my work permits through out the 40 quarters and ssa earnings.

  • #2
    Was I-485 filed before or after February 24? What was the edition date (on the lower left corner of the page) of your I-485?

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by newacct View Post
      was i-485 filed before or after february 24? What was the edition date (on the lower left corner of the page) of your i-485?
      it was filed after february 24, the edition date is the most recent one 10/15/19. I just recently sent it again cause it clearly states in the i-864 instructions that if the immigrant has accumalated 40 points with ssa that its not necessary. Ssa earning report was sent and all ead to show proof that they were all earned with authorization. Yet they rejected it again asking for i-864.

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      • #4
        i REALLY BELIEVE THAT WHOEVER IS IN THAT DAM CHICAGO LOCKBOCK FACILITY DOESNT KNOW WHAT THEY ARE DOING. MY FRIENDS MOTHER IN LAW WENT THROUGH THE SAME THING SORT OF EXCEPT HER APPLICATION WAS SENT BEFORE FEB 24 AND IT WAS RECIEVED EVEN BEFORE THAT DATE IT SHOWS IT ON THE REJECTION NOTICE WHERE THEY STATE THE REASON THEY ARE REJECTING IS BECAUSE I-944 WAS NOT SENT. THEY DONT KNOW THERE OWN DAM RULES. IM SURE THESE PEOPLE ARE JUST SOME HIRING SERVICE PEOPLE NOT ANY OF THE ACTUAL OFFICERS THAT WORK FOR USCIS JUST LIKE THERE CALL CENTER.

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        • #5
          Originally posted by saulc View Post

          it was filed after february 24, the edition date is the most recent one 10/15/19. I just recently sent it again cause it clearly states in the i-864 instructions that if the immigrant has accumalated 40 points with ssa that its not necessary. Ssa earning report was sent and all ead to show proof that they were all earned with authorization. Yet they rejected it again asking for i-864.
          Did you check the box in I-485 Part 8 #62a?

          This is my personal opinion and is not to be construed as legal advice.

          Comment


          • #6
            Originally posted by newacct View Post

            Did you check the box in I-485 Part 8 #62a?
            Yup it was checked. The response i recieve from them is that Becuase of the box i checked in part 2 of the I-485.

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            • #7
              Originally posted by saulc View Post

              Yup it was checked. The response i recieve from them is that Becuase of the box i checked in part 2 of the I-485.
              Then their responses make no sense. I-864W is no longer used; I-864W cannot be filed for someone who filed I-485 after February 24, so it made no sense to ask for it. Instead, for someone who filed I-485 after February 24, the same thing is accomplished by checking the appropriate box in I-485 Part 8 #62, which you did. Since you checked the box, they should not ask for an I-864, as the box indicates why you are exempt from I-864.

              This is my personal opinion and is not to be construed as legal advice.

              Comment


              • #8
                Bro: I am in the exact same boat. I received the notice today (05/20/20). I have been working legally for 16 years and was waiting on my Dad for Perm. I filed every damn thing they ask. I checked 62.a and sent my SSA statement to prove it. The funny thing is that they addressed the rejection to my daughter who is my derivative and reject everyone of us ( me, wife and daughter). I don't even know what to do. Clearly, I don't need to file I-864 and my Dad would need to file that form (my dad is an 84 years old on social security). I really don't to pay expensive lawyer for something I can do. I call USCIS, they could not give a clear explanation why such a mistake. I am MAD. Can you keep us posted?
                05/08/20: I-485, I-765, I-131, I-944 sent to USCIS
                05/13 Rejected due to lack of I-864
                05/27 resubmitted with explanation
                06/03 Rejected again-same reason
                06/13 Resubmitted with I-864
                07/07 Lockbox emailed back and ask to resubmit
                07/09 Filings accepted with PD 05/08/20 (nice)
                08/06 Prior biometrics applied to I485
                08/28 Took biometrics for I-765 only
                09/28 I-765's Cards Ordered
                10/02 EAD/AP received
                04/12 Interview Sched
                05/11 Interview done approval on the spot but no USCIS update online

                Comment


                • #9
                  Originally posted by Tibwa View Post
                  Bro: I am in the exact same boat. I received the notice today (05/20/20). I have been working legally for 16 years and was waiting on my Dad for Perm. I filed every damn thing they ask. I checked 62.a and sent my SSA statement to prove it. The funny thing is that they addressed the rejection to my daughter who is my derivative and reject everyone of us ( me, wife and daughter). I don't even know what to do. Clearly, I don't need to file I-864 and my Dad would need to file that form (my dad is an 84 years old on social security). I really don't to pay expensive lawyer for something I can do. I call USCIS, they could not give a clear explanation why such a mistake. I am MAD. Can you keep us posted?
                  Did your daughter check that box in #62a on her I-485 also? Was evidence of the Social Security credits attached to her I-485 also?

                  This is my personal opinion and is not to be construed as legal advice.

                  Comment


                  • #10
                    Yes I did. They returned the forms for me, my wife and my daughter based on missing I-864. This make no sense. I swear they people who are doing to the processing don't know what they are doing. I called immigration and I talked to a supervisor. She said I am totally correct. The person who processed the file may not realize that given the fact they are short in people and time.

                    She said to write them a letter also explaining the situation. After talking to her, it seems to me that the people who are processing the file just check for completeness without reading the documents. How come they don't see I check item 62.a?

                    I am resubmitting with a tab that has a letter, with SS statement and quarters calcs. I will even include instruction page 12 of the I-485, page 1&2 of the I 864 instruction pages for them.

                    This is exhausting. I just cannot have them reject it again. I have been working for 17 years in the country.
                    05/08/20: I-485, I-765, I-131, I-944 sent to USCIS
                    05/13 Rejected due to lack of I-864
                    05/27 resubmitted with explanation
                    06/03 Rejected again-same reason
                    06/13 Resubmitted with I-864
                    07/07 Lockbox emailed back and ask to resubmit
                    07/09 Filings accepted with PD 05/08/20 (nice)
                    08/06 Prior biometrics applied to I485
                    08/28 Took biometrics for I-765 only
                    09/28 I-765's Cards Ordered
                    10/02 EAD/AP received
                    04/12 Interview Sched
                    05/11 Interview done approval on the spot but no USCIS update online

                    Comment


                    • #11
                      Originally posted by saulc View Post
                      Application for adjustment of status under section 245i sent in all required documents plus fees and sent them my ssa earning statement that shows my 40 quarters of credit with SSA which exempts me from filing i-864 and its now been returned twice with the same reasons. First they said they wanted i-864W so i sent it now they say they want i-864. Am i missing something here. Yes all forms were sent i-485,485a, i-765, i-693,i-944 i-130 approval notice and copies of all my work permits through out the 40 quarters and ssa earnings.
                      My I-485 has been rejected twice for the same reasons. I filed everything, including I-944 but did NOT include I-864. I do NOT include the form I-864 because I have more 40 Qualifying Quarters in the Country since I have been working legally for 16 years in the Country. The funny thing is that the instructions Page 1 & 2 of the Form I-864 clearly indicates that I am EXEMPT from filing I-864 provide that I send my Social Security Statement.

                      The frustrating part is that I have talked to 2 immigration lawyers who confirmed that I am correct and I need to highlight that for them and even send them special paper with colors highlight that fact.

                      Did you successfully refile? I am very frustrate and stress. USCIS tier 2 officers even agree that I am correct.
                      05/08/20: I-485, I-765, I-131, I-944 sent to USCIS
                      05/13 Rejected due to lack of I-864
                      05/27 resubmitted with explanation
                      06/03 Rejected again-same reason
                      06/13 Resubmitted with I-864
                      07/07 Lockbox emailed back and ask to resubmit
                      07/09 Filings accepted with PD 05/08/20 (nice)
                      08/06 Prior biometrics applied to I485
                      08/28 Took biometrics for I-765 only
                      09/28 I-765's Cards Ordered
                      10/02 EAD/AP received
                      04/12 Interview Sched
                      05/11 Interview done approval on the spot but no USCIS update online

                      Comment

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