NVC Document Cover Sheet

[Rajblr2016]

Hi,

My wife and self are IR-5 beneficiaries exempt from filing Affidavit of Support (eligible for I-864 W).

I am in the process of assembling the documents as per the Document Cover Sheet (please see attached). It is my interpretation that the entire set of documents solicited under the heading 3. Signed Affidavit of Support(s) is only applicable to, and in the context of the petitioner being the financial sponsor of Affidavit of Support alone.

And that, as filer's of I-864W, we are not required to furnish the documents as suggested under that section.

Would appreciate if anyone with the knowledge / experience of dealing with this situation could please advise if I am missing something.

Thanks!

[rayb]

How did you obtain the I-864W (waiver) basis?

--Ray B

Hi,

My wife and self are IR-5 beneficiaries exempt from filing Affidavit of Support (eligible for I-864 W).

I am in the process of assembling the documents as per the Document Cover Sheet (please see attached). It is my interpretation that the entire set of documents solicited under the heading 3. Signed Affidavit of Support(s) is only applicable to, and in the context of the petitioner being the financial sponsor of Affidavit of Support alone.

And that, as filer's of I-864W, we are not required to furnish the documents as suggested under that section.

Would appreciate if anyone with the knowledge / experience of dealing with this situation could please advise if I am missing something.

Thanks!

[Rajblr2016]

How did you obtain the I-864W (waiver) basis?

--Ray B

Hello Ray B,

As reported earlier, I had worked legally in the US over a decade ago before abandoning my Green Card. During that period of about 13 or so years, I had earned over 40 Qualifying Social Security credits to become eligible for retirement benefits when retiring. (Ineligible for any disability claims though, as there has been no contribution to SS in the last 10 years). I just managed to obtain the Social Security Statement with my Earnings Record.

Although my wife did not work during that period, I believe she can "claim" the credits through me by virtue of marriage even before my contribution to SS started.

Neither of us claimed any Federal Means Tested benefits at any time.

Hope we are both eligible to file 864-W by that count.

Please correct if I am wrong.

Thanks!

[rayb]

Raj,

While I can't confirm that your description entitles you to claim the waiver, it sounds okay to me. The reason I asked the question, "how you claimed the waiver," is that children of friends were notified by the NVC that they were entitled to the waiver because parent(s) were U.S. ciitizens, so the NVC was the agency that decided to allow sponsor/petitioner to file the I-864W.

--Ray B

Hello Ray B,

As reported earlier, I had worked legally in the US over a decade ago before abandoning my Green Card. During that period of about 13 or so years, I had earned over 40 Qualifying Social Security credits to become eligible for retirement benefits when retiring. (Ineligible for any disability claims though, as there has been no contribution to SS in the last 10 years). I just managed to obtain the Social Security Statement with my Earnings Record.

Although my wife did not work during that period, I believe she can "claim" the credits through me by virtue of marriage even before my contribution to SS started.

Neither of us claimed any Federal Means Tested benefits at any time.

Hope we are both eligible to file 864-W by that count.

Please correct if I am wrong.

Thanks!

[Rajblr2016]

Raj,

While I can't confirm that your description entitles you to claim the waiver, it sounds okay to me. The reason I asked the question, "how you claimed the waiver," is that children of friends were notified by the NVC that they were entitled to the waiver because parent(s) were U.S. ciitizens, so the NVC was the agency that decided to allow sponsor/petitioner to file the I-864W.

--Ray B

Thanks Ray B. I hear you. But if one were to wholly go by the following verbiage in the i-864w instructions, it would be my belief that the Applicant can take that call at the time of applying.

"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."

Given the above, I am still wondering if I would be right in inferring that the information/documents solicited under Affidavit of Support heading of the NVC Document Cover Sheet is pertinent to, and in the context of the financial sponsor alone - and therefore remains "Not Applicable" for both mine and my wife's petitions by virtue of us being exempt from filing either I-864 or I-86A or I-864EZ.

Request you and anyone else in the know to please pitch in, as I am in the process of assembling our application packet ready to be dispatched real soon.

Thanks!

[rayb]

If you have not received correspondence from the NVC or USCIS (if doing an Adjustment of Status) requesting that you use the I-864W, my advice is to prepare a standard I-864 package for the NVC. If you later get a request t do the I-864W submittal, then that will be great.

--Ray B

Thanks Ray B. I hear you. But if one were to wholly go by the following verbiage in the i-864w instructions, it would be my belief that the Applicant can take that call at the time ofapplying.

"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."

Given the above, I am still wondering if I would be right in inferring that the information/documents solicited under Affidavit of Support heading of the NVC Document Cover Sheet is pertinent to, and in the context of the financial sponsor alone - and therefore remains "Not Applicable" for both mine and my wife's petitions by virtue of us being exempt from filing either I-864 or I-86A or I-864EZ.

Request you and anyone else in the know to please pitch in, as I am in the process of assembling our application packet ready to be dispatched real soon.

Thanks!

[S_R_E]

I applied for my Green Card this year via marriage to my wife (US Citizen) and was approved in June the day following the interview.

We filed the using my wife as sponsor as her income easily meets the requirements.

I had previously started the Green Card process via my ex wife and had worked against my valid SSN for many years accruing well over the 40 credits. I had created an online account with the SSA and verified my SS earnings statement. All credits earned against my SSN are valid and registered in my account‚*regardless of my immigration status at the time of earning. Once assigned a social security number‚ that same number will remain with you for life.

I have been married to my current wife for 17 years as of this February (all of which we have spent in the US).

We never received an RFE on our case and the waiver never came up‚*not even at the interview.

We had pondered whether or not we needed to file the affidavit of support as I had the work credits‚*but as it doesn't cost anything to file and my wife's income easily met the requirements we decided it was simplest just to file using the affidavit of support.

I am posting this just to give you my experience. We decided that as my wife easily met the income requirements‚*it was just the simplest way to go that route and avoid any potential unexpected issues. If anything we decided it would be overkill and nothing harmful.