Can I use affidavit of support waiver?

[yugi]

Hi,

I have a petition for my daughter, now age of 19 living in Canada. I-130 was approved, and now I need to supply affidavit of support, however I found out on this website that I can use waiver if I have 40 quarters of work prior to child's 18th birthday, which I have.
Can I use I-864W for her?

he beneficiary can claim all quarters worked by a parent prior to the beneficiary's 18th birthday, even including time worked before the beneficiary was born to or adopted by the parent.

https://www.immihelp.com/affidavit-o...xceptions.html
Thanks.

[newacct]

I believe she should be exempt from the Affidavit of Support. Note that form I-864W is no longer used (for AOS it has been merged into the new I-485; for consular processing the officer is supposed to make a note of the exemption (see here)), so I'm not sure how you should respond.

[yugi]

I believe she should be exempt from the Affidavit of Support. Note that form I-864W is no longer used (for AOS it has been merged into the new I-485; for consular processing the officer is supposed to make a note of the exemption (see here)), so I'm not sure how you should respond. In any case you can still access the I-864W here.

Do you mean this quote:

(h) INA 213A(a)(3)(B) states that, in determining the number of qualifying quarters of coverage under title II of the Social Security Act, an alien is to be credited with:

(i) All of the qualifying quarters of coverage as defined under title II of the Social Security Act worked by a parent of such alien while the alien was under age 18;

Should I still file I-864W? In this document it says that I-864W was eliminated.

(4) Form I-864W Eliminated: A Form I-864W, Request for Exemption for Intending Immigrant's Affidavit of Support, is no longer required of any visa applicants. The Form I-864W was previously required of the following categories of applicants: those who will acquire citizenship upon admission to the United States; applicants who can demonstrate 40 qualifying quarters of SSA coverage; self-petitioning widows or widowers, or the abused spouse, parent, or child of a U.S. citizen, the abused spouse or child of an abused spouse or child of a U.S. citizen or lawful permanent resident who have an approved Form I-360. Instead of requiring the applicant to submit a Form I-864W, you should enter a case note indicating that the applicant is not required to submit an affidavit of support. Applicants exempt from the affidavit of support requirement due to 40 qualifying quarters of coverage under the Act must submit an earnings and benefits statement from the SSA.

[newacct]

Should I still file I-864W? In this document it says that I-864W was eliminated.

That's what I'm saying. So I'm not sure what the correct procedure is. She would either respond with an I-864W, with the evidence that she has 40 quarters of SS credits, or respond with the same evidence of 40 quarters of SS credits, without an I-864W. It might be safer to include the I-864W, and they can ignore it and just use the evidence if they want.

[yugi]

That's what I'm saying. So I'm not sure what the correct procedure is. She would either respond with an I-864W, with the evidence that she has 40 quarters of SS credits, or respond with the same evidence of 40 quarters of SS credits, without an I-864W. It might be safer to include the I-864W, and they can ignore it and just use the evidence if they want.

It's not she, it's me, her father who has 40 quarters. Is it still the case?

[newacct]

It's not she, it's me, her father who has 40 quarters. Is it still the case?

Yes, so you would respond with the evidence that there are 40 quarters of SS credits that can be credited to her (including credits from her spouse while married and credits from her parents while she was under 18).

[Tibwa]

were you successful with this? I just received a rejection notice from USCIS even though I checked item 62.a from the I-485 and include my SSA statement. I don't think the people who process the application in Chicago understand this. I am going to resubmit the application with a letter with big front for them and hopefully they get it this time.