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Delicia

Affadavit of Support rejection

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I recently received a 'yelllow slip' on the I-864EZ that I filed with my husband's Adjustment of Status/EAD package. My situation was this:

I am the sponsor for my husband. I lived with my spouse in Canada for 2 years and returned to the U.S. in October 2007 after accepting a job here. We originally filed an I-130 for an IR-1 visa and were going through the consular processing. He was visiting me in the U.S. when the I-130 was approved so we decided to forego the consular processing and switch to the Adjustment of Status path. I submitted an I-864EZ with the AOS package based upon my current 2008 income which is more than 3x the required minimum. The I-864EZ was rejected because my income did not meet the minimum per my 2007 tax return (I had begun working again in October 2007 so the tax return only reflected 2 months of income). I had submitted supporting evidence of my income like several paystubs and a letter from my employer indiciting my job was full-time, permanent and verifying my current annual salary, but still USCIS rejected it and a phone call to USCIS, I was informed that they only look at the tax returns/transcripts in making their determination.

I contacted an immigration attorney (friend of my boss actually) who provided me with some free information. If the USC has at least 40 quarter credits with SSA (roughly 10 years of work history), they can file a I-864W along with their SSA statement of contributions, to satisify the income requirements and skip the whole co- or joint sponsorship deal.

Just thought I would pass along this info as I had never read anything about this before on this forum.


My blog

10/01/2005: Married in Toronto

02/15/2006: Began Canadian Immigration

09/19/2007: Withdrew CIC application (they still hadn't processed anything)

10/01/2007: Moved back to U.S.

----------------------------------------------------------------------------------

IR-1 application through Montreal Consulate

10/26/2007: I-130 mailed to CA Service Center

10/29/2007: USPS confirmation of receipt of I-130

02/13/2008: NOA-1 received (107 days)

07/02/2008: I-130 approved

07/22/2008: AOS filed including EAD and AP

07/25/2008: NOA-1s for all 3 received

08/20/2008: Biometrics appointment

08/22/2008: Received RFE for Affadivit of Support and Medical

10/21/2008: Submitted I-865W in lieu of co-sponsor and medical info to NSC

11/14/2008: online case status not updated since filing of AOS in July 2008

01/20/2009: Received another RFE for Affadavit of Support Info

02/02/2009: Responded to RFE with brand new AOS based on 2008 tax return (if that doesn't shut them up, dunno what will)

02/19/2009: EAD card received in mail (no updates on Online Case Status ever made)

02/23/2009: AP received (again, no online updates)

02/26/2009: Received interview appointment letter for 4/6/09

04/06/2009: AOS approved for unconditional GC

04/21/2009: GC received

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I recently received a 'yelllow slip' on the I-864EZ that I filed with my husband's Adjustment of Status/EAD package. My situation was this:

I am the sponsor for my husband. I lived with my spouse in Canada for 2 years and returned to the U.S. in October 2007 after accepting a job here. We originally filed an I-130 for an IR-1 visa and were going through the consular processing. He was visiting me in the U.S. when the I-130 was approved so we decided to forego the consular processing and switch to the Adjustment of Status path. I submitted an I-864EZ with the AOS package based upon my current 2008 income which is more than 3x the required minimum. The I-864EZ was rejected because my income did not meet the minimum per my 2007 tax return (I had begun working again in October 2007 so the tax return only reflected 2 months of income). I had submitted supporting evidence of my income like several paystubs and a letter from my employer indiciting my job was full-time, permanent and verifying my current annual salary, but still USCIS rejected it and a phone call to USCIS, I was informed that they only look at the tax returns/transcripts in making their determination.

I contacted an immigration attorney (friend of my boss actually) who provided me with some free information. If the USC has at least 40 quarter credits with SSA (roughly 10 years of work history), they can file a I-864W along with their SSA statement of contributions, to satisify the income requirements and skip the whole co- or joint sponsorship deal.

Just thought I would pass along this info as I had never read anything about this before on this forum.

Actually, I believe it is the INTENDING IMMIGRANT, and not the sponsoring US Citizen who if they have 40 credits, they can use that to satisfy the income requirements. The amount of credits the sponsoring US Citizen spouse has ONLY applies if they work happened while the spouse was married to the intending immigrant. This was something that was particularily important to me, because I already had 40 credit hours (I've been on work visas in the US for years) based on my own work history in the US.

Taken directly from the I-864 form:

Any intending immigrant who has earned or can be creditedwith 40 qualifying quarters (credits) of work in the UnitedStates. In addition to their own work, intending immigrantsmay be able to secure credit for work performed by aspouse during marriage and by their parent(s) while theimmigrants were under 18 years of age. The Social SecurityAdministration (SSA) can provide information on how tocount quarters of work earned or credited and how toprovide evidence of such. See the SSA website atwww.ssa.gov/mystatement/credits for more information;


AOS (from h1-b)

Filed: 06/03/08

Received/Priority Date: 06/05/08

NOA1: 06/10/08

Biometrics: 07/03/08

EAD: 8/18/08

Interview: 10/22/08 - APPROVED!

Card Production Ordered: 10/22/08

Card Received: 11/3/08

ALL DONE TIL 2010!

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I recently received a 'yelllow slip' on the I-864EZ that I filed with my husband's Adjustment of Status/EAD package. My situation was this:

I am the sponsor for my husband. I lived with my spouse in Canada for 2 years and returned to the U.S. in October 2007 after accepting a job here. We originally filed an I-130 for an IR-1 visa and were going through the consular processing. He was visiting me in the U.S. when the I-130 was approved so we decided to forego the consular processing and switch to the Adjustment of Status path. I submitted an I-864EZ with the AOS package based upon my current 2008 income which is more than 3x the required minimum. The I-864EZ was rejected because my income did not meet the minimum per my 2007 tax return (I had begun working again in October 2007 so the tax return only reflected 2 months of income). I had submitted supporting evidence of my income like several paystubs and a letter from my employer indiciting my job was full-time, permanent and verifying my current annual salary, but still USCIS rejected it and a phone call to USCIS, I was informed that they only look at the tax returns/transcripts in making their determination.

I contacted an immigration attorney (friend of my boss actually) who provided me with some free information. If the USC has at least 40 quarter credits with SSA (roughly 10 years of work history), they can file a I-864W along with their SSA statement of contributions, to satisify the income requirements and skip the whole co- or joint sponsorship deal.

Just thought I would pass along this info as I had never read anything about this before on this forum.

Actually, I believe it is the INTENDING IMMIGRANT, and not the sponsoring US Citizen who if they have 40 credits, they can use that to satisfy the income requirements. The amount of credits the sponsoring US Citizen spouse has ONLY applies if they work happened while the spouse was married to the intending immigrant. This was something that was particularily important to me, because I already had 40 credit hours (I've been on work visas in the US for years) based on my own work history in the US.

Taken directly from the I-864 form:

Any intending immigrant who has earned or can be creditedwith 40 qualifying quarters (credits) of work in the UnitedStates. In addition to their own work, intending immigrantsmay be able to secure credit for work performed by aspouse during marriage and by their parent(s) while theimmigrants were under 18 years of age. The Social SecurityAdministration (SSA) can provide information on how tocount quarters of work earned or credited and how toprovide evidence of such. See the SSA website atwww.ssa.gov/mystatement/credits for more information;


My blog

10/01/2005: Married in Toronto

02/15/2006: Began Canadian Immigration

09/19/2007: Withdrew CIC application (they still hadn't processed anything)

10/01/2007: Moved back to U.S.

----------------------------------------------------------------------------------

IR-1 application through Montreal Consulate

10/26/2007: I-130 mailed to CA Service Center

10/29/2007: USPS confirmation of receipt of I-130

02/13/2008: NOA-1 received (107 days)

07/02/2008: I-130 approved

07/22/2008: AOS filed including EAD and AP

07/25/2008: NOA-1s for all 3 received

08/20/2008: Biometrics appointment

08/22/2008: Received RFE for Affadivit of Support and Medical

10/21/2008: Submitted I-865W in lieu of co-sponsor and medical info to NSC

11/14/2008: online case status not updated since filing of AOS in July 2008

01/20/2009: Received another RFE for Affadavit of Support Info

02/02/2009: Responded to RFE with brand new AOS based on 2008 tax return (if that doesn't shut them up, dunno what will)

02/19/2009: EAD card received in mail (no updates on Online Case Status ever made)

02/23/2009: AP received (again, no online updates)

02/26/2009: Received interview appointment letter for 4/6/09

04/06/2009: AOS approved for unconditional GC

04/21/2009: GC received

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Actually, I believe it is the INTENDING IMMIGRANT, and not the sponsoring US Citizen who if they have 40 credits, they can use that to satisfy the income requirements. The amount of credits the sponsoring US Citizen spouse has ONLY applies if they work happened while the spouse was married to the intending immigrant. This was something that was particularily important to me, because I already had 40 credit hours (I've been on work visas in the US for years) based on my own work history in the US.

Taken directly from the I-864 form:

Any intending immigrant who has earned or can be creditedwith 40 qualifying quarters (credits) of work in the UnitedStates. In addition to their own work, intending immigrantsmay be able to secure credit for work performed by aspouse during marriage and by their parent(s) while theimmigrants were under 18 years of age. The Social SecurityAdministration (SSA) can provide information on how tocount quarters of work earned or credited and how toprovide evidence of such. See the SSA website atwww.ssa.gov/mystatement/credits for more information;

The I-864W is worded a bit (but significantly) different:

The Form I-864 is legally required for many family-based immigrants and some employment-based immigrants to show

that they have adequate means of financial support and that they are not likely to become a public charge. Certain classes

of immigrants are exempt from the I-864 requirement and therefore must file Form I-864W instead of Form I-864 or

Form I-864EZ.

You must use this form instead of Form I-864 with your application for an immigrant visa or adjustment of status if

any of the following apply:

How Is This Form Used?

(1) You have earned (or can be credited with) 40 quarters of coverage under the Social Security Act (SSA). If you

have 40 quarters or SSA coverage, you are exempt from the requirement to file Form I-864. You can acquire 40

qualifying quarters in the following ways:

By being credited under section 213(a)(3)(B) of the Immigration and Nationality Act with quarters worked

by your spouse during the marriage or a parent during the time you were under 18 years of age; or

Working in the United States for 40 quarters in which you received the minimum income established by the

Social Security Administration

If you are claiming credit for quarters worked by a spouse or parent, you may not count any quarter in which the spouse or

parent was receiving means-tested public benefits. Include all SSA forms necessary to establish that you have or can be

credited with 40 quarters of coverage.

So, I (the USC) file this in lieu of the I-864 and use my credits to statisfy the earnings requirement. Perhaps the odd wording on the I-864 is why it is an overlooked option?

Edited by Delicia

My blog

10/01/2005: Married in Toronto

02/15/2006: Began Canadian Immigration

09/19/2007: Withdrew CIC application (they still hadn't processed anything)

10/01/2007: Moved back to U.S.

----------------------------------------------------------------------------------

IR-1 application through Montreal Consulate

10/26/2007: I-130 mailed to CA Service Center

10/29/2007: USPS confirmation of receipt of I-130

02/13/2008: NOA-1 received (107 days)

07/02/2008: I-130 approved

07/22/2008: AOS filed including EAD and AP

07/25/2008: NOA-1s for all 3 received

08/20/2008: Biometrics appointment

08/22/2008: Received RFE for Affadivit of Support and Medical

10/21/2008: Submitted I-865W in lieu of co-sponsor and medical info to NSC

11/14/2008: online case status not updated since filing of AOS in July 2008

01/20/2009: Received another RFE for Affadavit of Support Info

02/02/2009: Responded to RFE with brand new AOS based on 2008 tax return (if that doesn't shut them up, dunno what will)

02/19/2009: EAD card received in mail (no updates on Online Case Status ever made)

02/23/2009: AP received (again, no online updates)

02/26/2009: Received interview appointment letter for 4/6/09

04/06/2009: AOS approved for unconditional GC

04/21/2009: GC received

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I personally don't read it any different then the I-864, and I have been through this personally with legal counsel in our own application, but I wish you best of luck with the approach.

The I-864W says you can be credited for "quarters worked by your spouse during the marriage" OR the intending immigrant working in the United States for 40 quarters.

The "You have earned" language is directed at the intending immigrant, not the USC spouse.

If you and your husband were married for the duration of time you earned the 40 quarters (you are the USC i'm assuming), then he'll be able to earn credit for the quarters you worked. Based on your timeframe (marriage in 2005), it doesn't look like that is the case, so your full set of earned credits will not be applied to him.


AOS (from h1-b)

Filed: 06/03/08

Received/Priority Date: 06/05/08

NOA1: 06/10/08

Biometrics: 07/03/08

EAD: 8/18/08

Interview: 10/22/08 - APPROVED!

Card Production Ordered: 10/22/08

Card Received: 11/3/08

ALL DONE TIL 2010!

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So, I (the USC) file this in lieu of the I-864 and use my credits to statisfy the earnings requirement. Perhaps the odd wording on the I-864 is why it is an overlooked option?

I overlooked your last statement in my earlier pot.

I think you'll discover that this is incorrect (that you as the sponsor can file an i-864w instead of an i-864).

The i-864W is called the "I-864W, Intending Immigrant's Affidavit of Support Exemption" - all fields are filled out by the Intending Immigrant in the Intending Immigrants name. The form is NOT for use by the USC.

Edited by greencardinaz

AOS (from h1-b)

Filed: 06/03/08

Received/Priority Date: 06/05/08

NOA1: 06/10/08

Biometrics: 07/03/08

EAD: 8/18/08

Interview: 10/22/08 - APPROVED!

Card Production Ordered: 10/22/08

Card Received: 11/3/08

ALL DONE TIL 2010!

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You are correct and I mis'spoke' that the USC will file the I-864W. The immigrant actually completes and signs the form.

Regarding the matter around if we are eligible to file this form, there is one thing many probably don't realize regarding SSA work credits. A person can only earn 40 credtis in their lifetime; that is the cap. A person is not penalized for earning those 40 credits prior to marriage. I can work for 10 more years and not earn 1 more credit, which is the case. An immigrant can use their spouse's credits. Per the attorney, for that reason, it doesn't matter that the 40 credits I have were not earned during the marriage since it is not possible for me to earn any additional credits.


My blog

10/01/2005: Married in Toronto

02/15/2006: Began Canadian Immigration

09/19/2007: Withdrew CIC application (they still hadn't processed anything)

10/01/2007: Moved back to U.S.

----------------------------------------------------------------------------------

IR-1 application through Montreal Consulate

10/26/2007: I-130 mailed to CA Service Center

10/29/2007: USPS confirmation of receipt of I-130

02/13/2008: NOA-1 received (107 days)

07/02/2008: I-130 approved

07/22/2008: AOS filed including EAD and AP

07/25/2008: NOA-1s for all 3 received

08/20/2008: Biometrics appointment

08/22/2008: Received RFE for Affadivit of Support and Medical

10/21/2008: Submitted I-865W in lieu of co-sponsor and medical info to NSC

11/14/2008: online case status not updated since filing of AOS in July 2008

01/20/2009: Received another RFE for Affadavit of Support Info

02/02/2009: Responded to RFE with brand new AOS based on 2008 tax return (if that doesn't shut them up, dunno what will)

02/19/2009: EAD card received in mail (no updates on Online Case Status ever made)

02/23/2009: AP received (again, no online updates)

02/26/2009: Received interview appointment letter for 4/6/09

04/06/2009: AOS approved for unconditional GC

04/21/2009: GC received

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You are correct and I mis'spoke' that the USC will file the I-864W. The immigrant actually completes and signs the form.

Regarding the matter around if we are eligible to file this form, there is one thing many probably don't realize regarding SSA work credits. A person can only earn 40 credtis in their lifetime; that is the cap. A person is not penalized for earning those 40 credits prior to marriage. I can work for 10 more years and not earn 1 more credit, which is the case. An immigrant can use their spouse's credits. Per the attorney, for that reason, it doesn't matter that the 40 credits I have were not earned during the marriage since it is not possible for me to earn any additional credits.

You need 40 work credits to qualify for SSA benefits, and anything over 40 doesn't get you 'more SSA benefits' however, your earnings and credits are still tracked and calculated yearly for USCIS purposes.

Here is a sample SSA benefits and earnings form you'll need to submit with the i-864w. http://www.ssa.gov/mystatement/currentstatement.pdf

You'll see that the earnings are tracked by year. Regardless of whether or not you as the USC already HAVE 40 credits, only the credits earned DURING YOUR MARRIAGE to the intending immigrant qualify to be applied to the immigrant exemption. They'll look at your earnings for the years you've been married, and based on your earnings in those married years, you'll receive credits (up to 4/year) to be applied to the immigrants exemption. Again, ONLY the married years will apply.

That said, it sounds like you are already settled on trying this approach, so good luck to you.


AOS (from h1-b)

Filed: 06/03/08

Received/Priority Date: 06/05/08

NOA1: 06/10/08

Biometrics: 07/03/08

EAD: 8/18/08

Interview: 10/22/08 - APPROVED!

Card Production Ordered: 10/22/08

Card Received: 11/3/08

ALL DONE TIL 2010!

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