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Delicia

I-864W

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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 have the feeling you will be in for another rejection.

How Is This Form Used?

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:

(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:

  • Working in the United States for 40 quarters in which you received the minimum income established by the Social Security Administration; or

  • 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

  • A combination of the above.

"You" above is the intending immigrant, not USC. Now according to the rest of the quote, it is possible that if the USC were to work and be credited with 40 quarters while married to the intending immigrant 10 years of marriage, or perhaps the intending immigrant worked in the USA and can combine their work with that of the USC then possibly it can be as short as 5 years if both USC and NON-Resident alien were married for the 5 years. (Example US citizen marries Canadian Citizen that is living in the USA on a TN visa, and they live together for 5 years each working 20 quarters, before filing to adjust status, then in that case they combine their quarters to add up to the required 40 and then file to waive the I-864)


OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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I have the feeling you will be in for another rejection.

:rofl:


"...My hair's mostly wind,

My eyes filled with grit

My skin's white then brown

My lips chapped and split

I've lain on the prairie and heard grasses sigh

I've stared at the vast open bowl of the sky

I've seen all the castles and faces in clouds

My home is the prairie and for that I am proud…

If You're not from the Prairie, you can't know my soul

You don't know our blizzards; you've not fought our cold

You can't know my mind, nor ever my heart

Unless deep within you there's somehow a part…

A part of these things that I've said that I know,

The wind, sky and earth, the storms and the snow.

Best say that you have - and then we'll be one,

For we will have shared that same blazing sun." - David Bouchard

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YuandDan;

quick question though?

The name is " Intending Immigrant's Affidavit of Support Exemption" and when I look at the form is does in fact look like this is for the Intending Immigrant to fill out.

What do you think?

Thanks

I have the feeling you will be in for another rejection.

How Is This Form Used?

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:

(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:

  • Working in the United States for 40 quarters in which you received the minimum income established by the Social Security Administration; or

  • 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

  • A combination of the above.

"You" above is the intending immigrant, not USC. Now according to the rest of the quote, it is possible that if the USC were to work and be credited with 40 quarters while married to the intending immigrant 10 years of marriage, or perhaps the intending immigrant worked in the USA and can combine their work with that of the USC then possibly it can be as short as 5 years if both USC and NON-Resident alien were married for the 5 years. (Example US citizen marries Canadian Citizen that is living in the USA on a TN visa, and they live together for 5 years each working 20 quarters, before filing to adjust status, then in that case they combine their quarters to add up to the required 40 and then file to waive the I-864)


AOS

APRIL 24 2008 - Filed AOS Packet APRIL 28 2008 - Package received and signed for by CHYBA

MAY 6 2008 ( Day 1) - Notice USCIS received MAY 10 2008 (Day 4) -Rec'd all 4 NOA's & Status of all 4 online

MAY 12 2008 (Day 6) - Received Biometrics letter MAY 14 2008 (Day 8) - Biometrics done early.

OCTOBER 22 2008 (DAY 170)- I-765:Card Production Ordered/I-131: Approval notice sent

OCTOBER 27 2008 (Day 175)- AP Received

OCTOBER 30 2008 (Day 178)- EAD Approval Notice Sent OCTOBER 31 2008 (Day 179)- EAD Received

NOVEMBER 4 2008- Applied for SSN / NOVEMBER 24 2008- SSN Received

JANUARY 15 2009- INTERVIEW-APPROVED!!

JANUARY 31 2009- GC RECEIVED_No more USCIS for 10 Months[/color]

ROC

October 27- I-751 Sent

October 30- I-751 Received

April 10-10 YR GC Received

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YuandDan;

quick question though?

The name is " Intending Immigrant's Affidavit of Support Exemption" and when I look at the form is does in fact look like this is for the Intending Immigrant to fill out.

What do you think?

Thanks

Yes form I-864W is filled out by the intending immigrant, not US Citizen, if the intending immigrant can prove that they have worked in the USA long enough to be exempt from the support requirement they then dont need to file an I-864.

The intending immigrant either needs to have worked 40 quarters (10 years) or if married to the US citizen for more than 5 years and the US citizen worked the 5 years then they can add their quarters together 20 from intending immigrant, and 20 from US citizen spouse.)


OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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