I-864W (waiver)

[ladybug2010 0]

We are preparing to file an AOS for my husband (I am the US Cit) who has been in the US for quite a while (legally working) and is currently on TN status. In fact, he has been here working long enough in either TN status or on an H1-B that he has earned the 40 credits required through the Social Security Administration to not need a sponsor. This is great for us, because I am a Stay at Home mom and I have no income.

Has anyone used the I-864W before? What type of documentation did you use to prove the intending immigrant had earned all 40 credits?

Did the sponsor still complete an I-864 (my income is 0 but I do have some assets including savings and retirement- probably could get very close to what I would need to show ($23,000x3=$69,000 in assets)?

My brother is available to act as a co-sponsor and is willing to complete an affidavit of support and he certainly qualifies. However, it seems like it would be easier to just do the I-864 waiver and move on with it...............

Advice? Experiences? THANKS!!

[metals95 1]

I looked into this to during AOS, I had been on TN and at the time had 36 credits, so we did I864 like normal.

I have read other posts in the past about I 864W that say you need a certified Social Security Transcript, but theUSCIS form and instructions are not clear.

You can file a regular I864 and use your husbands TN income as your relative to sponsor himself your (the US citizen's) spouse. Do a search on this website it has come up before.

In our case I asked the interviewer about the 40 credits and she had no Idea. I had 36 when we filed and 40 by the time we interviewed so in effect my Wife's sponsorship of me ended before it started.

Edited January 24, 2011 by metals95