Explanation Letter for I-864w /RFIE (merged)

[Villanelle 4,121]

got my rfie in the mail today

They need :

- i-94 arrival/departure record and the passport page showing admission to the us.....Ive already send that

- Birth certificate translated in english

- I-864 instead of I-864w

the first 2 i don't have a problem with. but why do i need the i-864?

my ssa statement shows i have 35 quarters already

my husbands ssa statement shows he has 40 quarters already

now we have been married 4 1/2 years now and according to the instructions i can be credited by my husband.

Since we've been married i can be credited with the quarters that he earned, hence each year one will get 4 quarters for earnings.

So by my calculations we have ( 4 years x 4 quarters =16 quarters, since we've been married ) mine 35 +16 + his 40 = 91 quarters.

i know its confusing, but i dont understand why we have to file i-864 now and we dont have enough earnings according to the poverty guidelines, because my husband is/was self employed and now disabled

i dont know what to do now, should i resent the I -864w again with explanation and maybe a certified ss statement ?

And they didnt even ask for the i-693

i know this is an unusual circumstance, but any help would be appreciated

Yikes are you saying you have 91 credits???? No no no.

First- the most you can earn is 4 credits a year. So you have to look at how many your spouse earned for the actual years you were married. It may be 4 a year, it may not be. If it is the latter it would cause a denial...

So you earned 35. Great. If your hubby earned 4 each year you were married then yes that would be 16, so 35 +16 is over 40. Your hubby needs to have earned at least 5 or more during the marriage to bring it over 40. Did he?

You could have also been RFEd because you claimed 91 quarters and didnt send proof of that.

http://www.nolo.com/legal-encyclopedia/preparing-form-i-864w-affidavit-support-based-exemption-40-quarters-worked.html

Also please see the following caution:

"One remaining caution: You don't say whether you are working now, or whether your husband plans to work. The U.S. immigration authorities do have the power to look beyond the Affidavit of Support to consider whether the immigrant is likely to require need-based public assistance in the United States.

If so, that immigrant becomes “inadmissible” to the U.S. as a likely “public charge.” If, for example, both of you were elderly or disabled and unlikely to work in the future, that might tip the balance away from green-card approval. "

[EM_Vandaveer 2,370]

Yikes are you saying you have 91 credits???? No no no.

First- the most you can earn is 4 credits a year. So you have to look at how many your spouse earned for the actual years you were married. It may be 4 a year, it may not be. If it is the latter it would cause a denial...

So you earned 35. Great. If your hubby earned 4 each year you were married then yes that would be 16, so 35 +16 is over 40. Your hubby needs to have earned at least 5 or more during the marriage to bring it over 40. Did he?

You could have also been RFEd because you claimed 91 quarters and didnt send proof of that.

http://www.nolo.com/legal-encyclopedia/preparing-form-i-864w-affidavit-support-based-exemption-40-quarters-worked.html

Also please see the following caution:

"One remaining caution: You don't say whether you are working now, or whether your husband plans to work. The U.S. immigration authorities do have the power to look beyond the Affidavit of Support to consider whether the immigrant is likely to require need-based public assistance in the United States.

If so, that immigrant becomes inadmissible to the U.S. as a likely public charge. If, for example, both of you were elderly or disabled and unlikely to work in the future, that might tip the balance away from green-card approval. "

OP said her husband's SSA statement shows 40 credits already while her own shows 35 credits already (I am assuming this is before the marriage, but I may be wrong.)

[sky459 6]

Yikes are you saying you have 91 credits???? No no no.

First- the most you can earn is 4 credits a year. So you have to look at how many your spouse earned for the actual years you were married. It may be 4 a year, it may not be. If it is the latter it would cause a denial...

So you earned 35. Great. If your hubby earned 4 each year you were married then yes that would be 16, so 35 +16 is over 40. Your hubby needs to have earned at least 5 or more during the marriage to bring it over 40. Did he?

You could have also been RFEd because you claimed 91 quarters and didnt send proof of that.

http://www.nolo.com/legal-encyclopedia/preparing-form-i-864w-affidavit-support-based-exemption-40-quarters-worked.html

Also please see the following caution:

"One remaining caution: You don't say whether you are working now, or whether your husband plans to work. The U.S. immigration authorities do have the power to look beyond the Affidavit of Support to consider whether the immigrant is likely to require need-based public assistance in the United States.

If so, that immigrant becomes “inadmissible” to the U.S. as a likely “public charge.” If, for example, both of you were elderly or disabled and unlikely to work in the future, that might tip the balance away from green-card approval. "

hi,

and no i didnt mean that i have 91 quarters

i have 35 before marriage, husband had 40 before marriage... we are not that young but also not that old.... we just worked all our lives.

so my husband already had 40 before we got married, how is that work with the quarters after the 40 ?

as far as earning credits since our marriage it should be at least 12, hence we are going by 3 years since the earnings for 2015 are not on the statement yet, but he already had 40 quarters, the way i understand it on the instructions i can combine mine with his .

the only thing i send was both of our social security statements showing the quarters earned

[sky459 6]

OP said her husband's SSA statement shows 40 credits already while her own shows 35 credits already (I am assuming this is before the marriage, but I may be wrong.)

hi,

yes you are correct with that, thats what i said.

my husband already had 40 quarters by age 28 which was 20 years ago

Edited August 12, 2016 by sky459

[sky459 6]

OP said her husband's SSA statement shows 40 credits already while her own shows 35 credits already (I am assuming this is before the marriage, but I may be wrong.)

oops, i mentioned

that i earned my 35 quarters 14 years ago, dont know if that helps in any way

[EM_Vandaveer 2,370]

It does not matter how long ago. You really have to spell it out for USCIS, I think. Write an explanation letter. 1) you have been credited with 35 credits on your own. Proof: your SSA statement. Additionally, your USC husband has, since the date of your marriage, xx/xx/xxxx, have been credited with x credits. Proof: his SSA statement. As 35+x equals more than 40, you are exempt from having to have an I-864 filed for you.

(See I-864w instructions 1) C)

(I am assuming your husband was not receiving means-tested benefits during those quarters of his that are credited to you, correct? Because if he did, those can't be credited to you.)

Your husband's credits BEFORE the marriage do not matter at all in this context.

Edited August 12, 2016 by EM_Vandaveer

[Villanelle 4,121]

Above is exactly correct..

I mean if you were allowed to use your USC spouses earnings/credits from before marriage almost anyone over age 30 would be able to use 864w!! Would make a lot of people happy but alas it's not the way it is

[sky459 6]

It does not matter how long ago. You really have to spell it out for USCIS, I think. Write an explanation letter. 1) you have been credited with 35 credits on your own. Proof: your SSA statement. Additionally, your USC husband has, since the date of your marriage, xx/xx/xxxx, have been credited with x credits. Proof: his SSA statement. As 35+x equals more than 40, you are exempt from having to have an I-864 filed for you.

(See I-864w instructions 1) C)

(I am assuming your husband was not receiving means-tested benefits during those quarters of his that are credited to you, correct? Because if he did, those can't be credited to you.)

Your husband's credits BEFORE the marriage do not matter at all in this context.

what do you mean with ... my husbands credits before the marriage do not matter

he already has 40 quarters and cant get no more quarters afterwards ( i think )

so how will/can i proof that he earned quarters since our marriage?

His ssa statement shows 40 Quarters from the time he accumulated them ( 20 Years ago ) and was still working .

should i highlight the years of our marriage with the earnings on his ssa statement ? and explain how many quarters per year was earned?

i have written an explanation and post it it on this thread somewhere, i ll copy it for you to look over it, if you dont mind. should i write it differently, add something ? i am so nervous about this

Explanation for Resubmitting form I-864w

The Intending Immigrant has accumulated 35 Quarters ( See enclosed Social Security Statement ).

The US Citizen Spouse has Accumulated 40 Quarters ( See Enclosed Social Security Statement ).

The Intending Immigrant is Illegible to be exempt from form I-864

because The Intending Immigrant has earned or can receive credit for 40 quarters, by the Intending immigrants own earned quarters and By being credited under section 213(a)(3)(B) of the Immigration and Nationality Act (INA) with quarters worked by His/Her spouse during the marriage.

A combination of Paragraph A. and Paragraph B.

On form I-864w instruction page 1 ( How is Form I-864w Used ? )

thank you so much for your reply s, i need to find out asap what to do, weather to resubmit I-864w with explanation and statements or should i go ahead and send form I-864 instead, even tho the earnings on the taxes don't comply with the poverty guideline, or both ?

so many questions, so little time ( response within 87 days )

[Villanelle 4,121]

Also there is no 'should be 12' lol.this is USCIS. You need exact numbers. Check the most recent statement and follow EMs format for reply.

[sky459 6]

Also there is no 'should be 12' lol.this is USCIS. You need exact numbers. Check the most recent statement and follow EMs format for reply.

Edited August 12, 2016 by sky459

[EM_Vandaveer 2,370]

Your husband's credits earned before the marriage CANNOT be credited to you.

"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 coverag"

It's not a combination of 1)A) and 1)B. It's 1) C).

[EM_Vandaveer 2,370]

who is EMs ?

That'd be me.

You need to clarify if your husband has earned any credits (and if so, how many) since you got married. Those are the only credits you can use to make up for your own 5 "missing credits" (as you have 35 on your own).

[sky459 6]

That'd be me.

oops sorry em...lol

so what should i do in your opinion ?

[EM_Vandaveer 2,370]

Your explanation letter is NOT good.

To quote myself

"Write an explanation letter. 1) you have been credited with 35 credits on your own. Proof: your SSA statement. Additionally, your USC husband has, since the date of your marriage, xx/xx/xxxx, been credited with x credits. Proof: his SSA statement. As 35+x equals more than 40, you are exempt from having to have an I-864 filed for you.

(See I-864w instructions 1) C)

(I am assuming your husband was not receiving means-tested benefits during those quarters of his that are credited to you, correct? Because if he did, those can't be credited to you.)"

Edited August 12, 2016 by EM_Vandaveer

[sky459 6]

That'd be me.

You need to clarify if your husband has earned any credits (and if so, how many) since you got married. Those are the only credits you can use to make up for your own 5 "missing credits" (as you have 35 on your own).

how can he earn more credits since he already has 40 ? this is what confuses me.

he already has 40 quarters and cant get no more quarters afterwards ( i think )

so how will/can i proof that he earned quarters since our marriage?

His ssa statement shows 40 Quarters from the time he accumulated them ( 20 Years ago ) and was still working .

should i highlight the years of our marriage with the earnings on his ssa statement ? and explain how many quarters per year was earned?