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

[EM_Vandaveer 2,370]

i know EM... i was just joking...lol

and i really appreciate all the advice youve been giving...you sure got me going... i believe this could work.

I know you were joking

[Villanelle 4,121]

Whoa wait a minute thats all you sent? Give me a bit to find some links...

[EM_Vandaveer 2,370]

Whoa wait a minute thats all you sent? Give me a bit to find some links...

Originally. Not as an RFE response.

[Villanelle 4,121]

You need both spouses printouts. These should be current ones NOT ones youve had that were generated in 2000.

Your spouses printout will say how many credits he has, your printout is going to say how many credits you have. look at the printout. I believe its NOT shown on the example forms but it is on the actual form. Page 2 I think...

Please remember this is your petition. I posted the following a loooong time ago. As you can see this issue rarely comes up.

Read the instructions again carefully:
You must verify that an Affidavit of Support Form I-864 is not required according to the I-864W instructions.Mrs did that and its not needed The Form I-864W may be submitted ONLY IF any of the following apply to you, the visa applicant,

Has, or can be credited with, 40 quarters of covered employment She checked and he has combined quarters available
A signed statement from the person who earned the quarters must be attached to the I-864W. this is the statement She needs to attach signed by Him
An earnings and benefits statement from the Social Security Administration (SSA) showing the number of qualifying quarters earned by the applicant must be attached to the I-864W. She should have one for herself and one from him

The source is the SSA benefit statements. The reason the quarters earned under Mr are able to be used by Mrs is because of section 213(a)(3)(b) of the Immigration and Nationality Act.

Its really not that complicated. Mrs intending immigrant is required to have an aff of support to adjust status. OK. If Mrs has earned 40 quarters of work with the SS admin herself or is covered under her husband according to section 213(a)(3)(b) Mrs does not need to submit form 864 filled out by Mr, instead she fills out for 864W filled out by herself.

As part of filling out for 864W she needs to include a statement from Mr stating that he never used any means tested benefits because if he did any work credits for those years do not count.

In addition Mrs must submit proof of the work credits shes claiming shes eligible to use the 864W form for. That would be hers and and or his.

Mrs would then sign the form and submit it.

As for how quarters are earned please see this from an old thread

Exactly, 10 years of work does not mean that you automatically have enough credits. People on here commonly say 10 years/40 quarters of work credits with SS like they are interchangeable but they are not. You dont automatically get a certain number or work credits each year.

The number of work credits you get depend on how much you work. It takes a person who works full time an average of 10 years to accumulate 40 credits of work with SS. Work part time and it will take you longer. So if you took 2-3 yrs off it will take you longer.

You can earn up to 4 quarters of work each year. Currently to earn a quarter in 2013 you need to earn $1,160. So for your first 1160, You earn 1 quarter. Your next 1160 you earn your second quarter. Your 3rd, you earn 3. Your 4th you earn your 4th. Thats your limit for the year.

Here is some posts from the user back then and their experience.

Posted 11 April 2013 - 11:51 AM

I want to followup here. It might be a help to others. NVC has accepted our I-864w without any check lists. Now we will see what the consulate says. This is what a did. I am the USC and have the social security credit. My wife filled out I-864w and signed it. We included my social security statement printed out from the SS website. We both signed a statement that we did not receive any welfare. I signed a ssa-3288 giving permission to verify my social security credit.

Here is my last follow up. We went to my wife's interview at the consulate. The person reviewing the documents started to say that we filled out the wrong paperwork. I said that we where claiming 40 quarters of SS. She quickly asked a higher up and said it was OK. She said she had been working at the consulate for some time and it was the first time that someone summited a I-864w claiming 40 quarters of SS. They didn't see interested in the statements saying we didn't receive any welfare. They did look fairly closely at the SS statement. The only things they kept was the I-864w form fill out by my wife and my SS statement that I printed from the SS website. So I think this should help others that want to claim 40 quarters of SS and not file a AOS. It does appear to be rare case.

[sky459 6]

You need both spouses printouts. These should be current ones NOT ones youve had that were generated in 2000.

Your spouses printout will say how many credits he has, your printout is going to say how many credits you have. look at the printout. I believe its NOT shown on the example forms but it is on the actual form. Page 2 I think...

Please remember this is your petition. I posted the following a loooong time ago. As you can see this issue rarely comes up.

Here is some posts from the user back then and their experience.

hi damara,

my quarters/credits show on my ssa statement, but my husbands doesn't show quarters/credits, it says you have earned enough credits to qualify for benefits and he still accumulated quarters/credits afterwards and during or marriage thru the earnings

[Villanelle 4,121]

Yeah i think thats what it shows when you pass 40. However as stated you still earn credits. Please see the following link about the process. Its from the NVC/consulate POV but the process and policies remain the same for in states AOS.

http://www.shusterman.com/40quartersofsocialsecurityinlieuofaffidavitofsupport/

I did see your RFE as well. (it was blacked out for me lol...oh wait now I see what you did... Dont know how you did that..)

[Villanelle 4,121]

So anyway... It says in Box 1 you didnt submit a statement showing 40Q. To me this is just a general statement they use and not case specific. This is what happens with RFEs. Its like they can point and choose from a premade list but they do not specifically write in what it should say or what the problem was.

Did you include all of the items above? Did you and he sign and send statements accordingly? If not that could be the problem and they will accept the 864W when its completed properly...

There is also the caveat about maintaining income and special circumstances. They can find because your spouse is disabled that you wont be able to stay above the poverty line... I dont think this is the case here but you never know.

A good thing is it does not say anything about a JOINT sponsor yet. So remember they can RFE you again for such if they feel you do not meet the guidelines. So a safe bet is to include the 864 filled out as well by just you guys so you meet the conditions of the RFE. Of course include the new 864W with all the supporting currently issued docs and perhaps put the regular 864 in a sealed envelope separately in the package and state you are including it as per the rfE but its not needed as you meet the 864w qualifications.

If you get back another RFE stating you need a cosponsor then its because they are rejecting your 864W due to the disability which sucks. By not sending a cosponsor right now you can be delaying the process but I get the feeling you dont have one ready and do not wish to use one if it can be avoided.

As for the other points of the RFE make sure you address them. They are pretty self explanatory.

[sky459 6]

Yeah i think thats what it shows when you pass 40. However as stated you still earn credits. Please see the following link about the process. Its from the NVC/consulate POV but the process and policies remain the same for in states AOS.

http://www.shusterman.com/40quartersofsocialsecurityinlieuofaffidavitofsupport/

I did see your RFE as well. (it was blacked out for me lol...oh wait now I see what you did... Dont know how you did that..)

yeah i dont know how i did that, how did you get those thumpnails on here ?

[Villanelle 4,121]

It opened in adobe. I highlighted it and then right clicked save image. I then opened photo filtre (but any program like that will work) and said paste as new image and saved it as a jpeg.

[sky459 6]

So anyway... It says in Box 1 you didnt submit a statement showing 40Q. To me this is just a general statement they use and not case specific. This is what happens with RFEs. Its like they can point and choose from a premade list but they do not specifically write in what it should say or what the problem was.

Did you include all of the items above? Did you and he sign and send statements accordingly? If not that could be the problem and they will accept the 864W when its completed properly...

There is also the caveat about maintaining income and special circumstances. They can find because your spouse is disabled that you wont be able to stay above the poverty line... I dont think this is the case here but you never know.

A good thing is it does not say anything about a JOINT sponsor yet. So remember they can RFE you again for such if they feel you do not meet the guidelines. So a safe bet is to include the 864 filled out as well by just you guys so you meet the conditions of the RFE. Of course include the new 864W with all the supporting currently issued docs and perhaps put the regular 864 in a sealed envelope separately in the package and state you are including it as per the rfE but its not needed as you meet the 864w qualifications.

If you get back another RFE stating you need a cosponsor then its because they are rejecting your 864W due to the disability which sucks. By not sending a cosponsor right now you can be delaying the process but I get the feeling you dont have one ready and do not wish to use one if it can be avoided.

As for the other points of the RFE make sure you address them. They are pretty self explanatory.

i send the i-864w my ss statement and my husbands ss statement but we didn't sign our statements or anything, and his ss statement has only earnings till 2014, hence we have an extension on 2015 taxes, and the accountant said the earnings wont show up till later this year or early next year.. also my husband just now in june got on disability...

[sky459 6]

damara,

where do we need to sign the statements? or does my husband have to sign a written statement? i have to sign the form i-864w already, do i need a separate written statement with signature for myself ? and as far as the explanation, i m not sure how to write it.

[sky459 6]

hey yall,

could yall look over this and tell me what you think please. it dont sound right to me, do i need to change anything or should i add something else?

My name the Intending Immigrant is eligible 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/Credits and By being credited under section 213(a)(3)(B) of the Immigration and Nationality Act (INA) with quarters worked by His name the US Citizen Spouse during the marriage.

As specified in the instructions for form I-864w Page 1

The Quarters earned by ______ Us Citizen Spouse since Marriage ( see below and on the SSA Statement )

2012 - $ 1,130 per quarter x 4 = $4,520 total earnings on us citizen spouse SSA statement $12,344/ 3 Quarters

2013 - $ 1,160 per quarter x 4 = $4,640 total earnings on us citizen spouse SSA statement -0-

2014 - $ 1,200 per quarter x 4 = $4,800 total earnings on us citizen spouse SSA statement $15,224/ 4 Quarters

= 7 Quarters

The Quarters earned by the Intending Immigrant = 35 Quarters

This Concludes the intending immigrants own earned Quarters combined with the quarters earned by the US Citizen Spouses = 42 Quarters

Edited August 16, 2016 by sky459

[EM_Vandaveer 2,370]

Sounds alright to me. Don't forget your husband's statement that he did not receive any means-tested benefits during those quarters that are credited to you.

Edited August 16, 2016 by EM_Vandaveer

[sky459 6]

Sounds alright to me. Don't forget your husband's statement that he did not receive any means-tested benefits during those quarters that are credited to you.

it doesnt sound right to me, cause i put to many of intending immigrant in it.

should i stable it to the explanation or the statement ? should i also have one for myself ?

what other documents should i add?

i got copys of my marriage certificate, social security card, my ssa statement Highlighted , his ssa statement Highlighted ,also printed out cover of quarters from ssa , the instructions for form I-864w Page 1 Highlighted, his statement not receiving means tested benefits, form I-864w... what else , did i miss something ?

[Villanelle 4,121]

Sorry I didnt repy sooner but I usually only post at night. I know you are going crazy on how to reply but take a breath. EM is here and Im here and even though they arent saying anything many people are watching and believe me if someone says something wrong as advice it will be pointed out!

So you really need to read the instructions for the form 864W again.

Lets go through each part to make sure its all correct and you dont reply wrong to the RFE.

Part 1 is info about you. You are the intending immigrant and this is your form.

Part 2 you would check of 1A

Part3- thats your statement and signature. You should only have box 1A checked here and 6a and b (sign and date)

-thats the completed 864W-

You now need to assemble the accompanying packet for the 864W. This includes:

1 the 864W form you filled out

2 Your SSA statement

3 Your spouses SSA statement

4 Letter from spouse stating no welfare and can use credits

5 Letter of explanation

6 (optional but other user added it) SSA-3288 form from spouse. (https://www.ssa.gov/forms/ssa-3288.pdf)

The letter from your spouse should briefly state something along the lines of: I so and so hereby swear that during the period of my marriage to wifes name beginning Jan 1, 2000 and the present day Aug 16 2016 that I did not use any means tested benefits. I also allow the use of my ssa earnings to be used for the purposes of the 864W form. (I am including ssa3288) blah blah. Signed and dated. You can add a copy of his DL or go the extra step and get it notarized but honestly both are overkill.

The letter of explanation from you is another story. That you definitely need. I am just... I dont know, I feel like Im missing something.

My name the Intending Immigrant is eligible 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/Credits and By being credited under section 213(a)(3)(B) of the Immigration and Nationality Act (INA) with quarters worked by His name the US Citizen Spouse during the marriage.

As specified in the instructions for form I-864w Page 1

The Quarters earned by ______ Us Citizen Spouse since Marriage ( see below and on the SSA Statement )

2012 - $ 1,130 per quarter x 4 = $4,520 total earnings on us citizen spouse SSA statement $12,344/ 3 Quarters

2013 - $ 1,160 per quarter x 4 = $4,640 total earnings on us citizen spouse SSA statement -0-

2014 - $ 1,200 per quarter x 4 = $4,800 total earnings on us citizen spouse SSA statement $15,224/ 4 Quarters

= 7 Quarters

The Quarters earned by the Intending Immigrant = 35 Quarters

This Concludes the intending immigrants own earned Quarters combined with the quarters earned by the US Citizen Spouses = 42 Quarters

First of all you know those are made up totals right>? lol. Im just not sure why you are claiming 3Qs for 2012. Its not because of the marriage date is it? I looked and I cant find anything to support or contradict that... The best I can say is I think you get the whole years credits even if you were married the last day of the year. Technically you were married during that year.. But I dont know for sure.

I know your husband was self-employed and I know how that is with tax write offs so any amount of income (even a loss) wouldnt be surprising. For each year it would look more like

The Quarters earned by ______ Us Citizen Spouse since Marriage ( see below and on the SSA Statement )

2012 -Rate $ 1,130 per quarter Earnings $5,685 (1130x4=4520) total 4 quarters

2013 -Rate $ 1,160 per quarter Earnings $1005 (1160x1=1160) total 0 quarters

2014 -Rate $ 1,200 per quarter Earnings $6899 (1200x4=$4,800) total 4 quarters

= 8 Quarters

Personally I would go with 8Q because it adds up cleaner and I suppose if they feel you are claiming 8 and it should be 7 you would still have enough. I dont think they will make a thing of it but you never know. The other issue I would address is the fact that you are sending with out the current tax year on it. I would say you have an extension and submit proof of such (this has been debated on here as well if its valid and I am of the opinion that it is) But I would add that as item 7 on what to submit. Proof of the extension and in your letter or hubbys statement state about the taxes being extended however this should not impact as you have enough credits counting 2012-2014