WesAndFlor

I believe which is what Pushbrk is referring to when he said "If it's clear from the USC's SS benefit statements that those quarter's have been credited," as he doesnt know what your statement looks like- from referring to my own SS statement on page 2 - while its not printed on the example on my actual statement it says- Retirement- You need 40 credits to qualify for benefits- you currently have 28. (as Im am younger and disabled and havent worked much) Your statement should say how many you have. Highlight that so they dont have to calculate the credits manually.

What Pushbrk is stating contradicts statements in another thread made by Pushbrk. Pushbrk wrote in another thread that the 864W is used when the immigrant has been credited. A direct quote from Pushbrk is... "The I-864w is used when the immigrant has been credited with 40 quarters." Now in this thread Pushbrk is writing that the USC is credited with the 40 credits. I was specific in another thread, I HAVE been credited with 40 credits. There is no question here about the number of credits.

When Pushbrk said..."I read the instructions. What I "don't know" is whether the quarters have been credited to the US Citizen spouse. If it's clear from the USC's SS benefit statements that those quarter's have been credited, then the USC's benefit statement would be the needed documentation. The source for that is the SSA. I haven't seen the statement or been giving its details."

...That is not a true statement...I gave the details in another thread and was clear that I have acquired 40 credits since being married to my wife and Pushbrk replied..."Unless your foreign wife can be credited with 40 quarters, by actually being in the US legally, then the I-864w is irrelevant. You use the I-864."

I am not trying to be argumentative, but Pushbrk's comments contradict each other. I think there is a real need for a good thread here about I-864W. If there already is, sorry, I haven't found it. I don't appreciate someone just guessing as they go along.

Unless your foreign wife can be credited with 40 quarters, by actually being in the US legally, then the I-864w is irrelevant. You use the I-864. You qualify to sponsor based on your current income at the time you file the affidavit of support. The PAST three years' income is only informational but required. It doesn't matter whether you qualified on past income. If the return was filed using the 1040, the income figure is from line 22. If a 1040EZ, use the adjusted gross income.

Please show me the basis for your claim that the I-864W is irrelevant to my wife? I can't find anything anywhere that reinforces the idea that she has to have been here LEGALLY. Thanks, Wes

Go to the source, the SSA to determine whether the foreign spouse (in the present tense) "can be credited with" 40 quarters. If they say yes, ask them how to document it? You don't use the form because your interpretation or mine is that you qualify, you use it if you are certain and can document that you qualify.

Correct me if I am wrong, I don't believe the source is the SSA. They don't have any interest in this. The source will be the instructions to form I-864W and the INA. Specifically, INA 213(a)(3)(b), which is referenced by I-864W instructions. Have you read the instructions? Did you understand the part where the instructions state: "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...?

Section 213(a)(3)(b):

(B) Qualifying quarters.-For purposes of this section, in determining the number of qualifying quarters of coverage under title II of the Social Security Act an alien shall be credited with-

(ii) all of the qualifying quarters worked by a spouse of such alien during their marriage and the alien remains married to such spouse or such spouse is deceased.

I wasn't trying to use the form because of anyone's "interpretation." I don't want any questions left unanswered as to which form I should file, which is one reason I joined this forum. Any posts I have made about I-864W have been to gain certainty. While I appreciate your responses, I wonder if you are just guessing on this subject.

We will have been married 14 years next month (Who has been married this long without getting a green card?)

It may not be as rare as you think. I have been married almost 12 years.

I asked this question a few weeks ago. I am still looking for the answer. I have received several responses indicating my wife doesn't qualify to use the AOS waiver. None of them make sense to me. I haven't heard the same reason twice, it is always a different reason each time. It is aggravating to be told to read the instructions if you read them several times before asking questions. I believe the instructions are clear that my wife (and probably yours) qualifies to file I-864W. At the same time, I believe the same instructions are also extremely poor.

Something I find interesting in the instructions is the first sentence under "How Is This Form Used?." It specifically reads we MUST use this form instead of I-864 if we qualify.

What an offensive thread. You obviously do not understand much about the people you are trying to attack.

your I-130 petition is filed to establish eligibility for the visa so you do not need the I-864 then.. After you get your outcome from USCIS and your file proceeds to the NVC then you will need to file the AOS where they need to establish that you can support the person you are bringing in.

But I still don't know if I qualify for CR-1 Visa

The I-864w is used when the immigrant has been credited with 40 quarters. Otherwise, you use the I-864. If you don't qualify per the I-864p, you'll need a joint sponsor. See the I-864 instructions.

You will need information from three prior tax returns or an explanation of why you were not required to file. You only need to submit one complete tax return. It will be the one for the year just ended, 2012.

The affidavit of support is not filed with the petition. It is filed after the petition is approved, when the file is at the National Visa Center.

I read the instructions for I-864 several times before I asked my question. I still don't understand if I qualify to file I-864W, I-864, or both. I do not have a joint sponsor.

What information from three prior tax returns will I need and where will I need it? The reason this is important to me is because I do not make the same amount every year. My 2012 tax return will possibly qualify me but 2011 and 2010 will not, according to I-864P.

I understand the Affidavit of Support is filed after the I-130 is approved. I don't understand why I should file I-130 if I will not have a qualifying Affidavit of Support. If I am looking at this wrong, please let me know.

Thanks, Wes

I am concerned about Affidavit of Support. I am not sure which form to file and I want to make sure I should qualify before I file I-130.

On form I-864W in Part 2. Reason for exemption:

I have been credited with 40 quarters. They were acquired while I was married to spouse and we were in the U.S. The form states "Do not count any quarters during which you received a means-tested public benefit." Can I count quarters where our children received Medicaid and Chip?

On form I-864: Is the Adjusted Gross Income irrelevant? Looking at one of my tax returns, I find it confusing. Would I use my Adjusted Gross Income or my income as stated in Part 1 of Schedule C?

Will I ever need three years of Income Tax returns? Or will I always be okay with the most recent?

Thanks

Agreed. Sounds like the best route. That is what my wife and I are going through now. It's a lot less stressful now that the Provisional Waiver exists.

Thanks. I appreciate all of the responses I have received. This seems to be a great forum.

I understand enough that I will go ahead and file I-130 now (some phrasing I was reading about the I-601A was confusing me). I appreciate the responses and the information. Thanks, Wes

I would say so, yes. Did you have an alternative plan in mind for comparison?

Not really an alternative plan, I just don't like giving up 10 years continuous physical presence in US.

Also, I don't understand the I-601A process. If I file I-130 now, when do I file I-601A? On March 4th or after I have an approved I-130?

Thanks, Wes

I appreciate both responses. But...How do I know this is the best plan for us and do I go ahead and file the I-130 now?

Thanks, Wes

I am USC. My wife EWI. We have been married 10 years and have four kids (one with special needs). Kids are USC. No Alien Registration Number. I am trying to figure out the best way for her to become a PR.

I think the only option for me is the Consular Process with the I-601A. I am also wondering what the differences might be between I-601A and I-601, other than getting the waiver before leaving the US. I think I should file I-130 now, but I need to understand the whole process better and I want to make sure I understand all of our options. Do I file I-130 now and file I-601A after I-130 is approved?

Thanks for reading. This a great forum.