Affidavit of Support Exemption

[Sofiyya 1,687]

Anyone? If so, how?

[Sofiyya 1,687]

I guess not!

[aussiewench 9]

szsz

I know of the exemption but I have not read of anyone using it. Mainly I'd say because most of the cases we see here on VJ don't fall into the category of being exempt.

[AUSC 0]

Anyone? If so, how?

I just filed I-864W for my daughter. Since she will be USC once she is admitted as LPR, I had to file exemption. Even though I had filed regular I-864, they wanted a waiver and did not want my AOS -- as strange as it may sound!

This may not be what you are be looking for. Just thought I would share it.

[aussiewench 9]

Anyone? If so, how?

I just filed I-864W for my daughter. Since she will be USC once she is admitted as LPR, I had to file exemption. Even though I had filed regular I-864, they wanted a waiver and did not want my AOS -- as strange as it may sound!

This may not be what you are be looking for. Just thought I would share it.

AUSC

You are a naturlized citizen? And your daughter is your biological daughter, yes?

Edited December 4, 2006 by aussiewench

[AUSC 0]

Anyone? If so, how?

I just filed I-864W for my daughter. Since she will be USC once she is admitted as LPR, I had to file exemption. Even though I had filed regular I-864, they wanted a waiver and did not want my AOS -- as strange as it may sound!

This may not be what you are be looking for. Just thought I would share it.

AUSC

You are a naturlized citizen? And your daughter is your biological daughter, yes?

Yes aussiewench, you are exactly right -- as always, I might add. I was surprised to get an RFE asking for a waiver when I had sent an I-864. You would think that the law gives you an option to file a waiver if needed in case I am unable meet financial requirements, but I am surprised to see that filing a waiver is mandatory and that my AOS is not acceptable??!!!

[aussiewench 9]

Anyone? If so, how?

I just filed I-864W for my daughter. Since she will be USC once she is admitted as LPR, I had to file exemption. Even though I had filed regular I-864, they wanted a waiver and did not want my AOS -- as strange as it may sound!

This may not be what you are be looking for. Just thought I would share it.

AUSC

You are a naturlized citizen? And your daughter is your biological daughter, yes?

Yes aussiewench, you are exactly right -- as always, I might add. I was surprised to get an RFE asking for a waiver when I had sent an I-864. You would think that the law gives you an option to file a waiver if needed in case I am unable meet financial requirements, but I am surprised to see that filing a waiver is mandatory and that my AOS is not acceptable??!!!

It's not accepted because your daughter will gain citizenship on entry because of your citizenship. If you look at the instruction for the I-1864 itself it states...

How Long Does My Obligation as a Sponsor Continue?

Your obligation to support the immigrant(s) you are sponsoring in this affidavit of support will continue until the sponsored immigrant becomes a U.S. citizen

There is no lawful requirement of financial sponsorship of a US Citizen, only an LPR.

Edited December 5, 2006 by aussiewench

[Sofiyya 1,687]

Thanks for your responses! I found this explanation about exemptions to filing the I-184:

Q. Does the final rule provide exemptions for the requirement to file an Affidavit of Support (Form I-864)?

A. Yes. The final rule eliminates the affidavit of support requirement in cases where the sponsored immigrant establishes on the basis of Social Security Administration records that he or she has already worked, or can be credited with having worked, 40 quarters of covered employment.

The final rule also eliminates the requirement of a Form I-864 in the case of the child of a U.S. citizen that, if admitted for permanent residence on or after February 27, 2001, would automatically acquire citizenship immediately upon entry under section 320 of the Immigration and Nationality Act (the Act), as amended by the Child Citizenship Act of 2000. In addition, there is no need for an affidavit of support for certain children who accompany their immigrant parent(s) to the United States, but are born after issuance of the immigrant visa to the parent(s) (that is, children who immigrate under section 211(a) of the Act).

http://georgetown.usembassy.gov/guyana/ac_07132006.html

I'm wondering if someone has used that exemption in red yet. I'm 53 and have worked more than 40 quarters. Heck, I'd like to know if they really accept this as a waiver, or just say they do.

Edited December 5, 2006 by szsz

[riblet 0]

But you are the sponsor, correct? And for the exemption in red, it is the sponsored immigrant that must have 40 quarters recorded with the SSA. Unless I'm misunderstanding.

[AUSC 0]

But you are the sponsor, correct? And for the exemption in red, it is the sponsored immigrant that must have 40 quarters recorded with the SSA. Unless I'm misunderstanding.

True. This applies to the beneficiary.

If the beneficiary has 40 credits then the petitioner does not have to file AOS for him/her.

[aussiewench 9]

But you are the sponsor, correct? And for the exemption in red, it is the sponsored immigrant that must have 40 quarters recorded with the SSA. Unless I'm misunderstanding.

True. This applies to the beneficiary.

If the beneficiary has 40 credits then the petitioner does not have to file AOS for him/her.

Correct. Which would be the case eg if the sponsored immigrant has been in the US on a work visa etc., prior to the marriage and applying to adjust status.

[Sofiyya 1,687]

Thanks, everyone! I misread it, and you are correct. Darn! Back to the paperwork drudge

[riblet 0]

szsz - everytime I see your little dancing figures it makes me laugh