I-864W

[Delicia 1]

I recently received a 'yelllow slip' on the I-864EZ that I filed with my husband's Adjustment of Status/EAD package. My situation was this:

I am the sponsor for my husband. I lived with my spouse in Canada for 2 years and returned to the U.S. in October 2007 after accepting a job here. We originally filed an I-130 for an IR-1 visa and were going through the consular processing. He was visiting me in the U.S. when the I-130 was approved so we decided to forego the consular processing and switch to the Adjustment of Status path. I submitted an I-864EZ with the AOS package based upon my current 2008 income which is more than 3x the required minimum. The I-864EZ was rejected because my income did not meet the minimum per my 2007 tax return (I had begun working again in October 2007 so the tax return only reflected 2 months of income). I had submitted supporting evidence of my income like several paystubs and a letter from my employer indiciting my job was full-time, permanent and verifying my current annual salary, but still USCIS rejected it and a phone call to USCIS, I was informed that they only look at the tax returns/transcripts in making their determination.

I contacted an immigration attorney (friend of my boss actually) who provided me with some free information. If the USC has at least 40 quarter credits with SSA (roughly 10 years of work history), they can file a I-864W along with their SSA statement of contributions, to satisify the income requirements and skip the whole co- or joint sponsorship deal.

Just thought I would pass along this info as I had never read anything about this before on this forum.

[YuAndDan 153]

I have the feeling you will be in for another rejection.

How Is This Form Used?

You must use this form instead of Form I-864 with your application for an immigrant visa or adjustment of status if any of the following apply:

(1) You have earned (or can be credited with) 40 quarters of coverage under the Social Security Act (SSA). If you

have 40 quarters or SSA coverage, you are exempt from the requirement to file Form I-864. You can acquire 40 qualifying quarters in the following ways:

• Working in the United States for 40 quarters in which you received the minimum income established by the Social Security Administration; or

• By being credited under section 213(a)(3)(B ) of the Immigration and Nationality Act with quarters worked by your spouse during the marriage or a parent during the time you were under 18 years of age; or

• A combination of the above.

"You" above is the intending immigrant, not USC. Now according to the rest of the quote, it is possible that if the USC were to work and be credited with 40 quarters while married to the intending immigrant 10 years of marriage, or perhaps the intending immigrant worked in the USA and can combine their work with that of the USC then possibly it can be as short as 5 years if both USC and NON-Resident alien were married for the 5 years. (Example US citizen marries Canadian Citizen that is living in the USA on a TN visa, and they live together for 5 years each working 20 quarters, before filing to adjust status, then in that case they combine their quarters to add up to the required 40 and then file to waive the I-864)

[thetreble 19]

I have the feeling you will be in for another rejection.

[Steph0814 1]

YuandDan;

quick question though?

The name is " Intending Immigrant's Affidavit of Support Exemption" and when I look at the form is does in fact look like this is for the Intending Immigrant to fill out.

What do you think?

Thanks

I have the feeling you will be in for another rejection.

How Is This Form Used?

You must use this form instead of Form I-864 with your application for an immigrant visa or adjustment of status if any of the following apply:

(1) You have earned (or can be credited with) 40 quarters of coverage under the Social Security Act (SSA). If you

have 40 quarters or SSA coverage, you are exempt from the requirement to file Form I-864. You can acquire 40 qualifying quarters in the following ways:

• Working in the United States for 40 quarters in which you received the minimum income established by the Social Security Administration; or

• By being credited under section 213(a)(3)(B ) of the Immigration and Nationality Act with quarters worked by your spouse during the marriage or a parent during the time you were under 18 years of age; or

• A combination of the above.

"You" above is the intending immigrant, not USC. Now according to the rest of the quote, it is possible that if the USC were to work and be credited with 40 quarters while married to the intending immigrant 10 years of marriage, or perhaps the intending immigrant worked in the USA and can combine their work with that of the USC then possibly it can be as short as 5 years if both USC and NON-Resident alien were married for the 5 years. (Example US citizen marries Canadian Citizen that is living in the USA on a TN visa, and they live together for 5 years each working 20 quarters, before filing to adjust status, then in that case they combine their quarters to add up to the required 40 and then file to waive the I-864)

[YuAndDan 153]

YuandDan;

quick question though?

The name is " Intending Immigrant's Affidavit of Support Exemption" and when I look at the form is does in fact look like this is for the Intending Immigrant to fill out.

What do you think?

Thanks

Yes form I-864W is filled out by the intending immigrant, not US Citizen, if the intending immigrant can prove that they have worked in the USA long enough to be exempt from the support requirement they then dont need to file an I-864.

The intending immigrant either needs to have worked 40 quarters (10 years) or if married to the US citizen for more than 5 years and the US citizen worked the 5 years then they can add their quarters together 20 from intending immigrant, and 20 from US citizen spouse.)