i-864w rare case question

[WesAndFlor 2]

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.

[pushbrk 12,892]

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.

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.

[Z & B 2]

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.

I think we are certainly qualified to file I-864w. For more then 10 years being married I payed big $money$ to the SSA. I think it is fair that a AOS be waived.

The problem is if the people who receive our cases at NVC and the consulate will be well trained in accepting I-864w, since it is somewhat rare. If not they will require a AOS that has no value because the day I sign it, it will not serve any purpose because we would of already fulfilled the 40 quarters.

[Z & B 2]

Your spouses printout will say how many credits she has, your printout is going to say how many credits you have.

You can fill out the 864w to let her use your credits only if you have enough credits and you never used any means tested benefits.

So that statement is something YOU need to sign.

The problem here which is common on VJ is that the petitioner (him) is posting asking how to do things for the beneficiary (her). So the answers and questions are like how do I do this? And its not how do I its how does She. Its her form.

Read the checklist again carefully:

You must verify that an Affidavit of Support Form I-864 is not required according to the I-864W instructions.She 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 40 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 instruction state:Include all SSA forms necessary to establish that you have or can be credited with 40 quarters of coverage. So She is going to include ALL forms necessary to show she can be credited. That includes both of your SS printouts. She is going to sign the 864W. Youre going to sign the letter saying you didnt take means tested benefits to have your earnings qualify.

Thanks capri

I think this makes things clearer.

[WesAndFlor 2]

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.

[Villanelle 4,122]

Correct me if I am wrong, I don't believe the source is the SSA.

Well yes and no. 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.

Thats it.

[pushbrk 12,892]

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.

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.

Well yes and no. 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.

Thats it.

Bingo!

[Z & B 2]

Ok,

Here is some more info.

First link is a sample SSA statement, you can get your personal statement online on the SSA site

http://www.google.com/url?sa=t&rct=j&q=example%20of%20ssa%20statement&source=web&cd=4&cad=rja&ved=0CEQQFjAD&url=http%3A%2F%2Fwww.tuckerludin.com%2Fwp-content%2Fthemes%2Ftuckerandludin%2Finc%2FSAMPLE-Social-Security-Statement-with-earnings-history.pdf&ei=KzEYUdwkh4r1BP7hgcgJ&usg=AFQjCNGfSvpiIP4j_dQyB-gGtWkbbcJliA&bvm=bv.42080656,d.eWU

How to decide quarters, look here

http://www.ssa.gov/oact/cola/QC.html

[pushbrk 12,892]

Ok,

Here is some more info.

First link is a sample SSA statement, you can get your personal statement online on the SSA site

http://www.google.co....42080656,d.eWU

How to decide quarters, look here

http://www.ssa.gov/oact/cola/QC.html

So, can you document the 40 quarters or not? If yes, you have what you need. If no, use the I-864.

[Villanelle 4,122]

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.

No one knows what you SS statement looks like. You can use the links above to verify your statement does indeed have 40 credits on it. If it does, Mrs can use it.

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.

[WesAndFlor 2]

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.

[Villanelle 4,122]

I dont know anything about the other thread. I was only commenting on what his statement might have meant in this context in this thread.

Because this is a public forum and anyone can post anything with out quoting a source or having any kind of knowledge or prerequisite for posting youre going to get all sorts of responses. You can use the 'contact us' link at the bottom of the page and suggest that VJ posts a comprehensive guide on how to fill out the 864W for intending immigrants who qualify to use it. Otherwise you just have to deal with the fact that you may get mixed advice on the forums.

I believe that this thread though does contain sufficient information to help you fill out the forms.

[pushbrk 12,892]

I dont know anything about the other thread. I was only commenting on what his statement might have meant in this context in this thread.

Because this is a public forum and anyone can post anything with out quoting a source or having any kind of knowledge or prerequisite for posting youre going to get all sorts of responses. You can use the 'contact us' link at the bottom of the page and suggest that VJ posts a comprehensive guide on how to fill out the 864W for intending immigrants who qualify to use it. Otherwise you just have to deal with the fact that you may get mixed advice on the forums.

I believe that this thread though does contain sufficient information to help you fill out the forms.

I don't know anything about any other thread either. To be clear, you've read what you need to read. You must document that your wife "can be credited with" the forty quarters. If you have documentation that she can, then you have what you need. All I've seen is you writing how long you've been married. I've seen nothing from you about how many quarters you've been credited with during the marriage. If you know, you know. Go for it. Are you looking for answers or for argument?

[moemac59 192]

Yes and no. Because Im a privacy nut (and probably an all around nut) my husbands profile has the timeline on it- so he contributes to the stats and I contribute to the drama.

(were a K1 AOS oct filer, most likely going to be an interview waived at this point)

Capri, you are not an immigration lawyer by chance? You always have such thorough and sound advice and are extremely knowledable and well versed about the different immigration processes. Sorry don't mean to be nosy just curious.

[Z & B 2]

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.