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

[EM_Vandaveer 2,408]

You said her SSA statement shows his earnings.

[sky459 6]

You said her SSA statement shows his earnings.

yes his ssa statement shows his earnings, i just thought since harpa brought up like pay stubs, w2s, we may need something else other then tax returns and ssa statements

[sky459 6]

hi everybody,

I send in I-130, I-485, I-864w , I-765, I-131 in June, went thru my Biometrics and then i got an RFIE , they want the I-864 instead the I-864w

i didnt send no explanation to why i am sending I-864w the first time, i only send in the form and ssa statements. so now i am trying to write an Explanation Letter for Form I-864w. can anybody please look over it , I would appreciate any help, advice, opinion . ( The Numbers , i made up )

so here it is :

To whom it may Concern,

Explanation for Resubmitting form I-864w

______/ Petitioner is eligible to be exempt from form I-864

________/ Petitioner has earned 35 Quarters from 1992-2000 by legally working in the USA( see SSA Statement, Highlighted with Quarters ) and since Feb. 2012/ Marriage , ________/ US Citizen Spouse has Earned 8 quarters by Self Employment ( see SSA Statement, Highlighted with Earnings and see below), therefore ________/ Petitioner can be credited with quarters worked by __________/ US Citizen Spouse during the marriage, under section 213(a)(3)(B) of the Immigration and Nationality Act (INA) As specified in the instructions for form I-864w (see below )

You must use Form I-864W instead of Form I-864 or Form I-864EZ with your application for an immigrant visa or

adjustment of status if any of the following apply:

You have earned or can receive credit for 40 quarters of coverage under the Social Security Act (SSA). If you

have 40 quarters of SSA coverage, you are exempt from the requirement to file Form I-864 or Form I-864EZ.

You can acquire 40 qualifying quarters in the following ways:

A. Working in the United States for 40 quarters in which you received the minimum income established by the Social

Security Administration;

B. By being credited under section 213(a)(3)(B) of the Immigration and Nationality Act (INA) with quarters worked

by your spouse during the marriage or a parent during the time you were under 18 years of age; or

C. A combination of the above.

If you are claiming credit for quarters worked by a spouse or parent, you may not count any quarter in which your

spouse or parent was receiving means-tested public benefits. Include all SSA forms necessary to establish that you

have or can receive credit for 40 quarters of coverage.

The Rate per Year per Quarter based on Social Security Administration, and earnings by / US Citizen Spouse since Marriage ( see SSA Statement ) :

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

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

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

2015 /Rate - $ 1,220 per quarter x 4 = $4,880 total earnings on us citizen spouse SSA statement = not yet Recorded

This Concludes the Petitioners own earned 35 Quarters combined with the 8 quarters earned by the US Citizen Spouse = 43 Quarters

Attached I have a written statement from /US Citizen Spouse

I _ CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES

THAT I DID NOT RECEIVE ANY FEDERAL MEANS-TESTED BENEFIT,

SUCH AS TEMPORARY ASSISTANCE FOR NEEDY FAMILIES, FOOD STAMPS, MEDICAID, SOCIAL SECURITY INSURANCE,

OR STATE CHILD INSURANCE, DURING ANY OF THE QUARTERS THAT THE PETITIONER IS USING TO QUALIFY, THAT WERE EARNED

Date: ______________ Signature_______________

Edited August 24, 2016 by sky459

[sensuelle1985 10]

You have to send I-864. The I-864w is if you want to add another household member income to your primary I-864. If your spouse do not have enough income, you will need a sponsor.

[sky459 6]

You have to send I-864. The I-864w is if you want to add another household member income to your primary I-864. If your spouse do not have enough income, you will need a sponsor.

hi sensuelle,

sorry to say this but you are not correct.

You must use Form I-864W instead of Form I-864 or Form I-864EZ with your application for an immigrant visa or

adjustment of status if any of the following apply:

1. You have earned or can receive credit for 40 quarters of coverage under the Social Security Act (SSA). If you

have 40 quarters of SSA coverage, you are exempt from the requirement to file Form I-864 or Form I-864EZ.

You can acquire 40 qualifying quarters in the following ways:

A. Working in the United States for 40 quarters in which you received the minimum income established by the Social

Security Administration;

B. By being credited under section 213(a)(3)(B) of the Immigration and Nationality Act (INA) with quarters worked

by your spouse during the marriage or a parent during the time you were under 18 years of age; or

C. A combination of the above.

[Ontarkie 14,320]

~~Threads merged as it's an ongoing topic. Please keep related questions to one thread it helps members give the best answers.~~

[sensuelle1985 10]

hi sensuelle,

sorry to say this but you are not correct.

You must use Form I-864W instead of Form I-864 or Form I-864EZ with your application for an immigrant visa or

adjustment of status if any of the following apply:

1. You have earned or can receive credit for 40 quarters of coverage under the Social Security Act (SSA). If you

have 40 quarters of SSA coverage, you are exempt from the requirement to file Form I-864 or Form I-864EZ.

You can acquire 40 qualifying quarters in the following ways:

A. Working in the United States for 40 quarters in which you received the minimum income established by the Social

Security Administration;

B. By being credited under section 213(a)(3)(B) of the Immigration and Nationality Act (INA) with quarters worked

by your spouse during the marriage or a parent during the time you were under 18 years of age; or

C. A combination of the above.

Sky459,

Thank you for that information. I thought that your sponsor or co sponsor income are the one that matter, and the petitioner income is optional. I also thought that the I-864w is for self petitioner

[sky459 6]

Sky459,

Thank you for that information. I thought that your sponsor or co sponsor income are the one that matter, and the petitioner income is optional. I also thought that the I-864w is for self petitioner

hey sensuelle,

this is about the I-864w and yes it is for a self petitioner granted he/she has or can receive credits by the spouse.

that's why i wrote the explanation letter, to proof that i have and can be credited the quarters that are required to be eligible . i am just not sure if i need to leave it like that or change it . I don't know how to write letters like that to uscis especially for an RFIE. its a very rare case , and there is hardly anything about the i-864w on the net as far as submitting evidence.

there need to be some samples, instructions , what evidence is needed on VJ for this form ( even tho its rare, it does help people in cases like that and it is part of adjusting status )

[Villanelle 4,122]

The letter you prepared is fine. Just enter the correct amounts. You need to include with it:

1 the 864W form you filled out

2 Your SSA statement

3 Your spouses SSA statement

You have the letter part about no welfare from the spouse and the letter of explanation from you. Thats all you need for a complete form 864W.

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You should also mention somewhere in the letter your previous name used as it is on the SSA statement.

attach all that together with the RFE along with the other items requested.

[sky459 6]

The letter you prepared is fine. Just enter the correct amounts. You need to include with it:

1 the 864W form you filled out

2 Your SSA statement

3 Your spouses SSA statement

You have the letter part about no welfare from the spouse and the letter of explanation from you. Thats all you need for a complete form 864W.

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

You should also mention somewhere in the letter your previous name used as it is on the SSA statement.

attach all that together with the RFE along with the other items requested.

thank you damara,

and i should add the statement from my husband allowing me to use his credits, right ? and i shouldn't have to send anything else (like Tax transcripts ) other then ssa statements ?

[Villanelle 4,122]

yes you need his written statement. The instructions dont require tax transcripts.

[sky459 6]

yes you need his written statement. The instructions dont require tax transcripts.

ok , just curious as to others have said , to proof the income otherwise, like transcripts or anything else

[Villanelle 4,122]

The SSA statement lists the income. The letter of explanation shows how many credits were earned each year based on the current rate which you researched and the income shown on the statement. Thats all the proof you need for that.

[sky459 6]

i need to send this off, right this time... i cant effort another rfe or being denied. as far as i know i wont be able to reapply or appeal, hence the overstay from a vwp.