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

[sky459 6]

is it possible that when someone files a form with a married name and the name on the ssa statement is not the same, that it could be the reason for an rfe ?

just wondering, hence my ssa statement has my ex married name on it, but i cant change it untill i get my ead or greencard.

[sky459 6]

Sorry I didnt repy sooner but I usually only post at night. I know you are going crazy on how to reply but take a breath. EM is here and Im here and even though they arent saying anything many people are watching and believe me if someone says something wrong as advice it will be pointed out!

So you really need to read the instructions for the form 864W again.

Lets go through each part to make sure its all correct and you dont reply wrong to the RFE.

Part 1 is info about you. You are the intending immigrant and this is your form.

Part 2 you would check of 1A

Part3- thats your statement and signature. You should only have box 1A checked here and 6a and b (sign and date)

-thats the completed 864W-

You now need to assemble the accompanying packet for the 864W. This includes:

1 the 864W form you filled out

2 Your SSA statement

3 Your spouses SSA statement

4 Letter from spouse stating no welfare and can use credits

5 Letter of explanation

6 (optional but other user added it) SSA-3288 form from spouse. (https://www.ssa.gov/forms/ssa-3288.pdf)

The letter from your spouse should briefly state something along the lines of: I so and so hereby swear that during the period of my marriage to wifes name beginning Jan 1, 2000 and the present day Aug 16 2016 that I did not use any means tested benefits. I also allow the use of my ssa earnings to be used for the purposes of the 864W form. (I am including ssa3288) blah blah. Signed and dated. You can add a copy of his DL or go the extra step and get it notarized but honestly both are overkill.

The letter of explanation from you is another story. That you definitely need. I am just... I dont know, I feel like Im missing something.

First of all you know those are made up totals right>? lol. Im just not sure why you are claiming 3Qs for 2012. Its not because of the marriage date is it? I looked and I cant find anything to support or contradict that... The best I can say is I think you get the whole years credits even if you were married the last day of the year. Technically you were married during that year.. But I dont know for sure.

I know your husband was self-employed and I know how that is with tax write offs so any amount of income (even a loss) wouldnt be surprising. For each year it would look more like

The Quarters earned by ______ Us Citizen Spouse since Marriage ( see below and on the SSA Statement )

2012 -Rate $ 1,130 per quarter Earnings $5,685 (1130x4=4520) total 4 quarters

2013 -Rate $ 1,160 per quarter Earnings $1005 (1160x1=1160) total 0 quarters

2014 -Rate $ 1,200 per quarter Earnings $6899 (1200x4=$4,800) total 4 quarters

= 8 Quarters

Personally I would go with 8Q because it adds up cleaner and I suppose if they feel you are claiming 8 and it should be 7 you would still have enough. I dont think they will make a thing of it but you never know. The other issue I would address is the fact that you are sending with out the current tax year on it. I would say you have an extension and submit proof of such (this has been debated on here as well if its valid and I am of the opinion that it is) But I would add that as item 7 on what to submit. Proof of the extension and in your letter or hubbys statement state about the taxes being extended however this should not impact as you have enough credits counting 2012-2014

do you know why in some areas my pc automatically types in red instead of black on form I-864w, that's the only form, none of the others did that.

i can type my name , town i live in and a couple of others in black but when i type in my street name, where i was born, country it all types in red, the last time it did that, so i just wrote it in by hand, so it was partially typed on the computer and partially hand written, its weird

[EM_Vandaveer 2,408]

Damara,

I told her not to use the first quarter/credit from 2012, as they got married in February 2012, I may be wrong about it.

I just feel like if she claims less than she's entitled to, but it is still enough (42), that's better than potentially claiming more than she's entitled to.

Now, filing taxes, yes, you can file married even if you got married 31 December, but with this, I THINK it's different. I could be wrong, for sure.

[sky459 6]

Damara,

I told her not to use the first quarter/credit from 2012, as they got married in February 2012, I may be wrong about it.

I just feel like if she claims less than she's entitled to, but it is still enough (42), that's better than potentially claiming more than she's entitled to.

Now, filing taxes, yes, you can file married even if you got married 31 December, but with this, I THINK it's different. I could be wrong, for sure.

i am not talking about filing taxes. i mean my name on my ss card and on my ssa statement is my ex name, and i cant change it until i get an ead or greencard

[EM_Vandaveer 2,408]

Send your divorced decree, write a simple statement about how both names belong to you.

[sky459 6]

Send your divorced decree, write a simple statement about how both names belong to you.

i am trying to fill in the form I-864w,

it wont let me type in all black, some areas are black and others are red, the one i send in the first time did that so the form was filled out partially hand written and partially pc typed

[EM_Vandaveer 2,408]

That's not a problem.

[sky459 6]

oh boy... here i go again...lol..

got more questions, i just want to be 100 % positive about this. ive been surfing everywhere, running around like a chicken with its head cut off. .. but since this is a rare case there is no info about it

So yall think i should still send Form I-864 with tax returns?

when i assemble the rfe, should i put the I-864 behind the I-864w and documents?

as far as damara said , should i put the i-864 with docs in an envelope ?

if I-864 send with it, all i need is tax returns ?

and i am trying to think ahead ( maybe late already ) , if i do find a sponsor just in case, what would i need from him or her ?

the rfe package i got so far is :

1. the explanation , when i get it done ( somehow i feel there is still something missing in it )

2. I-864w

3. Instruction for form I-864w page 1 highlighted

4. my ssa statement with quarters highlighted ( should i attach the divorce degree , what sould i write as far as having a different name on ssa statement and can i just write that in the explanation letter somehow )?

5. his ssa statement with earnings highlighted

6. statement from him for not receiving means-tested-public benefits during our marriage

7. marriage license

8. copy of my ssa card

9. Printed out cover of quarters from ssa showing the rate per year for each quarter

10. Copy of original Birth certificate

11. Translated Birth certificate , translated by me with certification by translator

12. digital I-94 arrival/Departure Record

13. copy of Passport ( biometrics page, stamp page, cover and back with security sticker )

i want to send the response off asap, but i need to be sure that i am not missing anything

[EM_Vandaveer 2,408]

Send something explaining/proving your name change.

[Harpa Timsah 13,258]

This thread should be in the main forum to get more exposure. Hardly anyone comes here and reads and your help seems good but it is only 2 people and your thread is going in circles. I'd report this and request it to be moved to the main forum for help. This is not a congrats post, but a post for help. Good luck.

[EM_Vandaveer 2,408]

I would not send I-864 especially without sending a joint sponsor's I-864 along with it. What's the point?

[EM_Vandaveer 2,408]

~ Moved from "Case Filing and Progress Reports" to main "AOS from Work, Student and Tourist Visas" forum ~

Thank you for the suggestion, Harpa Timsah

Edited August 17, 2016 by EM_Vandaveer

[sky459 6]

I would not send I-864 especially without sending a joint sponsor's I-864 along with it. What's the point?

maybe just to satisfy the rfie, hence it says petitioner must submit I-864

[EM_Vandaveer 2,408]

His income is not sufficient. It says that because they didn't accept the I-864w. It's boiler-plate RFE. Not for your personal situation. Your goal is to prove you are eligible for I-864w.

[Harpa Timsah 13,258]

You have to pick ONE stream and comply. You can't just throw everything at them willy nilly. A lot of this thread is very confused, and if you don't fully understand what you are trying to do then you will be denied.

I am concerned especially that you say you are sending the same things again. It seems like you have not figured out what the problem was the first time.