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

[sky459 6]

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.

i got ya

[sky459 6]

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.

the only thing i am sending again is the i-864w and both of our ssa statements. i didnt have no explanation with it the first time. also the birth certificate they are asking for translated and also the i-94 is requested ( see Damaras post. i believe on page 4, she posted my rfie pics for me )

Edited August 18, 2016 by sky459

[sky459 6]

hi yall,

my husband whom is disabled is filling out i-864, when it comes to income and employment what should he check, ? ( we have tax returns for the last 3 years and he didnt get on disabilty untill this year 2016 )

[EM_Vandaveer 2,417]

hi yall,

my husband whom is disabled is filling out i-864, when it comes to income and employment what should he check, ? ( we have tax returns for the last 3 years and he didnt get on disabilty untill this year 2016 )

Why are you doing this? Did you give up on the I-864w?

Unemployed & however much his disability is.

But if you are going that route, you need a joint sponsor.

[sky459 6]

Why are you doing this? Did you give up on the I-864w?

Unemployed & however much his disability is.

But if you are going that route, you need a joint sponsor.

i am not sure, maybe because i think resubmitting the I-864w will more and likely get me denied because i didnt send the request that they are asking for.

[sky459 6]

we even went to social security office yesterday and they cant give us a letter stating that i can be credit on my husbands behalf.

they printed me out a paper which has my 35 quarters and for my husband they printed out that he has 40 quarters and another one which has only his earnings on it and highlighted the years and earnings since we ve been married. they said the the earned quarters are within the social security administration (ACT ) but its up to uscis to decide if one is eligible to receive credits on the us spouse that's in the us immigration and naturalization (ACT )

Edited August 23, 2016 by sky459

[EM_Vandaveer 2,417]

i am not sure, maybe because i think resubmitting the I-864w will more and likely get me denied because i didnt send the request that they are asking for.

It's your RFE and your decisision, but it was boilerplate RFE, NOT applicable for your personal situation.

USCIS itself says on the I-864w instructions that you CAN be credited with your husband's credits earned during your marriage.

Plus, sending your husband's I-864 without a joint sponsor's I-864 won't work anyway.

Edited August 23, 2016 by EM_Vandaveer

[Harpa Timsah 13,258]

Sky: Get a lawyer to help you with your case. You guys are confused. I mean that in the nicest way possible. Good luck.

[sky459 6]

It's your RFE and your decisision, but it was boilerplate RFE, NOT applicable for your personal situation.

USCIS itself says on the I-864w instructions that you CAN be credited with your husband's credits earned during your marriage.

Plus, sending your husband's I-864 without a joint sponsor's I-864 won't work anyway.

can you explain boilerplate rfe please

also i know i can be credited on my husbands behalf, i ve read it a thousand times. its the prove that kind of worries me

[EM_Vandaveer 2,417]

Sky: Get a lawyer to help you with your case. You guys are confused. I mean that in the nicest way possible. Good luck.

I rarely advise people to get a lawyer, but I agree with Harpa Timsah.

[EM_Vandaveer 2,417]

can you explain boilerplate rfe please

also i know i can be credited on my husbands behalf, i ve read it a thousand times. its the prove that kind of worries me

Boilerplate RFE means that the I-864w packet you sent the first time wasn't put together right (no explanation or anything) so they automatically request an I-864. But it does NOT mean that's the only thing they'll accept. A properly put-together I-864w packet is fine, too.

For example, they do the same thing to people who send I-864, filled out right, but not enough evidence of their current income. They tell them to submit a joint sponsor's I-864. Instead, they send back their own I-864 with enough proof and they are approved.

[sky459 6]

Boilerplate RFE means that the I-864w packet you sent the first time wasn't put together right (no explanation or anything) so they automatically request an I-864. But it does NOT mean that's the only thing they'll accept. A properly put-together I-864w packet is fine, too.

For example, they do the same thing to people who send I-864, filled out right, but not enough evidence of their current income. They tell them to submit a joint sponsor's I-864. Instead, they send back their own I-864 with enough proof and they are approved.

ok i got ya... so now i just need to figure out everything i need to put in the package

[sky459 6]

Sky: Get a lawyer to help you with your case. You guys are confused. I mean that in the nicest way possible. Good luck.

we cant effort a lawyer harpa

its confusing me too.

i dont know how much you've read or what my situation is but maybe you can help...lol

we send I-864w:

-i have 35 quarters ( intending Immigrant

-my husband has over 40 quarters and since we've been married he accumulated 8 quarters by his earnings (Us Citizen )

-we only send the i-864w along with both of our ssa statements( my statement shows 35 quarters, my husbands just says that he has earned enough quarters to be eligible for benefits )

we got an RFIE for I-485 and they rejected the I-864w and want the I-864 instead ( I think damara posted my RFIE on page 5 i think )

my question was ,

1. can i resubmit I-864w with explanation or do i need to send in the I-864?

2. if i resubmit I-864w, what evidence do i need other than the ssa statements ?

3. how do i prove that the earnings on my husbands statement, since weve been married are countable ?

i would apprecite your input on this please

[Harpa Timsah 13,258]

You can, and should resubmit the I-864w with the correct paperwork. I said before that you should pick one stream and stick to it, either the I-864w or the I-864 with a co-sponsor.

It seemed like you figured out what was missing in your original I-864 submission (you did not submit proof that your husband earned any quarters while you were married) but now you seem to be changing your plan and adding in other forms.

You need to submit evidence that shows you are eligible for the I-864w. You can show your quarters, and you need to show that your husband earned quarters after you were married. I would also cite the relevant law or instructions and explain through every thing you are doing and what evidence you are showing. I would write this up clearly in a cover letter (the one you pasted here before was very confusing).

OR you can go with the I-864 and co-sponsor stream. But you can't do both. The letter you git was a generic letter that says basically "what you submitted was not good enough, do it right." Then it explains all the things you could do, but not all the things you MUST do.

[sky459 6]

You can, and should resubmit the I-864w with the correct paperwork. I said before that you should pick one stream and stick to it, either the I-864w or the I-864 with a co-sponsor.

It seemed like you figured out what was missing in your original I-864 submission (you did not submit proof that your husband earned any quarters while you were married) but now you seem to be changing your plan and adding in other forms.

You need to submit evidence that shows you are eligible for the I-864w. You can show your quarters, and you need to show that your husband earned quarters after you were married. I would also cite the relevant law or instructions and explain through every thing you are doing and what evidence you are showing. I would write this up clearly in a cover letter (the one you pasted here before was very confusing).

OR you can go with the I-864 and co-sponsor stream. But you can't do both. The letter you git was a generic letter that says basically "what you submitted was not good enough, do it right." Then it explains all the things you could do, but not all the things you MUST do.

how do i proof that my husband earned any quarters during our marriage ?

the statement doesn't show quarters only earnings.