Not qualified for I-864W

[Toronto2017 6]

I was petitioned by my wife who is a US citizen. I-130 was approved and we are at NVC.  I worked in the US for about 13 years under H-1B and a previous greencard.  For this reason, I have more than 40 eligible quarters under the Social Security Act.  I think I'm qualified to fill in I-864W myself instead of having my wife fill in I-864.  I submitted I-864W and a statement from Social Security Administration to CEAC that clearly shows that I am eligible to receive Social Security benefits. For some reason, they came back and said that I'm not qualified for I-864W and that my wife will have to fill in I-864.

 

I called NVC twice today trying to explain my situation.  Those folks at NVC don't have a clue.  Does anyone have any suggestion on how to deal with this?  It's just so frustrating that the people working at NVC do not understand their on AOS rules.

Edited December 5, 2017 by Toronto2017

[abhivar 2]

Toronto2017,

 

I was successful in getting NVC to accept my I-864W after a great deal of effort.

 

As solicited by you, I have sent you a PM with a detailed email message on how I went about achieving that end.

 

In addition, here are some snapshot attachments that I shared with NVC as well, which may also benefit other(s) in the forum.

 

Good Luck!

I864W_NVC_Attachments.pdf

[NikLR 13,227]

To be honest I would suggest submitting the I-864ez (if possible) and then handing over the I-864w at interview?  Just a thought.  Or keep pressing them with evidence that you qualify.  

[Toronto2017 6]

I called NVC again this morning and asked to speak to a supervisor. After going through my forms and SSA statement, he surprisingly admitted that the other department made a mistake and told me to resubmit my Form I-864W.  He also mentioned that cases like mine are not something that they encounter everyday.  Some of the agents were not trained on it.  I guess I'll wait and keep my fingers crossed to see what NVC will throw at me next.

[woodpecker1 0]

Hi, 

 

I am facing the same issue. I worked in the US for 11 years on H1b and am qualified to use the 40 quarters under Social security act - hence exempt from affidavit of support. NVC keeps rejecting my I864W saying your case is not qualified to use I864W. Can someone please shed light on how they ever got NVC to accept their I864W?

 

Thanks

[sandakan2017 1]

Hi woodpecker,

 

Please do yourself a favor and call NVC again.  Ask to speak to a supervisor and explain your situation.  I went through the same thing.  My I-864W was rejected.  I called NVC twice and I was told the same thing that I will have to fill in I-864.  I decided to try the third time and I asked to speak with a supervisor.  Fortunately, he understood my situation and my case was routed for an interview appointment the next day.  I think former H-1B visa holders who filled out I-864W are not that common.  Many first level analysts at NVC have never handled cases like ours.  Good luck!