I-864W no longer available

[Robyn-n-Kris 72]

Hi everyone. So, I was trying to start looking at the next step in our journey (once the embassy opens back up to process DCF filings) and wanted to locate the I864-W. Hubby worked in the US for over 10 years and has accrued the 40 credit quarters. Low and behold they are no longer doing that form. This was on the site when I went to search for it: NOTE: Form I-485 is now used to collect information previously collected on Form I-864W, Request for Exemption for Intending Immigrant’s Affidavit of Support. Adjustment applicants no longer need to file Form I-864W. 

 

I was looking at that form and I am not completely confused as to what we have to do and when. Based on the instructions on that form, it does mention still being exempt, but it also mentions having to fill out the I-944. But when I look at both of those forms they mention filing from the US. I've been reading for nearly 2 hours and my head hurts. Has anyone else looked at this?

[Wuozopo 4,293]

The instructions indicate you don’t need to file I-864, but instead would need to prove your claim of 40 quarters with Social Security.

 

The following types of intending immigrants do not need to file Form I-864:

1. Any intending immigrant who has earned or can receive credit for 40 qualifying quarters (credits) of work in the United States. In addition to their own work, intending immigrants may be able to secure credit for work performed by a spouse during marriage and by their parents while the immigrants were under 18 years of age. The Social Security Administration (SSA) can provide information on how to count quarters of work earned or credited and how to provide evidence of such. See the SSA website at https://www.ssa.gov/myaccount/ for more information.

 

The final rule published on the I-944 indicates it is a DHS (USCIS) thing for non immigrants adjusting status. You are currently not with DHS, but the Department of State, not a nonimmigrant in the US, nor will apply for adjustment of status. 

 

 

[Robyn-n-Kris 72]

2 hours ago, Wuozopo said:

The instructions indicate you don’t need to file I-864, but instead would need to prove your claim of 40 quarters with Social Security.

 

The following types of intending immigrants do not need to file Form I-864:

1. Any intending immigrant who has earned or can receive credit for 40 qualifying quarters (credits) of work in the United States. In addition to their own work, intending immigrants may be able to secure credit for work performed by a spouse during marriage and by their parents while the immigrants were under 18 years of age. The Social Security Administration (SSA) can provide information on how to count quarters of work earned or credited and how to provide evidence of such. See the SSA website at https://www.ssa.gov/myaccount/ for more information.

 

The final rule published on the I-944 indicates it is a DHS (USCIS) thing for non immigrants adjusting status. You are currently not with DHS, but the Department of State, not a nonimmigrant in the US, nor will apply for adjustment of status. 

 

 

I get that we need to prove the 40 quarters. We are requesting both of our social security statements now. But we are required to file the I-485 in place of the I-864W. But the filing instructions are what are confusing. Since it states that it must be filed in the US. But DCF is all about not having to file any documents in the US. This is where in the instructions that it also confuses me. 

 

General Exemption from Filing Form I-864
If you are an applicant listed below in the Who Must Submit Form I-944 and Form I-864 section and would
normally be required to file Form I-864, you may be exempt from filing Form I-864 (but not Form I-944) if:
A. You have earned or can receive credit for 40 quarters (credits) of work in the United States (as defined by the
Social Security Act (SSA)), regardless of the immigrant category. (Attach your SSA earning statements. Do not
count any quarters during which you received a means-tested public benefit.); or

 

So it is basically saying both forms have to be submitted, but again, this is for adjusting status. My understanding is that since we are filing for the IR-1 this wasn't needed. (hence why I'm so confused). I have emailed the London embassy to see if they can shed any insight on what is actually needed for them after the I-130 is approved. 

[Wuozopo 4,293]

What I was saying, or my opinion is

-do not do I-864 (exempted)

-do not do I-944 (you’re not doing I-864 or adjusting status)

-show up with SSA documentation instead of I-864.

 

Opinion not based on anything but reading instructions and Federal Register.. I do not know anybody who has interviewed in London for DCF since 2/24 finalization of I-994. I don’t know anybody who has ever gone to a family based interview with 40 quarters of SS.

 

[Robyn-n-Kris 72]

I hope you are right. I've emailed the London office to get it directly from the 'horses mouth'. We've also are sending out our requests to social security to get our statements. His should be enough, but figured it can't hurt to have mine. 

[milimelo 4,477]

They don't do paper statements from SSA any longer (it's been at least 5+ years). You need to sign up on the ssa.gov website for an account and you can pull it yourself. 

[Robyn-n-Kris 72]

19 minutes ago, milimelo said:

They don't do paper statements from SSA any longer (it's been at least 5+ years). You need to sign up on the ssa.gov website for an account and you can pull it yourself. 

Actually you can request a paper statement. You have to send in a form. We are sending ours out today so we have them on file. But I still haven't been able to get any answers on how the removal of that form will affect us.

[Wuozopo 4,293]

4 hours ago, Robyn-n-Kris said:

I hope you are right. I've emailed the London office to get it directly from the 'horses mouth'. We've also are sending out our requests to social security to get our statements. His should be enough, but figured it can't hurt to have mine. 

What “office” did you contact? Did you use the London IV unit contact form? 

 

You really ought to try the online access at SSA. Things done on paper by mail these days are often slowed down by people working remotely and nobody opening the paper  mail coming into the office. 

Edited April 24, 2020 by Wuozopo

[Robyn-n-Kris 72]

1 hour ago, Wuozopo said:

What “office” did you contact? Did you use the London IV unit contact form? 

 

You really ought to try the online access at SSA. Things done on paper by mail these days are often slowed down by people working remotely and nobody opening the paper  mail coming into the office. 

I've spoken to the USCIS London office who then referred me to the Visa processing unit of the embassy and I've filled out their form. 

 

I know you can get it online, however, my online account is tied to a no longer accessable phone number in the US. To change it, they have to mail me a form. So might as well mail the form to get the statements. We tried to set up my husband's account the last couple days and it keeps not recognizing his information. So again, we are just going to mail in the form. We have the time for them to process it at this point as we don't plan to move until first part of next year. But sadly, the online service is not much help for either of us right now.

[Wuozopo 4,293]

48 minutes ago, Robyn-n-Kris said:

We tried to set up my husband's account the last couple days and it keeps not recognizing his information.

Technology is great until it isn’t 😡☹️
Good luck.