I-864 or I-864w?

[SwatiS 1]

Hello,

I have the following situation -
- I worked in the US, got married, and got my green card thru' IR-1.
- After I had worked for over 10 years in the US, we moved back to India.
- My green card has now lapsed and my husband has filed I-130 for me again.
- I have an old annual SSA statement (from 2015) which documents that I have over 40 qualifying quarters of SSA coverage.
- My husband also worked for over 10 years and accumulated over 40 quarters of coverage while we were married and living in the US.

My question is:
- Can I file I-864W instead of my husband filing I-864?
- If yes, can I submit the old SSA statement as documentary evidence for the same?

Since the I-864 mandates that my husband is obligated until I receive 40 quarters of coverage, it seems to me that filing the I-864 would be invalid in our case.

 

Thanks for any help!

Edited July 23, 2021 by SwatiS

[Dashinka 24,509]

Not too familiar with the I864W, but reading through the instructions, it appears you would file that form with your supporting evidence.

 

Good Luck!

[arken 4,197]

I'd suggest you file i407 asap. When the officer actually processes his i130, they may deny it or send out RFE saying you are already an LPR. I don't think they can approve the i130 without first confirming you are no longer an LPR.

Edited July 23, 2021 by arken

[Chancy 6,241]

2 hours ago, SwatiS said:

- Can I file I-864W instead of my husband filing I-864?
- If yes, can I submit the old SSA statement as documentary evidence for the same?

 

Yes and yes.

 

[nastra30 2,287]

2 hours ago, SwatiS said:

- My green card has now lapsed and my husband has filed I-130 for me again.

How did you determine your greencard 'status' has lapsed? And you are sure you are no longer a LPR?

Edited July 23, 2021 by nastra30

[SwatiS 1]

1 hour ago, arken said:

I'd suggest you file i407 asap. When the officer actually processes his i130, they may deny it or send out RFE saying you are already an LPR. I don't think they can approve the i130 without first confirming you are no longer an LPR.

Thanks for your response.

 

My application for SB-1 visa (Returning Resident Visa) was denied. I was advised by the Officer that the next step was for my husband to petition for me all over again.

[SwatiS 1]

12 minutes ago, nastra30 said:

How did you determine your greencard 'status' has lapsed? And you are sure you are no longer a LPR?

My application for SB-1 visa was denied. The Officer told me that I should have applied for a re-entry permit before leaving the US, or should have returned to the US earlier. 

40 minutes ago, Chancy said:

 

Yes and yes.

 

Thank you!

[pushbrk 12,898]

6 hours ago, Chancy said:

 

Yes and yes.

 

I agree, but you can also download current SS statements from socialsecurity.gov

[SwatiS 1]

13 hours ago, pushbrk said:

I agree, but you can also download current SS statements from socialsecurity.gov

Thanks for your response. I did try to create an account on ssa.gov but it won't let me without a US phone number and US address. I'll try to contact their foreign service location and check if they can provide a current statement.

[pushbrk 12,898]

8 hours ago, SwatiS said:

Thanks for your response. I did try to create an account on ssa.gov but it won't let me without a US phone number and US address. I'll try to contact their foreign service location and check if they can provide a current statement.

Or use a relative or friend's address and phone number.