Jump to content
EscapeFromTheLoop

Confused about I-864W eligibility

 Share

5 posts in this topic

Recommended Posts

The situation:

Me: USC, petitioner
Mother: Applicant, was homemaker so no work credits and no benefits used
Father: LPR, earned well over 40 credits while married to my mom; no credits were earned while under benefits

 

Has anyone had any success filing I-864W using SSA credits earned by their spouse?

 

From the instructions, it seems like the requirements are:
- credits must be earned while married
- credits must be earned while not receiving benefits

 

But I've read various threads in the forums indicating that people have had issues in the past despite seemingly being eligible, and it's hard to find info about this form in general. Like, can I still petition even though it's my father's credits that have to be used? And if so, is it okay that he was a LPR and not a USC at the time?

 

This thread is almost identical to our situation since its about using spouse credits earned while both were with green cards and their petitioner is also their child, and it seems like they had success but only after fighting the officers they spoke to, which I'd obviously like to avoid. The USCIS website just says that the evidence required includes "SSA forms" which isn't helpful (the SSA statement that can be downloaded doesn't even explicitly state credits), so should other evidence be provided instead? Because anything on the SSA website also doesn't prove marriage. Or am I completely misunderstanding everything?

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Morocco
Timeline

To prove you worked 40 quarters of earned income, the best way is to access your Social Security earnings record through your "my Social Security" account online, which will show your work history and the number of quarters you've earned credits for; you can also verify this information by reviewing your W-2s and tax returns from previous years to confirm your earnings history with the Social Security Administration (SSA) records.

Link to comment
Share on other sites

3 hours ago, JeanneAdil said:

To prove you worked 40 quarters of earned income, the best way is to access your Social Security earnings record through your "my Social Security" account online, which will show your work history and the number of quarters you've earned credits for; you can also verify this information by reviewing your W-2s and tax returns from previous years to confirm your earnings history with the Social Security Administration (SSA) records.

 

Yes, I'm aware of that, but that doesn't answer any of my questions.

 

My father's SSA account shows his 40 quarters, but the statement that can be downloaded doesn't explicitly indicate quarters (it only lists the years and the income for those years). The only way to get evidence that explicitly shows credits is by taking a screenshot of his profile main page that says that he has 40 quarters. The thread that I linked even mentioned that issue. I've read other threads that mentioned only submitting the statements and them not being accepted because nowhere on that paper says anything about credits.

 

And none of that proves marriage because I'm trying to use spousal credits. My mother's SSA page shows nothing because she hasn't worked. That's what I'm trying to figure out and understand what evidence needs to be submitted since it seems like they just default to sending RFEs even for eligible people. The USCIS website says that she can use my father's credits, but it's unclear how to prove this, and past threads have indicated that people have had issues even using their own credits (not a spouse's). Like, I'm I supposed to submit 10 years worth of jointly-filed tax returns? Or is this not possible, what I'm trying to do? One website I saw said that the spouse has to be a USC, but that doesn't seem to be true?

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Morocco
Timeline

The only way to get evidence that explicitly shows credits is by taking a screenshot of his profile main page that says that he has 40 quarters. 

 

Then screen shot it/ the info is there

Link to comment
Share on other sites

Would anyone please be able to confirm that my mother is able to file I-864W based on my situation and based on her being able to use my father's credits? I'm still seeing conflicting reports from people who had had difficulties submitting an 864W even when seemingly eligible. I feel like I'm misunderstanding something.

 

I found some posts from others saying that they submitted a screenshot of an SSA profile page, so I'll do that, but I'm still unsure if marriage proof needs to be submitted to claim credits from a spouse.

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...