i-864w rare case question

[Z & B 2]

I searched a lot and found little information.

We have started the CR1/IR1 process.

We will have been married 14 years next month (Who has been married this long without getting a green card?)

I have worked for a US non-profit organization all this time and work mostly outside of the US.

My wife has gone with me to the US every time on non-immigrant visas.

Since I have worked more then 10 years while beginning married to by wife and have more then 40 quarters of social security we are exempt from filing I-864 because my wife can be credited with 40 quarters of my social security.

So here is the question who fills out I-864w, I think there are three options:

1. My wife's information is entered on the form and she signs it.

2. I enter my information on the form and I sign it.

3. My wife information is entered on the form and I sign it. (I think this is the most logical)

So what do think?

[pushbrk 12,882]

I searched a lot and found little information.

We have started the CR1/IR1 process.

We will have been married 14 years next month (Who has been married this long without getting a green card?)

I have worked for a US non-profit organization all this time and work mostly outside of the US.

My wife has gone with me to the US every time on non-immigrant visas.

Since I have worked more then 10 years while beginning married to by wife and have more then 40 quarters of social security we are exempt from filing I-864 because my wife can be credited with 40 quarters of my social security.

So here is the question who fills out I-864w, I think there are three options:

1. My wife's information is entered on the form and she signs it.

2. I enter my information on the form and I sign it.

3. My wife information is entered on the form and I sign it. (I think this is the most logical)

So what do think?

Best to actually study the form's instructions.

[Z & B 2]

Best to actually study the form's instructions.

Thank you for your suggestion, unfortunately the instructions are not clear at all. They even have a typo in them:

"if you need extra spact to answer any item:"

[Penguin_ie 5,993]

I don;t think you are correct. You must still file a I864; the 40 nquarters of work apply for things like social medicare later, but you still need to be her financial sponsor, and she will certainly not become a US citizen upon entry.

[pushbrk 12,882]

I don;t think you are correct. You must still file a I864; the 40 nquarters of work apply for things like social medicare later, but you still need to be her financial sponsor, and she will certainly not become a US citizen upon entry.

You need to read the form too as you're way off base here.

Thank you for your suggestion, unfortunately the instructions are not clear at all. They even have a typo in them:

"if you need extra spact to answer any item:"

Then just read the top of the form where it asks for the intending immigrant's information. If you're sure your wife can be credited with 40 quarters of SS, then this form is all her. Follow the instructions that are in the applicable check box.

[Z & B 2]

I don;t think you are correct. You must still file a I864; the 40 nquarters of work apply for things like social medicare later, but you still need to be her financial sponsor, and she will certainly not become a US citizen upon entry.

Yes, our case is very rare.

This is what the instructions say for I-864w

“You must use this form instead of Form I-864 with your

application for an immigrant visa or adjustment of status if

any of the following apply:

(1) You have earned (or can be credited with) 40 quarters

of coverage under the Social Security Act (SSA). If you

have 40 quarters or SSA coverage, you are exempt from

the requirement to file Form I-864. You can acquire 40

qualifying quarters in the following ways:

Working in the United States for 40 quarters in which

you received the minimum income established by the

Social Security Administration; or

By being credited under section 213(a)(3)(B) of the

Immigration and Nationality Act with quarters worked

by your spouse during the marriage or a parent during

the time you were under 18 years of age; or

A combination of the above.

”

Filing AOS (I-864) would legally be a waste of time because the day I signed it, it would be null and void. Due to the fact:

“How Long Does My Obligation

as a Sponsor Continue?

Your obligation to support the immigrant(s) you are

sponsoring in this affidavit of support will continue until the

sponsored immigrant becomes a U.S. citizen, or can be

credited with 40 qualifying quarters of work in the United

States.

Although 40 qualifying quarters of work (credits) generally

equate to ten years of work, in certain cases the work of a

spouse or parent adds qualifying quarters. The Social Security

Administration can provide information on how to count

qualifying quarters (credits) of work.

”

[pushbrk 12,882]

Yes, our case is very rare.

This is what the instructions say for I-864w

"You must use this form instead of Form I-864 with your

application for an immigrant visa or adjustment of status if

any of the following apply:

(1) You have earned (or can be credited with) 40 quarters

of coverage under the Social Security Act (SSA). If you

have 40 quarters or SSA coverage, you are exempt from

the requirement to file Form I-864. You can acquire 40

qualifying quarters in the following ways:

Working in the United States for 40 quarters in which

you received the minimum income established by the

Social Security Administration; or

By being credited under section 213(a)(3)(B) of the

Immigration and Nationality Act with quarters worked

by your spouse during the marriage or a parent during

the time you were under 18 years of age; or

A combination of the above.

"

Filing AOS (I-864) would legally be a waste of time because the day I signed it, it would be null and void. Due to the fact:

"How Long Does My Obligation

as a Sponsor Continue?

Your obligation to support the immigrant(s) you are

sponsoring in this affidavit of support will continue until the

sponsored immigrant becomes a U.S. citizen, or can be

credited with 40 qualifying quarters of work in the United

States.

Although 40 qualifying quarters of work (credits) generally

equate to ten years of work, in certain cases the work of a

spouse or parent adds qualifying quarters. The Social Security

Administration can provide information on how to count

qualifying quarters (credits) of work.

"

So, do you have the SSA earnings statements for your wife, to establish she can be credited with 40 quarters? If not, how will you document this? This is covered in the check box on the form. The combination of the instructions and the check box tell you clearly what to do but it is your responsibility to document the justification for using the form.

[Z & B 2]

You need to read the form too as you're way off base here.

Then just read the top of the form where it asks for the intending immigrant's information. If you're sure your wife can be credited with 40 quarters of SS, then this form is all her. Follow the instructions that are in the applicable check box.

Yes, I think what you are saying is right but I have a couple of doubts.

1. Usually the petitioner fills out I-864 so wouldn't I be filling out I-864w?

2. This is my largest doubt, at the bottom of I-864 it says:

“© I authorize the Social Security Administration to release information about me in its record to the Department of State and U.S. Citizenship and Immigration Services.”

If my wife signs I-864w, this will not give permission for the USCIS to look at my Social Security record since they are in mine name, not my wife's name.

I thought about sending in three I-864w forms it the three ways I mentioned and they can chose which one they want, but then this could cause more problems since our case is rare.

[Z & B 2]

So, do you have the SSA earnings statements for your wife, to establish she can be credited with 40 quarters? If not, how will you document this? This is covered in the check box on the form. The combination of the instructions and the check box tell you clearly what to do but it is your responsibility to document the justification for using the form.

The SSA Earnings statement is not in my wife's name becuase I did the work. I just give them a copy of my SSA earnings statement obtained from the SSA website showing 10 years of SSA earning during our marriage.

[pushbrk 12,882]

The SSA Earnings statement is not in my wife's name becuase I did the work. I just give them a copy of my SSA earnings statement obtained from the SSA website showing 10 years of SSA earning during our marriage.

I'm not an expert on how one qualifies for 40 quarters based on their spouse's work. That's why I said "if you're sure...". The form is clear at top and bottom that it is the intending immigrant's information and signature that are required.

Here's a reference for you. It may well be that you include YOUR SSA earnings statement, so they can calculate the quarters themselves. But you may also be able to request a statement for your wife, if you've been filing joint tax returns all this time.

http://travel.state.gov/visa/laws/telegrams/telegrams_1381.html

[Z & B 2]

Another issue is this:

The I-864w checklist here:

http://travel.state.gov/visa/immigrants/info/info_3198.html

States one needs to include:

"A signed statement from the person who earned the quarters must be attached to the I-864W."

The I-864W instructions do not say anything about this statement, so maybe it is no longer required. So what is the statement, this is what I found:

I _______ CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES THAT I DID NOT RECEIVE ANY FEDERAL MEANS-TESTED BENEFIT, SUCH AS TEMPORARY ASSISTANCE FOR NEEDY FAMILIES, FOOD STAMPS, MEDICAID, SOCIAL SECURITY INSURANCE, OR STATE CHILD INSURANCE, DURING ANY OF THE QUARTERS I AM USING TO QUALIFY THAT WERE EARNED AFTER DECEMBER 31, 1996.

[pushbrk 12,882]

Another issue is this:

The I-864w checklist here:

http://travel.state..../info_3198.html

States one needs to include:

"A signed statement from the person who earned the quarters must be attached to the I-864W."

The I-864W instructions do not say anything about this statement, so maybe it is no longer required. So what is the statement, this is what I found:

I _______ CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE UNITED STATES THAT I DID NOT RECEIVE ANY FEDERAL MEANS-TESTED BENEFIT, SUCH AS TEMPORARY ASSISTANCE FOR NEEDY FAMILIES, FOOD STAMPS, MEDICAID, SOCIAL SECURITY INSURANCE, OR STATE CHILD INSURANCE, DURING ANY OF THE QUARTERS I AM USING TO QUALIFY THAT WERE EARNED AFTER DECEMBER 31, 1996.

So, provide the statement and have your wife sign it.

[Villanelle 4,122]

Your spouses printout will say how many credits she has, your printout is going to say how many credits you have.

You can fill out the 864w to let her use your credits only if you have enough credits and you never used any means tested benefits.

So that statement is something YOU need to sign.

The problem here which is common on VJ is that the petitioner (him) is posting asking how to do things for the beneficiary (her). So the answers and questions are like how do I do this? And its not how do I its how does She. Its her form.

Read the checklist again carefully:

You must verify that an Affidavit of Support Form I-864 is not required according to the I-864W instructions.She did that and its not needed The Form I-864W may be submitted ONLY IF any of the following apply to you, the visa applicant,

Has, or can be credited with, 40 quarters of covered employment She checked and he has 40 quarters available

A signed statement from the person who earned the quarters must be attached to the I-864W. this is the statement She needs to attach signed by Him

An earnings and benefits statement from the Social Security Administration (SSA) showing the number of qualifying quarters earned by the applicant must be attached to the I-864W. She should have one for herself and one from him

The instruction state:Include all SSA forms necessary to establish that you have or can be credited with 40 quarters of coverage. So She is going to include ALL forms necessary to show she can be credited. That includes both of your SS printouts. She is going to sign the 864W. Youre going to sign the letter saying you didnt take means tested benefits to have your earnings qualify.

[speedwell 224]

Awesome advice, Capri.

Hey, are you going through the immigration process yourself? You may have mentioned this elsewhere but I was surprised to see you don't have a timeline.

[Villanelle 4,122]

Yes and no. Because Im a privacy nut (and probably an all around nut) my husbands profile has the timeline on it- so he contributes to the stats and I contribute to the drama.

(were a K1 AOS oct filer, most likely going to be an interview waived at this point)