I-864 and 40 Qualifying Quarters of work

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27315

Registered Users (C)
We previously filed the forms mentioned below in 2000/2001 however, I am one of cases that have fallen "threw the cracks" of the US Immigration system. We wrote the INS Ombudsman and our State Official concerning my case and, after receiving several contradicting letters from both parties, we have been advised that, rather than dispute my case, we would be better off to simply re-apply. However, we do not meet the I-864P Minimum Requirements.

Background Info:
Filing Forms I-485, I-130, I-765, I-864, etc..
I am a Canadian citizen currently living in the USA.
I have been here as a visitor (without a visa) for over ten years.
The wife (an American Citizen by birth) and I were married Oct, 1999 and are still married.
Marriage is valid and took place in USA.
We have two boys, both are American Citizens.
Her income does not the minimum I-864P poverty level.
During the past ten years, she has earned at least 40 qualifying quarters of work.

Again; we do not meet the I-864P Minimum Requirements. However, Instructions for the I-864 states:

"The following types of intending immigrants do not need to file this form: Any intending immigrant who has earned or can be credited with 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 parent(s) while the immigrants were under 18 years of age."

Question #1: Given that she has earned at least 40 quarters of work, do we need to file form I-864?
Question #2: If not what form(s) do we file in its stead?
Question #3: Given that we do not meet the minimum poverty level, will her 40 quarters be sufficient?
Question #4: It is my understanding that if ones marriage is less than two years old, they need to file form I-485. However, given that our marriage is over tens years and have two children. Surely they would see that our marriage is NOT an attempt to circumvent the US Immigration laws. Therefore, are we still required to file form I-485, or should we try a different route?

Any and all information you can give would be most appreciated.

Thanks in advance.
 
I-485 is not just for people with a marriage of less than 2 years. It's the form used to apply for adjustment of status. You WILL NEED to file I-485.

As far as the credit for work performed by spouse - the way I see it, you can only count the time AFTER the marriage. Since you were married in 1999, you may be able to use that. However, was she employed all 40 quarters? I am no totally certain about it, so please wait for others to chime in.
 
Yes she was.. That being the case, the I-485 states instructions state: "The following types of intending immigrants do not need to file this form"... Which form if any do we need to fill out?
 
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This is what the I-864 instructions say:

The following types of intending immigrants do not need to file this form:

Any intending immigrant who has earned or can be credited with 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 parent(s) 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 atwww.ssa.gov/mystatement/credits for more information;
Click to expand...

Basically, you need to look at your own Social Security statement (which you should have received if you were working and paying into Social Security) to see how much credits you have for yourself based on your own work. Then if that is less than 40 credits, visit a Social Security office (take your wife's latest SS statements) and talk to them to figure out how many credits are credited to you based on your wife's work, and how to get an official letter from them saying how many credits you have. Then you will submit that letter instead of the I-864, along with a cover letter explaining why you are not submitting the I-864.

You'll still need all the other forms that everybody would need. See http://forums.immigration.com/showthread.php?288201-How-to-Apply-for-a-Green-Card-Do-it-Yourself, particularly post 4. However, don't bother with I-131 because in your circumstances you shouldn't travel outside the US before your green card is approved.

Before reapplying I would suggest consulting a lawyer to discuss your options for appealing vs. reapplying. This is because when you already have an I-485 denial, reapplying often results in an instant denial when they see the prior denial on the books (depending on the reason for denial). So reapplying may be useless if you can't clear up the original reason for the initial denial. And that re-denial often translates into a quick trip to removal proceedings.
 
Anyone that wishes to exempt themselves from the I-864 requirement because they believe they meet a waiver needs to fill out the I-864W. An additional letter from Social Security would help, but by signing the I-864W it authorizes USCIS to contact Social Security to verify the claim. The same is true with filling out an I-864, anyone who signs it authorizes USCIS to contact Social Security and the Department of State. Our co-sponsor is currently receiving Social Security and wasn't able to provide a document besides the taxes showing so with the I-864. We hadn't received an RFE for it, because I take it they contacted SSA to verify.

Update: Just reread the I-864W and if you are claiming the 40 qtr rule you need to include a copy of the SS statement.
 
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...[U said:
reapplying often results in an instant denial[/U] when they see the prior denial on the books (depending on the reason for denial). So reapplying may be useless if you can't clear up the original reason for the initial denial. And that re-denial often translates into a quick trip to removal proceedings.
Click to expand...

My initial i-485 application was denied in 2002 and, as stated previously, I've been in contact with the INS on several occasions since and have not heard / received anything in regards to removal proceedings. Hopefully it won't be a factor. The initial I-485 application was denied because of a "request of evidence" delay. They (the INS) wanted me to get some court documents from my home country (Canada) however, because of a labor dispute (viz. union strike / walk-out) between the court clerks and the Canadian Government, I could not get the documents they requested in the allotted amount of time (i.e 3 months). When I finally did get the requested documents, I forwarded them to the INS along with a letter stating the circumstances for the delay. Thus, the reason for my initial I-485 denial was due to circumstances beyond my control.

FYI: In my dealings with the INS since then (both in person and letters), I've been told my status is pending / approved / denied, you name it. I've also had a phone conversation with an INS officer at the Texas Service Center. She brought up my case on her computer and said the information I gave her didn't match what they had on their data-base (i.e. name, etc..). While speaking with her on the phone, she assured me that she had corrected the information.

I have also taken an approval letter which I received from the INS to our districts field office and, upon seeing an INS officer, was basically told the letter was "a fake" because she could not find ANY information about me in their data-base. She ran my receipt number / EAC number (both of which were correct and issued to me by the INS) and came back with nothing. It was like I never even existed.. She then said; unless I had another receipt number, there was nothing she could do to help.

That's a small sampling of the dealings I've had with the INS and my previous I-485 application.. We have spoke with a lawyer and decided not to go that route simply because we can not afford legal counsel. So, we're going to try this again and hopefully everything will go smoothly this time around but, than again..........

While some of what I just told you is irrelevant to the topic at hand, I thought it might be of some interest to those who may read this post in the future.. When it comes to dealing with the INS (at least in my circumstances), presume everything and expect nothing.

Thanks again for your time and information, it has been most helpful...
 
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27315 said:
I have also taken an approval letter which I received from the INS to our districts field office and, upon seeing an INS officer, was basically told the letter was "a fake" because she could not find ANY information about me in their data-base. She ran my receipt number / EAC number (both of which were correct and issued to me by the INS) and came back with nothing. It was like I never even existed.
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Does it still show nothing when you check the EAC number yourself on the Internet?
 
I was unaware that one could check their EAC number on the internet, however when I run my receipt number on the INS website to check my status, it (my status) has (since my initial denial) remained the same:

Your Current Case Status for Form I181, CREATION OF RECORD OF LAWFUL PERMANENT RESIDENCE

Long long ago (added by me) we received this I181 CREATION OF RECORD OF LAWFUL PERMANENT RESIDENCE, and mailed you a notice describing how we will process your case (never received it). Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending....
 
When you check your I-485 status, it shows something about I-181? Do you even have the I-485 receipt notice?
 
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When I run my receipt number on the INS website to check my status, it (my status) has (since my initial denial) remained the same (See my previous post).

To the best of my knowledge, I / we have never received an an "official" I-485 receipt notice. Prior to my denial, we did receive some letters from the INS but they were for appointments ONLY and, those letters were taken from us by the attending INS officer during the appointment / interview.

I was verbally given my receipt number over the phone when I called to enquirer about my case. The person on the phone seemed shocked that I hadn't received such a number and, I presume, after running my info against their data-base, he than gave me a receipt number. That is the ONLY receipt number I / we have received. Also, I / we continue to use that same number with all our correspondence to the INS and vise versa.

BTW, is there some odd about my status being that of "I-181 CREATION OF RECORD OF LAWFUL PERMANENT RESIDENCE"? I've been told it's routine. Is there something I should be aware of?
 
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quarters earned by using "not valid for employment" social security card

Hello.

I just received my NVC case number and i need to fill in the "Affidavit of support"

My question is:
What will happen if i earned 36 quarters (shown on statement) by using "not valid for employment" social security card?
Will it have any effect the decision of "homeland security" weather to issue me green-card or not?
2. Will i be able to "use" these quarters toward completing the 40 quarters needed?

Thank You
 
tsioni1 said:
Hello.

I just received my NVC case number and i need to fill in the "Affidavit of support"

My question is:
What will happen if i earned 36 quarters (shown on statement) by using "not valid for employment" social security card?
Will it have any effect the decision of "homeland security" weather to issue me green-card or not?
Click to expand...
Depends on various factors -- what is the basis of your green card, how much of that employment was illegal, are you inside or outside the US?

2. Will i be able to "use" these quarters toward completing the 40 quarters needed?
Click to expand...
Yes, but you need the full 40 quarters to qualify to file I-864W instead of I-864.
 
filed i-130, i-485, i-864w,i-765, i-131. had biometrics, rereceived rfie for i-485,
I-864w rejected want I-864. married since 2012, 8 quarters accumulated since marriage,
not counting means-tested benefits. intending immigrant has 35 quarters.
can i resubmit i-864w with explanation ?( I didnt send no explanation last time ) and do i need a certified ssa statement?
what evidence can i send other then our ssa statements?
 
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