Saddie - Why did they want you to send in an I-864 instead of the I-864w? Were you eligible for the I-864w or did you just fill it out by mistake?
Well, we thought we were eligible for I-864W since my SSN credits and my spouse SSN credits (after marriage) was more than 40. Also my spouse did not earn any means-tested public benefits during our marriage. As per the I-864W, the following are eligible for I-864W.
(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:
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
Working in the United States for 40 quarters in which you received the minimum income established by the Social Security Administration; or
A combination of the above.
If you are claiming credit for quarters worked by a spouse or parent, you may not count any quarter in which the spouse or parent was receiving means-tested public benefits. Include all SSA forms necessary to establish that you have or can be credited with 40 quarters of coverage.
Looking at the above we thought we were eligible but still USCIS didn't seem to accept it and sent an RFE instructing us to file I-864. I still don't understand why I don't fall in the eligible category. Anyways, without causing any delay, we sent them the I-864.