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Should I skip I-864 and attach the social security earnings statement instead?

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  • Should I skip I-864 and attach the social security earnings statement instead?

    I-485 instructions mention that almost everyone has to file both I-944 and I-864. I-944 is no longer required starting July 30, due to a new court ruling. So next task is I-864

    For I-864, the instructions mention one exception:
    You may be exempt from filing Form I-864 if: A. You have earned or can receive credit for 40 quarters (credits) of work in the United States (as defined by the Social Security Act (SSA)), regardless of the immigrant category.
    This applies to me. So:
    1. Is it a good idea to skip I-864 and instead attach a statement for SSA? Does it hurt my case?
    2. How to get the statement: Attach the one downloaded from my SSA Account or get a certified one using this form? The certified requires money and wait time.

    If you have any prior experiences, I would love to hear!
    Last edited by sandeep.iiit; 08-02-2020, 12:17 AM.
    8/10/2020 - Application sent to Chicago Lockbox. F2A.
    8/12/2020 - Application received by USCIS.
    8/26/2020 - Mobile Notifications received.
    9/05/2020 - Received I-797 Receipt notices at home.
    9/08/2020 - USCIS Sent RFE because I didn't submit I-864
    9/09/2020 - Got email notification about RFIE
    9/14/2020 - Received the RFIE in mail.
    9/22/2020 - Responded to RFIE
    9/24/2020 - USCIS received the response to RFIE.

  • #2
    I’d suggest, where possible, you submit I-864 even if it doesn’t apply to you. I’m saying this cos I’ve read on this platform where people were rejected severally for not including I-864 even when they shouldn’t be adding.
    1 = March 25

    1 => Application sent to Chicago lockbox
    22 <= 4 I-797Cs (NOAs) received by mail
    43 <= RFIE for tax docs
    49 => RFIE response received
    57 <= Courtesy letter for I-693 received
    129 <= Bio appointment for Aug/13
    141 <= Biometrics taken/ Finger prints applied
    142 <= Ready to be scheduled for an interview
    152 <= Letter that USCIS can reuse my previous biometrics
    159 <= Interview was scheduled for Oct/6
    165 <= New card being produced
    169 <= I765&I131 approved; Combo card mailed

    Comment


    • #3
      It used to be until february or so that you had to file i864w if you were exempt. USCIS now integrated this into i485. So you should not need to file i864 if you are exempt as this should now be covered in i485.


      USCIS:

      https://www.uscis.gov/i-485

      NOTE: Form I-485 is now used to collect information previously collected on Form I-864W, Request for Exemption for Intending Immigrant’s Affidavit of Support. Adjustment applicants no longer need to file Form I-864W.

      Comment


      • #4
        Thanks for the responses!

        000000 Do you know how to get the correct SSA Earning statements? I downloaded my "Social Security Statement" from https://ssa.gov . However, it lists my earning records by years, and not quarters. Should I get a more detailed one using Form SSA-7050 or Form SSA-7004?

        I also found this website which says that
        Since 1978, qualifying quarters are calculated on an annual rather than quarterly basis, meaning the Social Security Administration looks at the total amount earned over the course of the year, not specifically for each quarter (this is reflected in Social Security Earnings Statements, from 1978 or later). Therefore, 40 quarters is usually 10 years.
        If that's true, then I m a bit confused as to why USCIS still mentions the requirements in quarters

        In short, any idea what kind of earning statements have people submitted in their applications?
        8/10/2020 - Application sent to Chicago Lockbox. F2A.
        8/12/2020 - Application received by USCIS.
        8/26/2020 - Mobile Notifications received.
        9/05/2020 - Received I-797 Receipt notices at home.
        9/08/2020 - USCIS Sent RFE because I didn't submit I-864
        9/09/2020 - Got email notification about RFIE
        9/14/2020 - Received the RFIE in mail.
        9/22/2020 - Responded to RFIE
        9/24/2020 - USCIS received the response to RFIE.

        Comment


        • #5
          So you're the I-485 applicant? You would need to check the box in I-485 Prt 8 #62a to claim this exemption.

          This is my personal opinion and is not to be construed as legal advice.

          Comment


          • #6
            Yes I am the I-485 applicant. Thanks for the reminder about Part 8 62a.
            8/10/2020 - Application sent to Chicago Lockbox. F2A.
            8/12/2020 - Application received by USCIS.
            8/26/2020 - Mobile Notifications received.
            9/05/2020 - Received I-797 Receipt notices at home.
            9/08/2020 - USCIS Sent RFE because I didn't submit I-864
            9/09/2020 - Got email notification about RFIE
            9/14/2020 - Received the RFIE in mail.
            9/22/2020 - Responded to RFIE
            9/24/2020 - USCIS received the response to RFIE.

            Comment


            • #7
              Folks, please file the I-864 even if you are exempt. I got a "Request For Initial Evidence" to submit this form, even though I am exempt. I duly noted on the cover letter that I am exempt because aph mentioned about rejections. I thought mentioning this on cover letter will be enough.
              I did attach my social security statement to show that I am exempt because I have 40 social security credits already.

              I feel so frustrated right now.
              8/10/2020 - Application sent to Chicago Lockbox. F2A.
              8/12/2020 - Application received by USCIS.
              8/26/2020 - Mobile Notifications received.
              9/05/2020 - Received I-797 Receipt notices at home.
              9/08/2020 - USCIS Sent RFE because I didn't submit I-864
              9/09/2020 - Got email notification about RFIE
              9/14/2020 - Received the RFIE in mail.
              9/22/2020 - Responded to RFIE
              9/24/2020 - USCIS received the response to RFIE.

              Comment

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