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

[sandeep.iiit]

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!

[aph]

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.

[000000]

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.

[sandeep.iiit]

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?

[newacct]

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

[sandeep.iiit]

Yes I am the I-485 applicant. Thanks for the reminder about Part 8 62a.

[sandeep.iiit]

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.

[mrezy]

Hello Sandeep - thanks for sharing your feedback. Hope by now you have received some positive feedback. I am in the process of preparing my file and just wanted to request someone to review the list of the forms and answer couple of questions:

H1b (Indian, with approved I-40 on Eb3) recently married to USA citizen.

All forms listed here can be mailed as 1 package or separate?

Any other forms which are missing?

1) 130 & 130A? Both Required? Please confirm.
2) 485 -
3) 131
4) 765 - Online or paper?
5) 864 - Still Needed even though I am exempt based on SSN? Similar to case here.
6) I-944 -
7) I485
8) I-693 - when to file this one?


Thanks

[SA9]

Did anybody succeed with I864W based on 40 social security creditds

[klajdi]

Did anybody succeed with I864W based on 40 social security creditds

I am in the same boat. I sent the i864w with my 40 credits and they send me rfe that my i864 is not properly signed or filled out. no sense. What did you do

[klajdi]

Anyone with i864w with 40 credits has applied ?

[klajdi]

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

My lawyer checked this question yes and same time i submitted the i864w that I am exempt from sponsorship because i have 40 credits. What can be done now? They already send me rfe for missing i864.

[klajdi]

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

My lawyer put YES and submitted the i864W. after 5 days Initial RFE for i864 hat is not properly filled or signed . any idea why?

[klajdi]

My lawyer put YES and submitted the i864W. after 5 days Initial RFE for i864 hat is not properly filled or signed . any idea why?

Its the new form where it ask are you subject to public charge? I do have 40 credits currently