September 2020 Filers!

[Xaxaza]

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Thanks!

[Xaxaza]

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[applevinegar]

Update.. received 4 texts today to confirm receipt...

sandeep.iiit and applevinegar you were right about the Sunday thing.

congrats! expect your actual NOA come in mails like around a week. My case is 6 days, got it the following Saturday (depends on your location and local usps)

[Xaxaza]

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[Xaxaza]

congrats! expect your actual NOA come in mails like around a week. My case is 6 days, got it the following Saturday (depends on your location and local usps)

Thanks for your response...

[ktait]

They have had mine for approx 2 weeks now so fingers crossed that this time next week i have my own text messages!

[Xaxaza]

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[scottishcraig]

Self-completed submission. Submitted I-485 concurrently with I-130 - US Citizen Spouse.

1. 9/22/2020 - Sent to Chicago Lockbox (I130, I130a, I485, I765, I131, I-864, I-944)
2. 9/23/2020 - Application received.

Nothing since... Starting to worry that I've messed up my credit card authorization...

[drexrex]

sandeep.iiit I was looking at your timeline in your signature and noted the following:

9/08 RFIE sent for lack of I-864 (even though I am EXEMPT)
9/09 Got email notification about RFIE
9/14 I received the RFIE in mail
9/22 Responded to RFIE with I-864


I recently filed for a marriage based AOS (married to USC). I am also exempt from filing I-864. My exemption is based on the fact that I have worked in USA for more than 40 continuous quarters. What was your I-864 exemption based on? It is weird to see USCIS asking for forms that you are exempt from. What did you end up submitting? A fully completed I-864 even though you are exempt?

[sandeep.iiit]

sandeep.iiit I was looking at your timeline in your signature and noted the following:

9/08 RFIE sent for lack of I-864 (even though I am EXEMPT)
9/09 Got email notification about RFIE
9/14 I received the RFIE in mail
9/22 Responded to RFIE with I-864


I recently filed for a marriage based AOS (married to USC). I am also exempt from filing I-864. My exemption is based on the fact that I have worked in USA for more than 40 continuous quarters. What was your I-864 exemption based on? It is weird to see USCIS asking for forms that you are exempt from. What did you end up submitting? A fully completed I-864 even though you are exempt?

TL;DR: I know someone (Tibwa ), whose application got rejected (sent back immediately) twice due to lack of I-864, even though he had way more than 40 quarters/credits. So it's probably best to fill it completely and send it. Also, now that I-944 is back, the documents required for I-944 and I-864 are similar, so it's probably not that much extra work (but still annoying, I know..).
Edit: Just realized you have already filed. In that case, nothing to do, unless they send an RFE to you as well.

Details
My exemption reason was same as you, although mine was a bit too close to 40, which might have confused the officer.
So basically, I-485 instructions say that you must have 40 social security credits (doesn't have to be continuous):

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.

Quarter is not exactly equal to credits. For me I would complete 40 quarters in end of 2020, but I already completed 40 credits in beginning of 2020. Since 1978, credits are not tied to quarters. As soon as you earned 4 x $1410 in a year, you get the 4 credits for that year (and 4 is the max u can get in a year). From this website:

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.

So, I could think of a few reasons why I got an RFIE:
1. The officer didn't look carefully enough that I have indicated that I am exempted (I did mention it in bold in cover letter, and also in the I-485 form at the appropriate place).
2. The officer looked at my SSA statement, but just looked at the earnings on my SSA. SSA statement only show earnings till last year - 2019. So it only lists 9 years of earnings for me. Although, it does clearly say on page 1 "You have earned enough credits to qualify for benefits". Perhaps the officer overlooked that part.
3. The officer might not know about credits, and might still be counting quarters, in which case I don't have 40 quarters.

Of course, the RFIE didn't say a single sentence about why they wanted me to submit I-864. All it said was that I didn't submit I-864, so I should submit. It sounded like a standard template. It didn't say anything like "Ohh.. we looked at your SSA statement, and we still require your I-864".

Long story short, I just ended up filing it with all the required documents.

Some other related threads:
https://www.immihelp.com/forum/adjus...tement-instead
https://www.immihelp.com/forum/adjus...curity-credits

Hope this helps!

[drexrex]

TL;DR: I know someone (Tibwa ), whose application got rejected (sent back immediately) twice due to lack of I-864, even though he had way more than 40 quarters/credits. So it's probably best to fill it completely and send it. Also, now that I-944 is back, the documents required for I-944 and I-864 are similar, so it's probably not that much extra work (but still annoying, I know..).
Edit: Just realized you have already filed. In that case, nothing to do, unless they send an RFE to you as well.

Details
My exemption reason was same as you, although mine was a bit too close to 40, which might have confused the officer.
So basically, I-485 instructions say that you must have 40 social security credits (doesn't have to be continuous):


Quarter is not exactly equal to credits. For me I would complete 40 quarters in end of 2020, but I already completed 40 credits in beginning of 2020. Since 1978, credits are not tied to quarters. As soon as you earned 4 x $1410 in a year, you get the 4 credits for that year (and 4 is the max u can get in a year). From this website:



So, I could think of a few reasons why I got an RFIE:
1. The officer didn't look carefully enough that I have indicated that I am exempted (I did mention it in bold in cover letter, and also in the I-485 form at the appropriate place).
2. The officer looked at my SSA statement, but just looked at the earnings on my SSA. SSA statement only show earnings till last year - 2019. So it only lists 9 years of earnings for me. Although, it does clearly say on page 1 "You have earned enough credits to qualify for benefits". Perhaps the officer overlooked that part.
3. The officer might not know about credits, and might still be counting quarters, in which case I don't have 40 quarters.

Of course, the RFIE didn't say a single sentence about why they wanted me to submit I-864. All it said was that I didn't submit I-864, so I should submit. It sounded like a standard template. It didn't say anything like "Ohh.. we looked at your SSA statement, and we still require your I-864".

Long story short, I just ended up filing it with all the required documents.

Some other related threads:
https://www.immihelp.com/forum/adjus...tement-instead
https://www.immihelp.com/forum/adjus...curity-credits

Hope this helps!

Thank you for the detailed post. I appreciate it.

[aozer]

Concurrently filed Forms I-130, I-130A, I-485, I-693, I-864, I-944, I-765.

Timeline so far:
September 17, 2020 - Form I-693, Report of Medical Examination and Vaccination Record signed by a civil surgeon
September 23, 2020 - Package Sent to USCIS
September 25, 2020 - Package Delivered to USCIS Chicago Lockbox via UPS & Received by CHYBA
October 14, 2020 - Both checks are cashed. Have not received an SMS yet.

[Tibwa]

Thank you for the detailed post. I appreciate it.

I think the bigger issue is that some immigration officers do NOT know the rules established by USCIS. Honestly, USCIS used to have a waiver called I-864W form but USCIS eliminated it last January. I suspect they have not trained their officers to accept Social Security Statement in lieu of I-864 unfortunately. I had to have my dad sent an I-864 with just $12k in social security but I have enough assets to support myself. So far, I have not received any RFIE, who knows? Nevertheless, you should send your request showing them how you are qualified for a waiver and attached all the reference pages from both form I-485, I-864 and their respective instruction pages along with an I-864 if you can.

[thisisvictor]

Hey all. I will also join subscribe to this forum. September filler as well for the Orlando Office. AOS from F-1 on (current on OPT). Spouse is Cuban, filled through the Cuban Act.

This is my timeline so far:
September 19, 2020 - Form I-693, Report of Medical Examination and Vaccination Record signed by an immigration medical doctor
September 24, 2020 - Package Sent to USCIS
September 28, 2020 - Package Delivered to USCIS Chicago Lockbox.
October 8, 2020 - Fee charged on my credit card.
October 13, 2020 - Received 3 text messages with receipt numbers. Official notice of receipt(Form I-797).
October 19, 2020 - Received 3 NOA letters regarding i131, i765, and i485. No e-mails.

[aozer]

For those waiting for a response whether USCIS has initiated your case. Here is a tip for you. Check the back of your checks (in your mobile account) after they are cashed by USCIS. I can see that they cashed two checks, and they put the case number there as they endorse them. I check the case number and it says that they received my app. So I have not even had an SMS text yet.