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Challenge Claiming Affidavit of Support Waiver through NVC - I-864W

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  • Challenge Claiming Affidavit of Support Waiver through NVC - I-864W

    Hi,

    Starting a new thread with a title specific to the challenge at hand, to help others with similar issue now or in the future. (The initial exchanges were under a thread IR-5 visa https://www.immihelp.com/forum/showt...highlight=864w which may not be clearly reflective of the issue at hand).

    Post my update on 9/23 (https://www.immihelp.com/forum/showt...078#post524078), I have been really struggling to convince NVC through phone and email as to how and why I-864 is not applicable to my case (and my wife’s).

    “missing” I-864 document is the only item in the checklist. (Nothing about I-864W insufficiency or ineligibility).

    I have a second original set of documents with me and I can confirm that I have completed and signed form I-864W in all respects, attached Social Security statement SSA-7005-SM-OR dated 3/31/2017 that clearly states “You have earned enough credits to qualify for benefits”, provided a detailed explanation about waiver applicability to my case, and also an affidavit testifying no means tested benefits were ever availed by me.

    Do realize that I am losing time but wondering what other options exist for me, other than to yield to their checklist demand of an I-864. Why I am reluctant so is because (a) Don’t feel good about knowingly doing a wrong thing to get the job done (undertaking by the Sponsor of an I-864 can never ever be enforceable in my situation, as it might be a void ab initio contract because of my (intending immigrant) already earned 40 Qualifying Credits), (b) Petitioner being a student that has never worked would mean requiring the involvement of multiple people (Primary Sponsor + Co-Sponsor(s)). Although I can manage that, albeit through inconveniencing and seeking favors from Co-sponsors unnecessarily)

    Given the above, I wish to seek advice from the experts and the experienced, as to what other options exist for me? (Speaking to supervisors and writing to askNVC has not yielded the desired results). Any other escalation matrix within NVC? Approach Congressman/Senator? Reach out to my local consular office to see if they can somehow intervene should they find merit in my case? Surely there has got to be some way of resolving this deadlock?

    Please could you enlighten? Thanks.
    Attached Files

  • #2
    This year I filed for AOS via marriage to my USC wife.

    I had previously started the AOS process with my ex-wife and through that process received a Social Security # and temporary work authorization (an I-551 stamp in my passport). We separated and divorced before two years and never filed to remove the conditions.

    We married many years ago and for various reasons never got around to filing for AOS until we did so this year‚ at that point we had been married for 17 years.

    I created an online account to check my Social Security account and it indicated that I had earned enough credits to be eligible for Social Security benefits (40 + credits).

    My wife easily made enough to qualify as sole sponsor so even though we could technically of qualified for a waiver through my own past earnings (if they allowed them to be counted) or benefits accrued via my wife's earnings over 17 years of marriage we filed a regular I-864.

    Since I have received my 10 year green card nothing has changed to my online social security account ( the existing # was fully disclosed during the AOS filing as was my prior issued Alien registration #) and it shows my projected benefits and current eligibility for Social Security benefits.

    We thought about whether or not we needed to file the regular I-864‚ but as filing it was free and it the conditions were easily met (sufficient income) we just went ahead and filed it. During the AOS interview I asked the IO about whether we had needed to file it and he seemed unsure.

    Anyway‚ we decided to take the path of least resistance in our case and in my opinion not cause undue complications or issues that may arise from not using the standard I-864. We got approval for my 10 year green card the day after our interview and the entire process (filing date 1/17 to having green card delivered in hand on 6/16) took a total of 150 days.

    Filing a regular I-864 for us just seemed the easiest and fastest way and to be honest was the least of our concerns during the process.

    Comment


    • #3
      Pleased to update that, finally, after a great deal of persuasion (quoting several of their rules and policies), NVC has accepted our waiver forms (I-864W). Was told that our interviews have been scheduled as well and a formal communication to that effect would soon follow.

      Now, I hope that the interviewing consular officer too is aware of the applicability of waivers in our cases.

      Hope those that are 100% certain that they qualify for I-864W take confidence from this experience.

      Good Luck!, everyone.

      Comment


      • #4
        great job rajbir

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