i-864W question (new Social Security setback)
#1
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i-864W question (new Social Security setback)
Hi all,
This is my first time posting, so thanks in advance for any advice you can give. I am a U.S. citizen and my husband (of 9 years) is a U.K. citizen. My husband and I met in the U.S. (he was a resident for 20 years) and have been living in the U.K. for the past 2 years. We decided in March that we wanted to move back to the U.S. but had somehow missed the "fine print" that said that my husband could not live outside of the U.S. for more than a year, otherwise he abandons his residency. Now we are going through the long, frustrating, costly process of the i130.
We applied for the i130 visa in March 2012 and received our notice of receipt on April 13th, 2012. We have all of our paperwork filled out in anticipation of our approval, that is, except for the i-864. My husband worked and paid taxes in the U.S. for nearly 20 years and has earned more than the 40 credits required to the i-864W, however the form requires that you send a copy of your SSA earnings statement. It used to be that Social Security sent a yearly earnings statement to all U.S. residents who filed taxes that year, but when we called the Social Security office they said that as of 2012 they no longer send earnings statements due to budget cuts (and the cost of paper/mailing).
I asked if there was any way to have this information sent to us because we needed it for immigration reasons and the clerk told me that they are in the process of setting up a system for online printing but it is not yet available, and mailing of all statements has been frozen. She DID tell me that she could verify the info over the phone, and did so (Oh, joy! That helps. ). I asked her what I needed to do and she told me to contact the embassy. I called the infamous "number" and was provided with an email code to which I outlined all of the above. The response told me to provide tax statements for the past 20 years. I'm sorry, but I don't know ANYONE who keeps tax statements for 20 years. I do have them for the past 6 years but that won't help in the case of credits.
My daughter and I are moving to the U.S. in July (my UK spousal visa runs out) in hopes that my husband will be able to join us soon. I doubt that the Social Security office will give me a copy of my husband's earnings statement without him present but it's worth a try. Can anyone think of any way to sort this dilemma?
Note: We could try a joint sponsorship if necessary, but I don't have a job yet (that lets me out) and my parents may or may not qualify (I'm haven't asked them yet). I was hoping not to do this as my husband has worked and paid taxes for 20 years, he qualifies for an i-864W but we just can't prove it (yet!).
Thanks for listening.
This is my first time posting, so thanks in advance for any advice you can give. I am a U.S. citizen and my husband (of 9 years) is a U.K. citizen. My husband and I met in the U.S. (he was a resident for 20 years) and have been living in the U.K. for the past 2 years. We decided in March that we wanted to move back to the U.S. but had somehow missed the "fine print" that said that my husband could not live outside of the U.S. for more than a year, otherwise he abandons his residency. Now we are going through the long, frustrating, costly process of the i130.
We applied for the i130 visa in March 2012 and received our notice of receipt on April 13th, 2012. We have all of our paperwork filled out in anticipation of our approval, that is, except for the i-864. My husband worked and paid taxes in the U.S. for nearly 20 years and has earned more than the 40 credits required to the i-864W, however the form requires that you send a copy of your SSA earnings statement. It used to be that Social Security sent a yearly earnings statement to all U.S. residents who filed taxes that year, but when we called the Social Security office they said that as of 2012 they no longer send earnings statements due to budget cuts (and the cost of paper/mailing).
I asked if there was any way to have this information sent to us because we needed it for immigration reasons and the clerk told me that they are in the process of setting up a system for online printing but it is not yet available, and mailing of all statements has been frozen. She DID tell me that she could verify the info over the phone, and did so (Oh, joy! That helps. ). I asked her what I needed to do and she told me to contact the embassy. I called the infamous "number" and was provided with an email code to which I outlined all of the above. The response told me to provide tax statements for the past 20 years. I'm sorry, but I don't know ANYONE who keeps tax statements for 20 years. I do have them for the past 6 years but that won't help in the case of credits.
My daughter and I are moving to the U.S. in July (my UK spousal visa runs out) in hopes that my husband will be able to join us soon. I doubt that the Social Security office will give me a copy of my husband's earnings statement without him present but it's worth a try. Can anyone think of any way to sort this dilemma?
Note: We could try a joint sponsorship if necessary, but I don't have a job yet (that lets me out) and my parents may or may not qualify (I'm haven't asked them yet). I was hoping not to do this as my husband has worked and paid taxes for 20 years, he qualifies for an i-864W but we just can't prove it (yet!).
Thanks for listening.
#2
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Posts: 38,865
Re: i-864W question (new Social Security setback)
My daughter and I are moving to the U.S. in July (my UK spousal visa runs out) in hopes that my husband will be able to join us soon. I doubt that the Social Security office will give me a copy of my husband's earnings statement without him present but it's worth a try. Can anyone think of any way to sort this dilemma?
... but had somehow missed the "fine print" that said that my husband could not live outside of the U.S. for more than a year, otherwise he abandons his residency.
I suggest your husband fly to the US and attempt to enter with his GC as a PR. If he's allowed in, great. If he's not, he'll more than like be parolled into the US pending a hearing before the immigration judge. Either way, he's in the US and can go to an SSA office and get the statement directly from them. Due to privacy issues, he is the only one who can get it - they won't give you that information.
Edit to add: By the way, if he is allowed in on his GC and not parolled into the US, you can subsequently abandon the visa process. He won't need it as he's already in the US and is a PR.
Ian
Last edited by ian-mstm; Jun 11th 2012 at 11:01 pm.
#3
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Re: i-864W question (new Social Security setback)
Thanks for the help. I forgot to mention that his green card expired while living in the UK. That was the whole reason we found out about his "abandonment" of status. We went to renew the GC and found out that he had to re-apply. x
#4
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Re: i-864W question (new Social Security setback)
Here's someting to remember: he is a PR until a US immigration judge says he's not. Even the CBP officer at the PoE doesn't have the authority to make that decision. Even an expired card doesn't force that decision.
That was the whole reason we found out about his "abandonment" of status. We went to renew the GC and found out that he had to re-apply.
Ian
Last edited by ian-mstm; Jun 11th 2012 at 11:36 pm.
#5
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Re: i-864W question (new Social Security setback)
It was a 10 year green card.
How do we see an immigration judge? Is there any chance that he will be denied entry? Even as a tourist? Can he enter as a tourist and still see a judge?
Does he board a plane using his British passport claiming to be a tourist (using a tourist visa) or does he present his (expired)green card to the airline? The airline will deny him boarding with the expired GC, right?
Will the SSA statement will help our case once in America or is that just for the i130?
What evidence could we possibly provide to prove that we didn't intend on abandoning status? We actually didn't know how long we planned to stay in the UK, definitely NOT permanently and we surely never knew that by leaving for more than a year it would be considered abandonment.
Thank you loads for all of your invaluable information! x
How do we see an immigration judge? Is there any chance that he will be denied entry? Even as a tourist? Can he enter as a tourist and still see a judge?
Does he board a plane using his British passport claiming to be a tourist (using a tourist visa) or does he present his (expired)green card to the airline? The airline will deny him boarding with the expired GC, right?
Will the SSA statement will help our case once in America or is that just for the i130?
What evidence could we possibly provide to prove that we didn't intend on abandoning status? We actually didn't know how long we planned to stay in the UK, definitely NOT permanently and we surely never knew that by leaving for more than a year it would be considered abandonment.
Thank you loads for all of your invaluable information! x
#6
Re: i-864W question (new Social Security setback)
I doubt that the Social Security office will give me a copy of my husband's earnings statement without him present but it's worth a try.
My husband worked and paid taxes in the U.S. for nearly 20 years
How do we see an immigration judge?
You can't enter as a tourist and then do it, being a tourist requires non-immigrant intent which he clearly does not have.
The airline will deny him boarding with the expired GC, right?
We had a thread on here before where I explained that I'd actually seen this happen at secondary inspection, Chinese couple walked in with an interpreter and were clearly taking the piss because it was obvious to me that they understood English, they had expired cards and plead ignorance but they were denied entry, I watched them go back to Canada.
The inspector told them to get in touch with USCIS, so either he didn't do his job correctly or possibly they had commuter green cards.
So I think he'd have to ask the question, i.e. parole me in and let me sort it out with an immigration judge, if CBP are awkward. Ask to talk to a supervisor.
But is this more awkward than what you're already doing? Up to you.
Last edited by Steve_; Jun 12th 2012 at 6:28 am.
#7
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Re: i-864W question (new Social Security setback)
You can't enter as a tourist and then do it, being a tourist requires non-immigrant intent which he clearly does not have.
Fly to Canada, enter by land.
So I think he'd have to ask the question, i.e. parole me in and let me sort it out with an immigration judge, if CBP are awkward. Ask to talk to a supervisor.
Ian
#8
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Re: i-864W question (new Social Security setback)
If he's not allowed in on his status as a PR, he'll most likely be parolled in and then scheduled to see an IJ.
Highly unlikely.
Probably not.
Probably not. There's no basis for a hearing when he's just a tourist. He'd need to assert his status as a PR.
He should apply for ESTA and use that to get onto the plane. Once landed, he should present his GC to the CBP officer at the POE.
If he presents only an expired GC, yes. After one year outside the US, the GC is no longer a valid travel document... although it is still proof of his status as a PR. That's why he needs to apply for ESTA first. An approved ESTA will allow him to board the plane.
If he's allowed to enter on his GC, he won't need the SSA statement. If he's parolled in, he should get it.
I'm not suggesting this will be a walk in the park, but if you honestly didn't plan to stay in the UK permanently, then that demonstrates your intent not to abandon status.
Bottom line - he has two choices: 1) He can genuinely enter the US as a tourist long enough to get his SSA statement for the I-864W, return to the UK, and then continue with the immigrant visa process; or 2) He can assert his status at the port of entry and see what happens. Even if the IJ determines that he has abandoned his status, he can still return to the UK and continue on with the immigrant visa process.
All things considered, #1 is the easiest thing to do; #2 is risky, but it has the greater reward.
Ian
Is there any chance that he will be denied entry?
Even as a tourist?
Can he enter as a tourist and still see a judge?
Does he board a plane using his British passport claiming to be a tourist (using a tourist visa) or does he present his (expired)green card to the airline?
The airline will deny him boarding with the expired GC, right?
Will the SSA statement will help our case once in America or is that just for the i130?
What evidence could we possibly provide to prove that we didn't intend on abandoning status? We actually didn't know how long we planned to stay in the UK, definitely NOT permanently...
Bottom line - he has two choices: 1) He can genuinely enter the US as a tourist long enough to get his SSA statement for the I-864W, return to the UK, and then continue with the immigrant visa process; or 2) He can assert his status at the port of entry and see what happens. Even if the IJ determines that he has abandoned his status, he can still return to the UK and continue on with the immigrant visa process.
All things considered, #1 is the easiest thing to do; #2 is risky, but it has the greater reward.
Ian
#9
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Re: i-864W question (new Social Security setback)
Bottom line - he has two choices: 1) He can genuinely enter the US as a tourist long enough to get his SSA statement for the I-864W, return to the UK, and then continue with the immigrant visa process; or 2) He can assert his status at the port of entry and see what happens. Even if the IJ determines that he has abandoned his status, he can still return to the UK and continue on with the immigrant visa process.
All things considered, #1 is the easiest thing to do; #2 is risky, but it has the greater reward.
All things considered, #1 is the easiest thing to do; #2 is risky, but it has the greater reward.
#10
Re: i-864W question (new Social Security setback)
How long do people generally wait to see a judge?
If it is determined that he has abandoned his status does he have to leave immediately?
Wouldn't it make sense that he would be allowed to stay if for nothing more than the fact that he has contributed enough to SS to retire?
Rene
#11
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Re: i-864W question (new Social Security setback)
Wouldn't it make sense that he would be allowed to stay if for nothing more than the fact that he has contributed enough to SS to retire?
Ian
#12
Re: i-864W question (new Social Security setback)
Damned if I know - you've written nothing about why you went to the UK, what you did when you got there, what happened to cause you to stay there as long as you did, and what has caused you to now want to return to the USA.
Perhaps a consultation with an immigration attorney would be in order. Lawyers are pretty good at prying relevant information out of people who have no clue about the situation they're in. (Not trying to degrade, simply stating what the case is based on what you've written in your posts.) Depending on the details of your situation, perhaps a good lawyer could 'spin' a good enough story for an SB-1 visa.
Regards, JEff
Perhaps a consultation with an immigration attorney would be in order. Lawyers are pretty good at prying relevant information out of people who have no clue about the situation they're in. (Not trying to degrade, simply stating what the case is based on what you've written in your posts.) Depending on the details of your situation, perhaps a good lawyer could 'spin' a good enough story for an SB-1 visa.
Regards, JEff
Last edited by jeffreyhy; Jun 14th 2012 at 2:52 pm.
#13
Re: i-864W question (new Social Security setback)
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Last edited by jeffreyhy; Jun 14th 2012 at 2:51 pm. Reason: duplicate post