[Solved] RFE: You are exempt from filing Form I-864, Affidavit of Support, because....

Recently, I received an email from one of my dear readers. He received an RFE from USCIS and was not sure what evidence was requested and how to response to the request. So I did some research to help out and would like to share with people who received the same or similar RFE. Let's take a look!

See the whole I-485 application guide here: DIY How I Applied for My Green Card with No RFE!
Request for Evidence (RFE): Exempt from filing Form I-864

Request for Evidence (RFE): Exempt from filing Form I-864

Question: I received an RFE letter from USCIS with the following statement. What does it mean? How do I respond? If you could share some insights that'd be really helpful!
In the RFE letter, it states: "You indicated on Form I-485, Application to Register Permanent Residence or Adjust Status, that you are exempt from filing Form I-864, Affidavit of Support, because you have earned or can receive credit for 40 qualifying quarters (credits) of work in the United Status as defined by the Social Security Act."
Answer: This statement relates to Part 8. General Eligibility and Inadmissibility Grounds > Public Charge > Declaration of Self-Sufficiency (Form I-944) Item Number 61. Are you exempt from the public charge ground of inadmissibility?
RFE: You are exempt from filing Form I-864 Affidavit of Support, because...

Most people would answer "No" to this question which means you are not exempt and will need to file form I-944. If you are not exempt, you should also proceed to Item Number 62. Affidavit of Support Under Section 213A of the INA (Form I-864).

If you are not exempt from I-864 (which most people are not), you would leave 62.a.-62.n. blank because none of them apply to your case.

*USCIS extends the response time for RFE during COVID-19. Learn more here!

How to Respond to the RFE Letter: Exempt from filing Form I-864

You should state clearly that you are not exempt from filing I-864 Affidavit of Support. When responding to the letter, I would also attach the following evidence:
  • Social Security Benefit Verification Letter (prove that you have never applied or received any social security beneifts)
  • Yearly earning statement (prove that you haven't earned credit for 40 qualifying quarters (credits)

I personally tried to create an account from Social Security Administration (SSA)'s website and I couldn't pass the security questions. I did some search and found that many people have the same issue. So if you are having trouble creating an account to find your records, you can:
I hope this article gives you some direction on how to response your RFE!

Keep reading to learn more:

*Again, this is for sharing my personal opinions only, not for providing any legal advice. See disclaimer here.

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