WORKING CREDITS

[Alenushka_21 0]

Hi there again, guys, looks like i need help again...

my situation is as follows:

-i am an intended immigrant;

-my current social security statement shows that i have 32 working credits;

-my husband (citizen) has 8 credits since we've been married;

-his income in the year 2006 is $17000 which earns him 4 credits for that year

=year 2007 his income is $5000 which earns him 4credits again

=years 2008, 2009 and 2010 his income is $0

-we were married in the middle of the year 2006 (july 3)

question is, how exactly the credits during married life are counted- because i see two possibilities and not sure which one is correct:

possibility 1) where credits are divided to take in concideration the middle of the year, that is for year 2006 in married life i can get only 2 of his working credits;

possibility 2)where you count, that since the date of marriage he made at most half of that $17000, which is $8500, or even if it is $5000, it also could be 4 credits ($1120*4=$4480, which is 4credits)

please, any insights??

thank you in advance)))))))))))))

[belinda63 3,038]

The credits are yours and not dependent upon marriage. You cannot share or trade work credits.

[Alenushka_21 0]

well, i just wanted to make sure then, what is

quote:

"You have earned (or can be credited with) 40 quarters

of coverage under the Social Security Act (SSA). If you

have 40 quarters or SSA coverage, you are exempt from

the requirement to file Form I-864. You can acquire 40

qualifying quarters in the following ways:

By being credited under section 213(a)(3)(B) of the

Immigration and Nationality Act with quarters worked

by your spouse during the marriage or a parent during

the time you were under 18 years of age; or

Working in the United States for 40 quarters in which

you received the minimum income established by the

Social Security Administration; or

A combination of the above." ?

[Alenushka_21 0]

p.s. sorry, somehow two paragraphs switched places((

[Alenushka_21 0]

p.s. sorry, somehow two paragraphs switched places((

[belinda63 3,038]

This is a rather unique question and I will have to defer to someone with more knowledge. After having read the instructions I too am confused as to exactly what they mean by claiming your spouses SS credits. Straight up I know you have to have been married for ten years before you qualify to file for SS benefits based on your spouse but how this applies to the I-864 I have no idea.

[Alenushka_21 0]

i know, it's been really buffling me, i've been surfing the web all day trying to find out about this...lots of people have never heard about this, and some actually used those credits, but situations i've read were more straightforward than mine...also came to find out that when filing joint tax returns credits somehow double, but haven't checked for confirmation of that on SSA wwebsite yet...which won't help me anyway since we've started filing joint returns in 2009((((

[Alenushka_21 0]

ok, guys, what i have found:

"For years before 1978, an individual generally was credited with a quarter of coverage for each quarter in which wages of $50 or more were paid, or an individual was credited with 4 quarters of coverage for every taxable year in which $400 or more of self-employment income was earned. Beginning in 1978, employers generally report wages on an annual, instead of quarterly, basis. With this change to annual reporting, the law provided that a quarter of coverage be credited for each $250 of an individual's total wages and self-employment income for calendar year 1978 (up to a maximum of 4 quarters of coverage for the year). After 1978, the amount of earnings needed for a quarter of coverage increases automatically each year with increases in the national average wage index." (ssa website) for year 2010 amount for quarter of coverage is $1120, so for 4 credits it will be $4480.

what i can conclude, since by law they take in concideration total wages, in my situation where me and my husband got married in the middle of the year, total wages since the date of marrige till the end of the year would qualify for 4 credits. then again, looks like i might need to call some customer service or a hotline to confirm that...

well, i tried my best to get to the bottom of this)))

still, any help or advice or such experience from somebody else would be greatly appreciated))))

Thanks in advance!

Edited November 23, 2010 by Alenushka_21

[VanessaTony 3,567]

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to General Immigration Related Discussion as this isn't a question about the AOS process specifically, more a general Immigration "question"/need for definition**

[Alenushka_21 0]

actually i'm sorry i didn't clarify at the beginning - all this thread started because of form i-485 to adjus status; i-864 has to be filed concurrently, but if you qualify, you can file form i-864w instead, which is a waiver of affidavit of support based on earning enough qualifying credits with Social Security Administration

[JimVaPhuong 4,863]

The general wisdom on this site has always been that you accrue credits twice as fast if you are married, and you and your spouse are both working, but that's oversimplistic, and it's not really how it works.

From the viewpoint of the Social Security Administration, you accumulate credits for your own work. Although you may be eligible for benefits based on the credits your spouse accumulates, you don't actually get to add their credits to yours for the purpose of Social Security benefits.

Now, INA 213A(3)(B) allows USCIS to combine your credits with your spouses credits for the purpose of determining if an affidavit of support is required or enforceable. This has nothing directly to do with Social Security rules - it's a stipulation in the INA only for the purpose of the affidavit of support. That section of the INA says:

(B) Qualifying quarters.-For purposes of this section, in determining the number of qualifying quarters of coverage under title II of the Social Security Act an alien shall be credited with-

(i) all of the qualifying quarters of coverage as defined under title II of the Social Security Act worked by a parent of such alien while the alien was under age 18, and

(ii) all of the qualifying quarters worked by a spouse of such alien during their marriage and the alien remains married to such spouse or such spouse is deceased.

It goes on to say that the alien will not be credited with quarters in which the parent or spouse collected means tested benefits.

My understanding from this is that, between you and your husband, and considering the period of time that you've been married, you have just enough credits to qualify for an exemption. By the time they get around to adjudicating your petition you'll have one or two more credits, so that should firmly lay the issue to rest. You shouldn't need an affidavit of support.

[LADYDARE 28]

The general wisdom on this site has always been that you accrue credits twice as fast if you are married, and you and your spouse are both working, but that's oversimplistic, and it's not really how it works.

From the viewpoint of the Social Security Administration, you accumulate credits for your own work. Although you may be eligible for benefits based on the credits your spouse accumulates, you don't actually get to add their credits to yours for the purpose of Social Security benefits.

Now, INA 213A(3)(B) allows USCIS to combine your credits with your spouses credits for the purpose of determining if an affidavit of support is required or enforceable. This has nothing directly to do with Social Security rules - it's a stipulation in the INA only for the purpose of the affidavit of support. That section of the INA says:

(B) Qualifying quarters.-For purposes of this section, in determining the number of qualifying quarters of coverage under title II of the Social Security Act an alien shall be credited with-

(i) all of the qualifying quarters of coverage as defined under title II of the Social Security Act worked by a parent of such alien while the alien was under age 18, and

(ii) all of the qualifying quarters worked by a spouse of such alien during their marriage and the alien remains married to such spouse or such spouse is deceased.

It goes on to say that the alien will not be credited with quarters in which the parent or spouse collected means tested benefits.

My understanding from this is that, between you and your husband, and considering the period of time that you've been married, you have just enough credits to qualify for an exemption. By the time they get around to adjudicating your petition you'll have one or two more credits, so that should firmly lay the issue to rest. You shouldn't need an affidavit of support.

Thanks for the info

[Alenushka_21 0]

thank you so much!!