I-865

[Laveau 67]

Hello,

I understand that if a sponser moves he is suppose to fill out and send in an I-865. The sponser's spouse has a 10 year green card. I read that the sponser has an obligation to send in the I-865 UNLESS his spouse has earned 40 quarters of work( there were other reasons as well, of course). I am assuming that 40 quarters is about 10 years but do these 40 quarters start adding up from the time the greencard was received (May 2005) or from the time the spouse started working in the USA (some time in 1996).

Thanks!

[Kez/JWolf 6]

I would assume its from the date the the Greencard was approved... and yes it works out to be 10 years...

Kezzie

[motu 6]

No, it will be from all the time that you worked using the same SSN (some people have used fictitious SSN and they lose out unless they can transfer the credits _ I don't know if that's possible.) The 40 quarters make you vested - means you are eligible to receive social security when you retire and yes - my year and a half of SSN work is credited towards my SSN kitty - the 1.5 years was on a student visa and then I obtained the Greencard and the SSN reports I receive every year list the prior credits on it! How this is all used by the Immigration people is another story - but I would assume when you are vested the I864 is off! Good Luck

Edited March 31, 2006 by motu

[meauxna 15]

No, it will be from all the time that you worked using the same SSN (some people have used fictitious SSN and they lose out unless they can transfer the credits _ I don't know if that's possible.) The 40 quarters make you vested - means you are eligible to receive social security when you retire and yes - my year and a half of SSN work is credited towards my SSN kitty - the 1.5 years was on a student visa and then I obtained the Greencard and the SSN reports I receive every year list the prior credits on it! How this is all used by the Immigration people is another story - but I would assume when you are vested the I864 is off! Good Luck

That's how I understand it too.

[Kez/JWolf 6]

I was told at my interview when I asked about joint sponsors duties that its 40 quarters from the date you are approved as CPR/PR.. not from when you start working prior to CPR/PR...

Kezzie

[hcj 0]

No, it will be from all the time that you worked using the same SSN (some people have used fictitious SSN and they lose out unless they can transfer the credits _ I don't know if that's possible.) The 40 quarters make you vested - means you are eligible to receive social security when you retire and yes - my year and a half of SSN work is credited towards my SSN kitty - the 1.5 years was on a student visa and then I obtained the Greencard and the SSN reports I receive every year list the prior credits on it! How this is all used by the Immigration people is another story - but I would assume when you are vested the I864 is off! Good Luck

That's how I understand it too.

Me three.

Also see this memo from the old INS, which says that if an alien already has 40 quarters of work, an affidavit of support is not required at all. So it seems they definitely count the work you did prior to getting your GC.

http://www.shusterman.com/pdf/as51701.pdf

I was told at my interview when I asked about joint sponsors duties that its 40 quarters from the date you are approved as CPR/PR.. not from when you start working prior to CPR/PR...

Kezzie

Hey Kezzie -- lucky for you, I think your AO was wrong!!

[tomica52 0]

Why does this matter again?? I figure that was just one of the formalities they put on there. You know one of those things that never comes up...

[ktun 0]

I think it probably matters an awful lot to sponsors to know when their legal obligations to maintain the immigrant at 125% of the poverty level expire. I think it would be a great relief if, for example, you were the sponsor or co-sponsor for someone who had already been working in the U.S. for say 4 (or insert another #) years on a valid SSN to find out that your obligation will end sooner than you thought.

I think it could actually be an issue for a sponsor/co-sponsor. I'm sure someone will correct me if I'm wrong, but my understanding is that as an immigrant you an not eligable/entitled to receive certain means tested public benefits. If you claim these benefits and it is later discovered that you were not entitled to them because of your immigrant status you and your sponsors will be held responsible for repaying these amounts. The I-864 is a binding legal contract and by signing it you agree to those terms and conditions attatched to it.

However, I thought there is a clause in the I-864 that states that a sponsors obligation ends also when the immigrant becomes a U.S. citizen. So, I guess in this sense they might only be legally bound by the affidavit for 3 years in the case of a spouse (if the spouse chooses to become a citizen).