When does that 10 years of support start and end? I-864

[Cali_D 43]

Question(s):

I just want to know about the affidavit of support ( I-864). I know you must support your spouse for 40 quarters or 10 years. When does the clock start for that 10 years?  

 

I was married for 4 years (to an immigrant on a k-1 visa), we have been divorced now for 1 year. When does the 40 quarters of support start? Do I count the time we were married? Do I have 5 more years or support (counting married time) or 9 more years of support (starting from divorced date)?

 

More info: 

Ex-wife (immigrant) did not work during marriage and still does not work. 

For this question, assume she will not remarry or leave the country permanently, as I realize this ends the need for support.

[Boiler 45,445]

There is no 10 year limit. 

 

Now she could die or leave the country. Remarry sounds more like a divorce obligation issue.

[powerpuff 6,680]

~~ Topic moved from K1 forum to General Immigration discussion forum as this is a general I-864 question ~~
 

Your understanding is not quite correct. Your obligations do not end - in other words they can go on indefinitely/forever - until one the following happens which ends your responsibility:

 

1) the immigrant, your ex spouse, becomes a Us citizen 

2) the immigrant has worked 40 quarters (usually 10 yrs)

3) the immigrant leaves and abandons US residency 

4) the immigrant dies

 

The immigrant Remarrying doesn’t end your obligation. 
 

Looks like it’s in your best interest she becomes a US citizen 

Edited July 13, 2023 by powerpuff
Grammar, clarity, moved topic

[Cali_D 43]

I'm confused. I thought I had to support her for 10 years or 40 quarters? If this is wrong, can you explain what the 40 quarters is all about? Are you saying SHE has to work for 40 quarters? 

[powerpuff 6,680]

2 minutes ago, Darryl_F said:

Are you saying SHE has to work for 40 quarters? 

Yes. I have outlined 4 instances where your obligation ends and they all have to do with the immigrant.

Edited July 13, 2023 by powerpuff

[TBoneTX 45,259]

2 minutes ago, Darryl_F said:

SHE has to work for 40 quarters

This.  ^^

[Boiler 45,445]

2 minutes ago, Darryl_F said:

I'm confused. I thought I had to support her for 10 years or 40 quarters? If this is wrong, can you explain what the 40 quarters is all about? Are you saying SHE has to work for 40 quarters? 

She has to qualify for 40 quarters. Work is one way. She may get quarters based on your contributions etc.

 

Best bet is to read the I 864 you signed.

 

[Cali_D 43]

Wow. So that fact that I pay her thousands of dollars every month means she will never need to work, and therefore I will pay forever. Great.

[Crazy Cat 41,811]

4 minutes ago, Darryl_F said:

Are you saying SHE has to work for 40 quarters? 

She has to accumulate 40 quarters of work credit.  

[Mike E 11,739]

5 minutes ago, Darryl_F said:

Question(s):

I just want to know about the affidavit of support ( I-864). I know you must support your spouse

you must support you beneficiary for life, until a U.S. citizen, loss of LPR status, death, or can be credited with 40 SS credits

5 minutes ago, Darryl_F said:

for 40 quarters or 10 years. When does the clock start for that 10 years?

it starts from  the moment the beneficiary  starts getting SS credits 

 

 

 

 

5 minutes ago, Darryl_F said:

 

I was married for 4 years (to an immigrant on a k-1 visa), we have been divorced now for 1 year.

Had  you clocked a combined 40 credits while married to an LPR, at least one state supreme court says you would be free. 

5 minutes ago, Darryl_F said:

 

When does the 40 quarters of support start?

from when the beneficiary starts working in the U.S. 

5 minutes ago, Darryl_F said:

 

 

More info: 

Ex-wife (immigrant) did not work during marriage and still does not work. 

For this question, assume she will not remarry or leave the country permanently, as I realize this ends the need for support.

You need to get her to naturalize.

[Crazy Cat 41,811]

4 minutes ago, Darryl_F said:

Wow. So that fact that I pay her thousands of dollars every month means she will never need to work, and therefore I will pay forever. Great.

You are obligated until one of the following happens:

1.  She becomes a US citizen.

2.  She accumulated 40 quarters of work credit.

3.  She leaves the US and loses her legal staus.

4.  Dies.

It is in your best interest that she becomes US citizen ASAP.

Edited July 13, 2023 by Crazy Cat

[Cali_D 43]

It sounds like I may be able to count the time I have supported her. We got her a social security number immediately when coming in the US and I put her on my tax returns each year. I am guessing those count. 

[Boiler 45,445]

I would not say support, now the I 864 has been used in Divorce settlements but they seem to be beyond this.

 

I have not seen a case reopened but not saying it could not.

[Crazy Cat 41,811]

Just now, Darryl_F said:

I am guessing those count. 

Taxes are irrelevant.

[Boiler 45,445]

Just now, Darryl_F said:

It sounds like I may be able to count the time I have supported her. We got her a social security number immediately when coming in the US and I put her on my tax returns each year. I am guessing those count. 

About 16?