wildestkabs

Hi all,

This topic was discussed in great length on visajourney. I myself got the chance to understand SSA and their interpretation of 40 quarters and their subsequent fulfillment. I just thought I would post this on BE to get some more advice/inputs.
Any, here is the issue.
My wife was previously married.While filling up the I-864, we did not mention her previous ex as one the immigrants whom she is still obligated to support under a previously signed I-864. The reason was that we believed that he had fulfilled the I-864 requirement as he was working 2 jobs and had been in the US for a significant period of time working. However, when we actually got to understand SSA and their interpretation of 40 quarters and their subsequent fulfillment (thats another story), we realised that we had made a mistake and that her ex had actually not fulfilled the quota and my wife was still obligated to support him. We now have a new I-864 ready for the Consular interview, which, is a few days away from now. The household size on the 1st I-864 is 3 and on the corrected one is 4.
I would like to know what are the possible implications of this error? We realise that it a serious error, albeit an honest one. Also, we think, that it cannot be categorised as a "material misrepresentation of facts", coz I, the beneficiary, will be offering the CO with a new and corrected I-864, so I am neither misrepresenting nor hiding anything .
Also bear in mind that the increase in the household size has in no way, altered or affected my wife's ability to provide support. She was making above the poverty guidelines when we filled up the 1st I-864 and she is still making above the guidelines, even after the increase in the household by one. The poverty guidelines that we have used for the new form are the 2005 guidelines.
My main question is the Consular interpretation on this issue and their subsequent reaction to the error? Is this a serious problem and can I face a potential denial? I have heard that Consular Officer's are not as well trained in immigration law as USCIS, DHS or CBP officers are. This has me slightly worried.
Is this really serious or am I worrying unnecessarily?
Inputs would be immensely appreciated.
Wild

Folinskyinla

Hi:

It has to be "wilfully" and by the "alien" to count. Also, timely retraction does the bit.

wildestkabs

Mr Folinsky,

Thanks for your reply. I have some more questions. I don't know whether you will reply or not, but even if you don't, I would still be thankful to you as your answer has made me feel very relieved.
The main reason why we thought that he had not finished off with his 40 quarters was on the basis of this information:

We think that, based on this information, the moment my wife and him got divorced, wife's quarters were withdrawn and he was left with just his own. Is our interpretation correct?

USA & Pakistan

I interpret that blurp to be in relation to applying for SSI not for satisfying the terms of the I-864. Where do you see that a spouse's work can apply to the required 40 quarters required by the alien? I haven't heard of this before. That would be cool if it were true, but somehow i doubt that they make it that easy. I have only read that the 40 quarters have to be completed solely by the alien.

Good Luck!
Marnee

P.S. you have a much better chance of getting an attorney to respond in your post if you do not specifically address questions to them.

wildestkabs

Hmmm. Ok, so you might want to go through this..

http://www1.dshs.wa.gov/esa/eazmanua...RestricFSP.htm

PS - Anybody who can help me is welcome to reply and not just a particular individual. Since F was the first to respond, I posed the second quesiton to him as well. That's it

HunterGreen

'The page cannot be found'.

Btw, www.tinyurl.com is a very helpful site and also keeps links readable for usenet users.

Elaine

Rete

Since you are an active member of VJ, I'm assuming that your knowledge was provided by Michael Young the member of the group who works for the SSA. Michael is very knowledgable and will research the question for you as I'm assuming he did.

As Mr. F responded, the US Consulate should not have any problem in accepting the reason why your wife made the mistake of not providing the information that she was indeed still liable under the affidavit of support she submitted for her former husband. Honest mistakes happen frequently and if you are upfront and correct the mistake there shouldn't be any problems attached to not having supplied this information in the first place.

Rete

HunterGreen

I hate when a page doesn't wanna come up, so I did some Googling myself and I am actually shocked... lol.

When reading the INA 213A(a)(3)(B)(ii) (see uscis.gov at http://tinyurl.com/3p847) it does specifically say that an alien ''shall be credited with 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.''

So that would indeed mean that the I-864 is not enforceable after both the alien and their spouse worked for 20 quarters each - let's just keep it simple and say '5 years'. Well that really should put an end to people believing the I-864 is 'for 10 years'. It would also mean, that if the USC remained in the workforce for 10 years (a continuous 40 quarters) and the alien spouse never worked or naturalized, the I-864 WOULD in fact become not enforceable after 10 years.

Somehow I'm thinking I'm not understanding this correctly. I've been around for 4 years and this (being credited with the spouse's quarters) has never come up until now.

Elaine

bionomique

The alien can receive credit for the spouse's work quarters, under the following circumstances:
a) alien's income meets the minimum required earnings for each quarter (I think it is currently $830.00 earned a month, of course SS tax paid on it)
b) spouse meets the minumum requirement as above
c) if alien or spouse works less then 3 months per quarter, but meet the quarterly earnings and soc sec deposit requirement, then they are credited with one quarter, but cannot be credited with more than 4 quarters can per year
d) alien and spouse remain married, and if they divorce, then
e) an SSA determination is done after the 40 quarters has been met, and prior to a divorce.

HunterGreen

AND:

''No such qualifying quarter of coverage that is creditable under title II of the Social Security Act for any period beginning after December 31, 1996, may be credited to an alien under clause (i) or (ii) if the parent or spouse (as the case may be) of such alien received any Federal means- tested public benefit (as provided under section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996) during the period for which such qualifying quarter of coverage is so credited.''

USA & Pakistan

And i was afraid that i was the last one to find out! That is really cool if that is truely the case. 5 years would also match the time that immigrants are not eligible for foodstamps, etc.

Marnee

Rete

I'd heard of it before but it was my belief that the shared quarters were not for the purpose of terminating the I-864 as per fulfillment of 40 quarters but for the many benefits of social security, i.e. retirement, disability, medicare, if the foreign spouse has not worked the required 40 quarters to qualify on their own.

bionomique

Actually I think this is referred to as sponsor deeming.

An immigrant can apply for certain federal means-tested public benefits, such as food stamps, Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI), Medicaid, and State Children’s Health Insurance Programs (SCHIP). When doing so, the sponsor’s income and resources will be counted as available to the immigrant. Otherwise known as "sponsor deeming".

A sponsor’s responsibility begins based on a Form I-864 filed by the sponsor. The sponsor's responsibility continues until one of the following occurs:

*Alien becomes a U.S. citizen.
*Alien is credited with 40 quarters (approximately 10 years) of work history according to the records of the Social Security Administration, either based on alien's own work or the work of his/her spouse or parent. (Credit for 40 quarters can be acquired from a spouse during marriage, a significant other if holding themselves out as "married", and/or the alien's parents for any work performed before the alien turns 18 years old.)
*Alien leaves the U.S., permanently abandoning residence.
*Alien or the sponsor dies.

If any of these events occur, the sponsor’s income is no longer deemed available to an alien when he/she is seeking public benefits. However, there may be other eligibility requirements related to immigration status that make an alien ineligible for public benefits.

Aliens, who entered the U.S. for the first time after August 22, 1996 (on the basis of a family-based or employment-based application), are not eligible for public benefits for a period of 5 years after entering the United States, due to the fact that Form I-864 has only been in use since December 19, 1997.

Sponsor deeming does not apply in all cases. The provisions arise when applying for one of the federal means-tested public benefits programs, including food stamps, TANF, SSI, non-emergency Medicaid, or SCHIP.

wildestkabs

Rete,

Michael Young = mdyoung?

No, he had nothing to do with this. I did the entire research myself.

wildestkabs

bionomique,

Add to that another situation: Divorce and re-marriage. In that case as well, the USC's credits once again get added.