tshaalan1

Does it matter if the USC spouse is on unemployment? The alien spouse is the one who is employed and supporting the family.

The alien spouse has accumulated more than 40 work units with social security and I read somewhere before that if this is the case, then an I-864 is not needed to be filed by the USC on behalf of the alien spouse. Is this True?

Noorah101

40 work units is about 10 years of full-time work. If he/she's worked that long, there won't be any more need for I-864 at all...would have a 10-year green card or be a citizen by that time. At least that's how I figure it.

What stage of immigration are you at?

Rene

ian-mstm

In what context do you ask? Is there a specific application you're filing, or is this just a general question?


My understanding is that the I-864 *must* be filed, however, if the alien can demonstrate 40 quarters of qualified earnings, then the USC is released from their obligation of support. I believe you must still file the I-864.

Ian

tshaalan1

I am in AOS right now filed back in April/2005. But I have been in the US since 1997 on student visa and then h1 work visa. So i have well over 40 units. Its actually less than 10 years because i think the calculation is based on how many hours you worked in a year, so if you put in alot of overtime, you could be credited with more than 4 units for that year.( Based on my social security statements)

Back to the subject; My USC spouse lost job a while back and having a difficult time trying to find another one and is now on unemployment. USC spouse is thinking about going back to school instead, possibly in another state, while I the alien will remain here for work.

Will this affect the AOS process?

hcj1440

That would be the logical conclusion since the sponsor is released from his/her obligations when the sponsored immigrant can be credited with 40 quarters of work, but I have never seen anything that says you don't still have to file the darn thing.

Worse comes to worst, in your case, you could use your own income to qualify if you have been married and living together for more than 6 months.

As for whether it would affect your AOS if your spouse were to attend school in a different state, it will not affect you as long as you can prove that you have a real relationship and are truly married. Save all your ticket stubs and receipts from when you visit each other, save your itemized phone bills, etc.

EDITED for typo

meauxna

That is not how the SS reporting works. It is impossible to earn more than 4 units a year, yourself.

Anyway, last time, you said that you are the USC.

So what is it? Busting more marriage frauds or setting up your own shingle and charging for the service?

Noorah101

So the USC has already filed the I-864 on your behalf, and your next step is the interview. Normally, if something changes in the sponsor's income scenario, a new I-864 is handed over at the interview. If the alien has been living in the household for 6 months or more, his/her income can usually be included with the USC's income. And, I *think* unemployment income can be used for the I-864 toward qualification...but I'm not 100% sure.

As for you having already worked the 40 quarters, I suppose at the interview if you can prove that, the sponsor can be released from having to provide an I-864, but again I'm not sure.

Rene

tshaalan1

Thats what I was thinking, the social security statments can be presented at the interview.

Thanks for the help.

CAsunlover

This is what SS says about earning your credits:
In 2004 if your net earnings are $3600 or more, you earn the yearly MAXIMUM of four credits.- one credit for each $900 of earnings during that year.

ian-mstm

Alas, this is wrong... you can only earn 4 credits per year maximum regardless of your income. That said, you do not have 40 qualified work credits. This doesn't much matter though because if you have been living together for more than 6 months, then your earnings can be included on the I-864 in which case it won't much matter if the USC spouse is unemployed as long as your income meets the 125% level for your family size. You must still file the I-864.

Ian

Rete

Your social security statements are worthless. Bring tax returns. You have not worked 40 quarters. You have only worked 4 quarters a year. End of story.

Are you perhaps running a newsforum on the side and posting this questions so that you can go back and answers questions there?

tshaalan1

no, I am not running a news forum on the side or front or back. My SS statemnts do say that I have 40 credits. Its staring me in the face here.

Thanks for your help anyway

scrubbedexpat099

http://www.ssa.gov/glossary.htm#Q

They are now called credits but it clearly states 4 max per year.

Perhaps you have been here longer than you thought?

jeffreyhy

tshaalan,

As others have already posted, you cannot be credited with more than 4 units per year.

However, no one has mentioned that you are credited with your husband's credits as well as your own as long as you are married to him at the time the accounting is done. I don't know if you have the credits your husband has earned during the marriage only, all of his credits since he started earning them, or his credits for some other period of time.

Regards, JEff