lostinblue Posted June 2, 2007 Report Share Posted June 2, 2007 What is involved with being a co-sponsor? What are the financial requirements?http://candleforlove.com/forums/index.php?showtopic=19231There is a discussion on the dangers of the I-864 in the past but I cannot seem to bring it up on search ( I am working on about 5 hours sleep sorry)Is this the one you spoke of? YES http://candleforlove.com/forums/index.php?...c=21169&hl= Link to comment
rlheim Posted June 2, 2007 Report Share Posted June 2, 2007 (edited) The I-864 is a hard thing to swallow. As we all have said in the past it is dangerous! http://www.ilw.com/articles/2006,0110-wheeler.shtm http://www.ilw.com/articles/2006,0608-mehta.shtm Edited June 2, 2007 by rlheim (see edit history) Link to comment
mchina34 Posted June 2, 2007 Report Share Posted June 2, 2007 The I-864 is a hard thing to swallow. As we all have said in the past it is dangerous! http://www.ilw.com/articles/2006,0110-wheeler.shtm http://www.ilw.com/articles/2006,0608-mehta.shtm That's total BS! Everyone has to do a I1864 for the AOS, right? I don't want to hijack the thread, but it mentions in the second link, that the sponsor is responsible for the immigrant until the immigrant reaches 40 credits. How long does it take to accumulate one working credit? Link to comment
lostinblue Posted June 2, 2007 Author Report Share Posted June 2, 2007 The I-864 is a hard thing to swallow. As we all have said in the past it is dangerous! http://www.ilw.com/articles/2006,0110-wheeler.shtm http://www.ilw.com/articles/2006,0608-mehta.shtm That's total BS! Everyone has to do a I1864 for the AOS, right? I don't want to hijack the thread, but it mentions in the second link, that the sponsor is responsible for the immigrant until the immigrant reaches 40 credits. How long does it take to accumulate one working credit?It would appear that the disproportionate use of benefit programs by the foreign-born is confined largely to Supplemental Security Income program for the aged, blind, and disabled. This is not too surprising when one considers eligibility criteria for the main source of income for the elderly, the social security program. Social security requires beneficiaries or the spouses of beneficiaries to have worked for forty quarters, which is ten years. It is much more likely that native-born Americans as compared with immigrants, will meet the work-quarter requirement. Most, though not all, social security recipients would be income ineligible for SSI. By contrast, needy elderly who do not receive social security generally qualify for SSI. http://www.utexas.edu/lbj/uscir/032795.htmlI think it is around 800 Dollars per quarter year you need to count(not certain) Link to comment
dnoblett Posted June 2, 2007 Report Share Posted June 2, 2007 (edited) The I-864 is a hard thing to swallow. As we all have said in the past it is dangerous! http://www.ilw.com/articles/2006,0110-wheeler.shtm http://www.ilw.com/articles/2006,0608-mehta.shtm That's total BS! Everyone has to do a I1864 for the AOS, right? I don't want to hijack the thread, but it mentions in the second link, that the sponsor is responsible for the immigrant until the immigrant reaches 40 credits. How long does it take to accumulate one working credit?Not 40 credits, it is 40 Quarters, 1 quarter is 3 months, so 40 quarters is 10 years, however I believe it is half that if married two a US citizen for 5 years, due to the US citizen's quarters of work also being counted. 5. INA SECTION 213 (A)(A)(3)(B ) NOTES THAT, IN DETERMINING THE NUMBER OF QUARTERS, THE 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. (NOTE: TITLE II OF THE SOCIAL SECURITY ACT REFERS TO FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE BENEFITS.) http://travel.state.gov/visa/laws/telegram...grams_1381.html Edited June 2, 2007 by dnoblett (see edit history) Link to comment
Randy W Posted June 2, 2007 Report Share Posted June 2, 2007 (edited) That's total BS! Everyone has to do a I1864 for the AOS, right? I don't want to hijack the thread, but it mentions in the second link, that the sponsor is responsible for the immigrant until the immigrant reaches 40 credits. How long does it take to accumulate one working credit?Not 40 credits, it is 40 Quarters, 1 quarter is 3 months, so 40 quarters is 10 years, however I believe it is half that if married two a US citizen for 5 years, due to the US citizen's quarters of work also being counted. 5. INA SECTION 213 (A)(A)(3)( NOTES THAT, IN DETERMINING THE NUMBER OF QUARTERS, THE 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. (NOTE: TITLE II OF THE SOCIAL SECURITY ACT REFERS TO FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE BENEFITS.) http://travel.state.gov/visa/laws/telegram...grams_1381.html EXCEPT that as long as you earn the minimum amount for the year, you can earn it in one day, and it will still count as four credits AND you earn a maximum of 4 credits per year, even including your spouses credits. From How You Earn CreditsIn 2007, you receive one credit for each $1,000 of earnings, up to the maximum of four credits per year. Edited June 2, 2007 by Randy W (see edit history) Link to comment
mchina34 Posted June 2, 2007 Report Share Posted June 2, 2007 Well I'd sign up for the FFL (French Foreign Legion) before I paid even one unfair dime. Link to comment
dnoblett Posted June 2, 2007 Report Share Posted June 2, 2007 EXCEPT that as long as you earn the minimum amount for the year, you can earn it in one day, and it will still count as four credits AND you earn a maximum of 4 credits per year, even including your spouses credits. From How You Earn CreditsIn 2007, you receive one credit for each $1,000 of earnings, up to the maximum of four credits per year.Yep the quoted memo indicated that:8. THE TERM QUARTER MEANS THE THREE-CALENDAR-MONTH PERIOD ENDING ON MARCH 31, JUNE 30, SEPTEMBER 30, OR DECEMBER 31 OF ANY YEAR. QUARTERS OF COVERAGE ARE OBTAINED BY WORKING AT A JOB OR AS A SELF-EMPLOYED INDIVIDUAL, EARNING A SPECIFIED MINIMUM INCOME, AND MAKING SOCIAL SECURITY PAYMENTS ON IT. QUARTERS ARE CALCULATED BASED ON THE AMOUNT OF INCOME EARNED DURING THE COURSE OF THE YEAR, RATHER THAN ACTUAL NUMBER OF DAYS WORKED WITHIN A GIVEN QUARTER. FOR EXAMPLE, THE REQUISITE MINIMUM INCOME FOR 2001 IS USD 830 PER QUARTER. THUS ANY INDIVIDUAL EARNING THREE TIMES THIS AMOUNT DURING THE CALENDAR YEAR WOULD BE CREDITED WITH THREE QUARTERS OF COVERAGE, EVEN IF THE INDIVIDUAL ACTUALLY WORKED FOR ONLY ONE MONTH. http://travel.state.gov/visa/laws/telegram...grams_1381.html Link to comment
tywy_99 Posted June 2, 2007 Report Share Posted June 2, 2007 How to earn credits??? That's easy!.........you WORK!!! Link to comment
mchina34 Posted June 2, 2007 Report Share Posted June 2, 2007 How to earn credits??? That's easy!.........you WORK!!! Yeah, but it's her who has to work too, right? And even if not, do these credits count only AFTER you are together, or do credits earned prior to getting married count? Link to comment
Randy W Posted June 2, 2007 Report Share Posted June 2, 2007 How to earn credits??? That's easy!.........you WORK!!! Yeah, but it's her who has to work too, right? And even if not, do these credits count only AFTER you are together, or do credits earned prior to getting married count?To earn a credit, you earn $1000. Or your spouse earns $1000. Up to 4 in a year. It has nothing to do with being together. If she was here on a work visa years ago and earned $3000 (whatever the amount was then), that's 4 credits. A Social Security credit is an I-864 credit. Link to comment
mchina34 Posted June 2, 2007 Report Share Posted June 2, 2007 How to earn credits??? That's easy!.........you WORK!!! Yeah, but it's her who has to work too, right? And even if not, do these credits count only AFTER you are together, or do credits earned prior to getting married count?To earn a credit, you earn $1000. Or your spouse earns $1000. Up to 4 in a year. It has nothing to do with being together. If she was here on a work visa years ago and earned $3000 (whatever the amount was then), that's 4 credits. A Social Security credit is an I-864 credit. ""The Court in Cheshire v. Cheshire analyzed, after reviewing Section 213A, that the sponsor¡¯s obligation to support the sponsored immigrant under the Affidavit of Support only terminated upon the occurrence of one of the five circumstances: 1) the sponsor¡¯s death, 2) the sponsored immigrant¡¯s death, 3) the sponsored immigrant becoming a US citizen, 4) the sponsored immigrant permanently departing the US, or 5) the sponsored immigrant being credited with a total of 40 qualifying quarters of work. Thus, the fact that defendant had divorced his wife did not terminate his obligation to continue to support his wife. "" That's from the second link. It doesn't say how many credits I earn, it says how many the sponsored immigrant earns. So what matters is that she has to earn the 40 quarter hours, not me, otherwise 2 years later and a divorce and her not having worked, I'd still have to support her for 10 years assuming she tries to work at all. Or, until one of the other 4of5 requirements were met. Am I interpreting this incorrectly? Link to comment
dnoblett Posted June 2, 2007 Report Share Posted June 2, 2007 How to earn credits??? That's easy!.........you WORK!!! Yeah, but it's her who has to work too, right? And even if not, do these credits count only AFTER you are together, or do credits earned prior to getting married count?For the I-864, I believe it is after the couple has married. Again from the State Department Memo.14. CA/VO REMINDS INTERVIEWING OFFICERS THAT 9 FAM 40.41 DIRECTS THEM TO CONSIDER THE TOTALITY OF THE ALIEN''S CIRCUMSTANCES IN DETERMINING WHETHER AN IMMIGRANT VISA APPLICANT IS LIKELY TO BECOME A PUBLIC CHARGE. THUS, EVEN IF AN APPLICANT HAS A VALID I-864 OR PROOF OF THE 40 QUARTERS OF SSA COVERAGE, THE INTERVIEWING OFFICER SHOULD BEAR IN MIND THE BIG PICTURE AND CONSIDER ANY OTHER RELEVANT FACTS THAT WOULD INDICATE THE APPLICANTS LIKELIHOOD OF BECOMING DEPENDENT ON THE U.S. GOVERNMENT FOR SUBSISTENCE. http://travel.state.gov/visa/laws/telegram...grams_1381.html So they (GUZ) are still looking at the BIG Picture, and can set the 40 quarters exemption aside, as well as the I-864 if they feel that the applicant has a high likelihood of becoming a dependent of the US government for subsistence. Link to comment
dnoblett Posted June 2, 2007 Report Share Posted June 2, 2007 How to earn credits??? That's easy!.........you WORK!!! Yeah, but it's her who has to work too, right? And even if not, do these credits count only AFTER you are together, or do credits earned prior to getting married count?To earn a credit, you earn $1000. Or your spouse earns $1000. Up to 4 in a year. It has nothing to do with being together. If she was here on a work visa years ago and earned $3000 (whatever the amount was then), that's 4 credits. A Social Security credit is an I-864 credit. ""The Court in Cheshire v. Cheshire analyzed, after reviewing Section 213A, that the sponsor¡¯s obligation to support the sponsored immigrant under the Affidavit of Support only terminated upon the occurrence of one of the five circumstances: 1) the sponsor¡¯s death, 2) the sponsored immigrant¡¯s death, 3) the sponsored immigrant becoming a US citizen, 4) the sponsored immigrant permanently departing the US, or 5) the sponsored immigrant being credited with a total of 40 qualifying quarters of work. Thus, the fact that defendant had divorced his wife did not terminate his obligation to continue to support his wife. "" That's from the second link. It doesn't say how many credits I earn, it says how many the sponsored immigrant earns. So what matters is that she has to earn the 40 quarter hours, not me, otherwise 2 years later and a divorce and her not having worked, I'd still have to support her for 10 years assuming she tries to work at all. Or, until one of the other 4of5 requirements were met. Am I interpreting this incorrectly?A little off, if the alien does not work, the I-864 is valid until either dies, or leaves the country, not 10 years. This came up a while back in this post: http://candleforlove.com/forums/index.php?...c=21169&hl= Link to comment
Randy W Posted June 2, 2007 Report Share Posted June 2, 2007 No - you're not interpreting it correctly. The I-864 obligates the sponsor until such time as the sponsored alien can take advantage of the SSI - i.e., is eligible for welfare. The court case is exactly that - a single case whose circumstances are addressed. It is possible for an alien to sponsor themselves, and the I-864 can be waived if the alien has already completed the 40 quarters. I'll see if I can find links later. Link to comment
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