I-864 revisited

[tywy_99]

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?

That's one left up to the courts, my friend. There is no direct and conclusive answer to such an involved set of circumstances when dealing with the I-864, SSA credits, marriage, and divorce.

Boy, what a mess!

I wish that on no one!

[Randy W]

 

That's one left up to the courts, my friend. There is no direct and conclusive answer to such an involved set of circumstances when dealing with the I-864, SSA credits, marriage, and divorce.

Boy, what a mess!

I wish that on no one!

 

Yes - the I-864 is enforced when the alien takes it to court, or the US government. It seems to me that no lawyer worth his pay would have any trouble proving that the alien was already living on an amount somewhere near the poverty level, whether due to someone's good graces or his/her own efforts.

[Randy W]

40 quarters exemption for aliens who have already worked the 40 quarters.

 

This is basically the Social Security guideline for benefit elligibility that we're looking at here, not a DHS regulation.

[Randy W]

 

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=

 

 

. . . AND . . . while married, you/she (whoever) earn whatever credits the spouse earns (whether you/she work or not). The I-864 specifically says that the contract is in effect until:

When Will These Obligations End?

Your obligations under a Form I-864 will end if the person who becomes a permanent resident based on a Form I-864 that you signed:

Has worked, or can be credited with, 40 quarters of coverage under the Social Security Act;

Bottom line, however, is that it's your lawyer against hers. Whatever judgement is made, you both live with it.

 

A lawyer can agree to anything he wants on your behalf.

Edited June 3, 2007 by Randy W (see edit history)