College student child over 21 filing for mom.

ekulions

New Member
My niece who is a third year student in college just submitted an I-130 and I-485 for her mother. However, she does not have any income to file a form I-864. Her cousin completed the I-864 as a joint sponsor. Last week she received a letter from the USCIS requesting that my niece should still submit an I-864 even with a joint sponsor. My two questions are:

1. Does she complete the I-864 form with a letter indicating that she is a student therefore the joint sponsor?

2. Her mother has been here long enough to have have earned over 40 quarters of social security credits. Could she file the I-864W?

Thanks for your answers.
 
1. Yes, the petitioner always needs to be a sponsor and always needs to submit an I-864. No explanation is necessary.
2. Yes, if the mom really has 40 quarters of credit. But just being here doesn't mean she has that many quarters of credit.
 
1. Yes, the petitioner always needs to be a sponsor and always needs to submit an I-864. No explanation is necessary.imber 2
2. Yes, if the mom really has 40 quarters of credit. But just being here doesn't mean she has that many quarters of credit.

Thank you so much for your response. In regards to no 2, the mother has been working, paying and filing taxes for over 20 years.
 
Thank you so much for your response. In regards to no 2, the mother has been working, paying and filing taxes for over 20 years.

Good. Then your niece can respond by sending an I-864W instead of I-864 (assuming she has been paying into Social Security for 10+ years ... note that some workers in the US, including legal residents and citizens, legitimately don't pay into Social Security because they pay into something else or are otherwise exempt).
 
Good. Then your niece can respond by sending an I-864W instead of I-864 (assuming she has been paying into Social Security for 10+ years ... note that some workers in the US, including legal residents and citizens, legitimately don't pay into Social Security because they pay into something else or are otherwise exempt).
Thank you so much for your response. It is extremely helpful. She does have over 40 quarters credit based on her recent SSA statement.
 
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