Affidavit of support

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whatamIthinking

Registered Users (C)
Hi all,

I'm married to a US citizen for 2 years.

My query is: By 2007, I will have worked in the US for a total of 10 years (six years on J-1, 2 years home residence requirement completed, then 4 years on H-1B).
I understand I can obtain my tax records for these time periods from the INS.

Is it true that, with 40 work quarters completed, an affidavit of support is not needed when filing for green card through marriage to USC?
 
no

I think an affidavit of support is still needed.

However if your wife does not make enough money to sponsor you you can simply include your own money and fill out form I-864A.

So in a roundabout way you are actually sponsoring yourself.

All you have to establish is that you have sufficient resources so that you won't ever fall into poverty.

Once you reach 40 quarters of work your wife thus becomes no longer financially obligated to you (legally speaking)
 
yes but you still have to file the affidavit of support even if it may not be necessary.

they won't accept your application without it.
 
Thanks for the input and the link - most helpful.
Yes, my wife has only worked intermittently for low salary, and also has not yet filed tax returns for years. We're in the process of straightening this out.

If I can potentially "sponsor myself" on the affidavit, or eventually use the 40 quarters rule, that would solve this issue.

Thanks again!
 
right

but you still have to fill out the proper forms showing that you "will not become a public charge"

this is just a matter of filling out the right forms properly

the fact is that you do qualify

so don't think you have to get yourself another sponsor or anything like that.

call INS if you need specifics on what forms to use and how to fill them out.

good luck to you
 
whatamIthinking said:
By 2007, I will have worked in the US for a total of 10 years (six years on J-1, 2 years home residence requirement completed, then 4 years on H-1B).I understand I can obtain my tax records for these time periods from the INS.
Click to expand...

Aren't J-1s exempt from paying FICA, and therefore those years don't qualify for the 40 quarters?
 
That's strange.
All I know is that I payed my taxes (State and Federal) for those 6 years. I believe IRS has those records.
 
Last edited by a moderator:
whatamIthinking said:
All I know is that I payed my taxes (State and Federal) for those 5 years. I believe IRS has those records.
Click to expand...

Yes, but did you pay FICA (SS/Medicare)? The 40 quarters is the same figure they use for SS/Medicare benefit eligibility, so I suspect that what they're interested in are FICA contributions, not taxes. I don't know for sure, but you might want to check this.
 
I don't know whether I did or not. Just figured my tax returns would prove the length of time I had been employed i.e. 10 years, and "not been a public charge".
Obviously, this is a complex issue.

Probably best if I discuss this with an attorney nearer the time.

Thanks for the input
 
Why dont you just fill it out and be done with it???? i dont think its that hard, just fill in the blanks and some bank statements and you will breathe easier, c'mon
 
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