Joint sponsor

[Suparth]

My son is turning 21 in a couple months and will
Be petitioning for our greencards. He is a college student and works part time. Us, his parents, have been working in the US for the past 11 years on valid work visas. Myself, his Father have earned 40 work credits already as per the social security records. Does this exempt me and my wife from obtaining a Joint sponsor, or do we still need to provide one? Pls advice

 

[newacct]

That's correct. You don't need an I-864, so you don't need a joint sponsor.

 

[Suparth]

Thank you for your response. Is there any chance of getting an RFE for not providing a Joint sponsor and availing of the 40-credit exemption? I’d like to make double-sure before proceeding with this.

Also, even if only I have the 40 credits, my wife would also automatically qualify for the exemptions, right?

Lastly, do we also need to show our assets and income if we’re availing of the 40-credit exemption?

Thank you so much for your time!

 

[newacct]

s there any chance of getting an RFE for not providing a Joint sponsor and availing of the 40-credit exemption?

In the last year, there have been many reports of people claiming the exemption on the I-485 getting an RFE for an I-864. This is almost certainly USCIS's mistake, probably because the place to claim an exemption moved from the I-864W to the I-485 itself, and they haven't updated their internal procedures. If that happens, you just need to send the I-485 page claiming the exemption again.

Also, even if only I have the 40 credits, my wife would also automatically qualify for the exemptions, right?

One can claim the credits earned by one's spouse during the period of marriage. So if 40 credits were earned by you during the period of your marriage, then she can claim them. She would need to attach the marriage certificate to prove this.

Lastly, do we also need to show our assets and income if we’re availing of the 40-credit exemption?

No, because the assets are only for meeting the I-864 required level, but you are exempt from the I-864 in the first place.