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Using 40 Qualified Quarters of Work if Worked Illegally.

Austin, TX |

My spouse does not make enough to sponsor me on form I-864 but I worked without permission using my own SS#. None of our friends or family makes enough to help us because they have dependent children and they don't make the mark. If I have earned 40 qualified quarters of work, can I use that and instead file form I-864W?

Attorney Answers 4

Posted

THE INS MEMO NOTES THAT, UNDER INA SECTION
213(A)(A)(3)(A), THE REQUIREMENT FOR VISA PETITIONERS TO
PROVIDE THE I-864 AFFIDAVIT OF SUPPORT TERMINATES ONCE THE
SPONSORED ALIEN HAS WORKED, OR CAN BE CREDITED WITH, 40
QUALIFYING QUARTERS OF COVERAGE UNDER TITLE II OF THE
SOCIAL SECURITY ACT. THIS SECTION CORRESPONDS TO 8 CFR
PART 213(A)(2)(E)(1)(I)(B), WHICH STATES THAT [THE
SPONSORS SUPPORT OBLIGATION WITH RESPECT TO A SPONSORED
IMMIGRANT TERMINATES BY OPERATION OF LAW WHEN THE SPONSORED
IMMIGRANT] HAS WORKED, OR CAN BE CREDITED WITH, 40
QUALIFYING QUARTERS OF WORK; PROVIDED, THAT THE SPONSORED
IMMIGRANT IS NOT CREDITED WITH ANY QUARTER BEGINNING AFTER
DECEMBER 31, 1996, DURING WHICH THE SPONSORED IMMIGRANT
RECEIVES ANY FEDERAL MEANS-TESTED PUBLIC BENEFIT.

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3 comments

Asker

Posted

Does it matter whether or not it was authorized employment?

Boris Alexander Palant

Boris Alexander Palant

Posted

If you read the instructions for I-864W you will note that nowhere does it say that employment must be authorized.

Asker

Posted

Thank you sir! The responses above from other lawyers indicated only authorized employment and needed to confirm. Your advice is very much appreciated.

Posted

It's important to obtain counsel who can review your immigration history, unauthorized employment details and compensation documents to adequately advise.

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Posted

No. Unauthorized employment does not count.

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Asker

Posted

I am confused because the lawyer below states that it does not mention whether or not employment should be authorized on form I-864W. Can you clarify this for me please?

Karen-Lee Pollak

Karen-Lee Pollak

Posted

You cannot rely on his income if he worked without lawfully work authorization and does not have valid work authorization now.

Asker

Posted

My spouse is an American Citizen born here but he does not meet 125% above the poverty guidelines. I am the one that worked without authorization as noted in my question above and he is petitioning for me.

Karen-Lee Pollak

Karen-Lee Pollak

Posted

you need a joint sponsor. your income does not count

Asker

Posted

Thank you.

Posted

The general rule is that you may file form I-864 W if you have 40 qualified quarters. Some immigration officers may take the position that you are not eligible under I864W because you earned the 40 quarters while you were not authorized to work. You could use your entire household income to meet the I864 requirements.Assuming that you entered the USA legally or qualify under 245(i) one may file the I130, I-485 and I-765 together.You should consult a competent lawyer before filing any of these documents.I have successfully dealt with this same issue in the past. I suggest that you consult a competent lawyer to resolve this issue. This is a general advice and should not be construed as legal advice.

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Asker

Posted

Thank you sir for taking time to answer my question in depth. You have clarified everything to me and I will be able to make an informed decision. I will heed your advice and find an experienced attorney. I appreciate your time.

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