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?
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.
It's important to obtain counsel who can review your immigration history, unauthorized employment details and compensation documents to adequately advise.
No. Unauthorized employment does not count.
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.