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Why would somebody who has worked and paid taxes for more than 40 quarters need an affidavit of support?

Brooklyn, NY |

If my husband has worked with a valid social security number for 20 years now, and has paid more than 40 quarter of taxes. Why does he need an affidavit of support? wouldn't that defeat the purpose?

Attorney Answers 3

Posted

I disagree. No affidavit of support is needed if he has 40 quarters of Social Security.

Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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Posted

I agree with you, because at the end of the day, if the person who has worked more than 40 quarters with a valid social security number, legally or illegally, gets approved, those 40 quarters would still be there hence the affidavit of support wouldn't serve not purpose anyway. It is not like they are going to erased those 40 quarters from his records just because he worked illegally. Looking at the form to fill out for an exemption, it doesn't state anywhere in the form where the quarters were legally or illegally worked.

Posted

Because the federal government requires it for any adjustment of status as statutorily mandated.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois

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Posted

Thanks a lot. I was reading online that if you had worked 40 quarters with valid social security number you didn't have to file an affidavit of support.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

That is false. Please retain a counsel to avoid further legal mistakes.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

Thank you for marking the opinion helpful.

Posted

I agree with Alexander and disagree with Carl. Respectfully so, though. Only authorized employment is counted towards the 40 quarters period. To answer your question, the idea behind the Affidavit of Support is to make sure that the individual does not become burden on the already overloaded back of the US taxpayers. The statutory language is not clear, hence the difference in interpretation.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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