• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

what are 'qualifying quarters' of work?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

aant

Member
What is the name of your state? GA
Form I-864 (9-18-98) says "a sponsor's obligation continues until the sponsored immigrant...can be credited with 40 qualifying quarters of work" and I'm wondering what constitutes 'qualifying.' Is 'quarter' defined as 3 months' worth? And how would it be credited - via W-2? Or does the sponsored have to apply for credit?
In case it isn't obvious, this I-864 is an affidavit of support that went with I-485 (adjustment of status). The sponsor is a spouse.
One more question, is the I-485 still in effect?
 
Last edited:


ImmigAttyLana

Senior Member
It means that the obligation on the affidavit of support essentially continues for 10 years unless the person becomes a US citizen before that.
 

evcalyptos

Senior Member
What is the name of your state? GA
Form I-864 (9-18-98) says "a sponsor's obligation continues until the sponsored immigrant...can be credited with 40 qualifying quarters of work" and I'm wondering what constitutes 'qualifying.' Is 'quarter' defined as 3 months' worth? And how would it be credited - via W-2? Or does the sponsored have to apply for credit?
In case it isn't obvious, this I-864 is an affidavit of support that went with I-485 (adjustment of status). The sponsor is a spouse.
One more question, is the I-485 still in effect?

It's not quite as simple at "ten years", depending on how much the immigrant works/earns. Ten years is the soonest that 40 quarters can be earned (there is a max. of 4 credits per year) but it could clearly take longer if the person worked part time or didn't work at all.
There is also a formula for adding the USC spouse credits on to the immigrant, but in the case of a divorce (which does NOT discharge the I-864), the USC's credits don't stay with the immigrant spouse.

Bottom line: Plan on having the I-864 in effect for a long, long time. On a brighter note, naturalization to US citizenship DOES discharge the I-864, and that can be accomplished in less than 5 years. Most nationalities can have dual citizenship, but you should always investigate the policies of the foriegn home gov't to make sure--ex: Germany, you need to get Germany's permission before you take US citizenship if you want to hold both.

You can read more about SS credits and how they are given from ssa.gov here: http://tinyurl.com/2t88xj

The I-485 is an application that concludes with a decision, at some point (3-30 months from submission). The decision will either be 'yes', making the applicant a Legal Permanent Resident or 'no' which comes with an invitation to leave the US ASAP.
 

aant

Member
Thanks very much to you both for your clarification.
Incidentally this forum seems to be floating in friendlier waters than some others...glad to be here. I guess it's all about the nature of the subjects being discussed. They certainly all have their value though.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top