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My son (US citizen) is going to sponsor my green card petition. According to I864 instruction, I do not need to file I-864 if I have met 40 credits requirement, i.e., no sponsor necessary. Some questions and need your help to clarify.

Per I-864 exemption, “You have earned or can receive credit for 40 quarters of coverage under the Social Security Act (SSA).” 

I have worked 10 years in the US. But only 3 years show “Taxed Social Security Earnings” even though all 10 years show “Taxed Medicare Earnings” per my Social security benefit report. The reason I did not have record for 7 years because the state I worked in as a public employee in these 7 years did not participate in the federal social security program. Total 7 states nationwide did so for their public state/local employees. But I did participate in the state public employment pension program in those 7 years. Would be the state pension program eligible to count toward the social security 40 credits requirements? Many thanks.

 

 

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I doubt it.

Did your spouse work in the US? The Social Security credits earned by your spouse during the period of the marriage would also count.

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My son is a college student now and it is difficult for him to meet the 125% poverty line. I am working in the US now as TN. Also I have house and cash savings. Based on the following excerpt from I864 instruction, can my assets (house, cash) be used to serve the affidavit requirement? By the way, I am not living with my son, and mostly not in the future since I am working in a state different from the state he is studying. 

"Example of How to Use Assets: If you are petitioning for a parent and the poverty line for your household size is $22,062 and your current income is $18,062, the difference between your current income and the poverty line is $4,000. In order for assets to help you qualify, the combination of your assets, plus the assets of any household member who is signing Form I-864A, plus any available assets of the sponsored immigrant, would have to equal five times this difference (5 x $4,000). In this case, you would meet the income requirements if the net value of the assets equaled at least $20,000." (from I864 Instruction, page 10)

 

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