Affidavit of Support for unemployed petitioner and beneficiary

[H1BUser24]

Hello,

I have been living and working in the United States for about 18 years on H1B and I have earned 40 social security credits. My 21 year old son is a college student, a U.S. Citizen and doesn't have an income, he is filing for my immigration application, starting with I-130, followed by I-485, I-765, I-131 and I-864W (probably because I have 40 credits, does he need to file I-864 regardless?). Together he is also filing for my spouse who is a homemaker and doesn't have any income. Could I use my 40 SSA credits for my spouse and submit I-864W for her too? Or could I (also a beneficiary) and my son (petitioner and sponsor) jointly co-sponsor my spouse because I am the head of household taking care of the family including my son. Would I be eligible to be a co-sponsor my spouse considering I am also a beneficiary? Any advice would be appreciated. Please let me know what would be the steps and what forms (I-864/I-864A/I-86W) need to be submitted for me and my spouse.

[newacct]

I-864 is not needed if you qualify for and file I-864W. Your spouse can count your SS credits earned during the period you guys were married. So if that reaches 40 credits, your spouse can I-864W too.

[H1BUser24]

Will my son still need to file I-864 that is filed by the petitioner/sponsor? How can I check non-working spouse's social security credits to be sure she has 40 credits (as I have already earned 40 credits) and is eligible to file I-864W?

Thanks!

[newacct]

No, the petitioner does not need to file I-864 if the beneficiaries file I-864W. For the spouse's credits, consider the period the spouses were married; was 40 credits earned by the working spouse during that period of time? Usually, if the working spouse was working, then they earn 4 credits per year, so if they were married for more than 10 years and the working spouse was working the whole time, then there should be 40 credits.

[H1BUser24]

@newacct, Thank you. My son is the petitioner and I am the working beneficiary, working in the United States for 15 years. My spouse (non working, no income) is also a beneficiary. We have been married all 15 years while working. In that scenario, would my spouse and I be able to file I-864W?

Thanks!

[newacct]

21 hours ago, H1BUser24 said:

@newacct, Thank you. My son is the petitioner and I am the working beneficiary, working in the United States for 15 years. My spouse (non working, no income) is also a beneficiary. We have been married all 15 years while working. In that scenario, would my spouse and I be able to file I-864W?

Thanks!

Yes, you guys should be able to file I-864W's.

[H1BUser24]

Thank you for responding.

[H1BUser24]

@newacct, thank you for response. 

I have been working in the United States for 15 years and have enough SSA credits. My spouse (homemaker/unemployed) and I have been married all 15 years while I was working in the US. I was reading the I-864W instructions (please see attached highlighted), it says, a spouse will be credited with quarters worked by her working spouse during the marriage. My question is, how do I produce my spouse's SSA credits? Today my spouse called the SSA support number, they said she didn't have any credits as she never worked and earned credits. If we file I-864W for my spouse, how would we substantiate her SSA credits?