Do I need to file I-864 if I am currently working in US?

[9-29-2019]

Do I need to file I-864 if I am currently working in US for the last 5 years?
I-130 approved. The interview was scheduled. I need to know if I need to file I-864 or it's not required if I am currently in US and employed.

[rkk09]

Hi,
Are you sponsor/petitioner or intending immigrant? Normally, I-864 is mandatory for family based green card. I am sharing USCIS requirement for I-864 filing. I hope this will help you to know better.

• All immediate relatives of U.S. citizens (which include parents, spouses, and unmarried children under the age of 21, including orphans) and relatives who qualify for immigration to the United States under one of the family based preferences:
  • First Preference: Unmarried, adult sons and daughters of U.S. citizens (Adult means 21 years of age or older)
  • Second Preference: Spouses of permanent residents and the unmarried sons and daughters (regardless of age) of permanent residents and their unmarried children
  • Third Preference: Married sons and daughters of U.S. citizens, their spouses and their unmarried minor children
  • Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their unmarried minor children
• Employment based preference immigrants in cases only when a U.S. citizen or permanent resident relative filed the immigrant visa petition, or such relative has a significant ownership interest (5% or more) in the entity that filed the petition.

Note: An individual listed above does not need to submit an affidavit of support(I-864) if they can show that they EITHER:

• Already worked 40 qualifying quarters as defined in Title II of the Social Security Act
• Can be credited with 40 qualifying quarters as defined in Title II of the Social Security Act
• Are the child of a U.S. citizen and if admitted for permanent residence on or after February 27, 2001, would automatically acquire citizenship under Section 320 of the Immigration and Nationality Act, as amended by the Child Citizenship Act of 2000

Thanks

[Tibwa]

Do I need to file I-864 if I am currently working in US for the last 5 years?
I-130 approved. The interview was scheduled. I need to know if I need to file I-864 or it's not required if I am currently in US and employed.

Yes, because you don't 40qualifying quarter yet. Download your Social Security Statement and you will see you DO NOT have 40 quarters. It takes 10 years to have them.

[newacct]

Note that you also count the Social Security credits earned by your spouse during the period of marriage. So if you and your spouse each earned 5 years of Social Security credits during the period of your marriage, then you have enough.

[Tibwa]

Note that you also count the Social Security credits earned by your spouse during the period of marriage. So if you and your spouse each earned 5 years of Social Security credits during the period of your marriage, then you have enough.

That's a good one. I did not even realize that. Both my wife and I have our 40 quarters but I only use my quarters when applying since she is my derivative.

[9-29-2019]

We have 35 between me and my wife. We brought i-864 to the interview, but we were not asked for it.
My case was approved 20 days after the interview and I got my greencard.
I think it can be related to Order 14012.
The interview was in July 2021.

[Smithpatrick]

Yes, because you haven't completed a 40-qualifying quarter yet. According to your Social Security Statement, you do not have 40 quarters. It takes ten years to get them. To help you understand the Immigration Law. The specialist cannot give you legal advice, you should consult with an Immigration Law attorney for legal advice.

[9-29-2019]

Yes, because you haven't completed a 40-qualifying quarter yet. According to your Social Security Statement, you do not have 40 quarters. It takes ten years to get them. To help you understand the Immigration Law. The specialist cannot give you legal advice, you should consult with an Immigration Law attorney for legal advice.

We did not provide I-864 with less than 40 credits and the case was approved. That's what I said.

[newacct]

We did not provide I-864 with less than 40 credits and the case was approved. That's what I said.

What category did you immigrate in? If it's a family-based category, an I-864 must be provided, or I-864W filed (or in previous I-485 editions, an appropriate checkbox for I-864 exemption must be checked). Otherwise, they made an error.