Benefits

[JimVaPhuong 4,863]

If married to a USC spouse, the USC spouse's eligible credits are contributed to the alien's quarters.

JimVaPhuong,

There are two issues here. One is elgibility, and on that note I declared that the OP might indeed become eligible shortly. The other issue is whether the sponsor *would* be held liable to repay should the agency seek recovery.

However, I feel I must correct your statement above. Why do you declare that the OP would have to work the equivalent of 10 years in order to accrue the necessary credits? It *can* be done in 5 years.

Thanks for the clarification.

I read in the I-864 instructions that "in certain cases the work of a spouse or parent adds qualifying quarters", but I couldn't find an adequate explanation of what it meant. I assumed, since it said "certain cases" that it probably didn't apply in most cases.

So, under what conditions does the husband's work contribute the work credits of the beneficiary?

Ok, is that in every case? Just wondering because the I-864 says "in certain cases", which gives the impression that it doesn't apply in every case. In fact, it gives the impression that it doesn't apply in most cases.

Yeah, I know... I'm being lazy because I'm not researching this myself, but I don't have much time to research something that isn't currently affecting me, but I am curious about the answer.

[rebeccajo 14]

How is that proven though, DM? I mean - how can the alien contributing to SS 'see' the proof of that?

We all get statements from SS each year. Wes' statement continues to accrue quarters with each year. But if he is accruing from me (and I've worked the entire time and worked enough) his statement does not reflect that.

If married to a USC spouse, the USC spouse's eligible credits are contributed to the alien's quarters.

JimVaPhuong,

There are two issues here. One is elgibility, and on that note I declared that the OP might indeed become eligible shortly. The other issue is whether the sponsor *would* be held liable to repay should the agency seek recovery.

However, I feel I must correct your statement above. Why do you declare that the OP would have to work the equivalent of 10 years in order to accrue the necessary credits? It *can* be done in 5 years.

Thanks for the clarification.

I read in the I-864 instructions that "in certain cases the work of a spouse or parent adds qualifying quarters", but I couldn't find an adequate explanation of what it meant. I assumed, since it said "certain cases" that it probably didn't apply in most cases.

So, under what conditions does the husband's work contribute the work credits of the beneficiary?

[diadromous mermaid 36]

Well it's important that an alien request a determination from SSA, as soon as he or she has satisfied the 40 quarters with the contribution of his/her spouse's quarters. This is especially important if the couple is headed towards divorce. In cases where the marriage is and remains viable it's not so important, but once the marriage begins to head south, and *if* the alien has met the requirements counting the current USC spouse's credits, then it is crucial that a determination be made by SSA allowing the alien the benefit of his or her spouse's credits before USCIS and the SSA is aware of the imminence of divorce. Once a divorce occurs, the USC spouse's credits are removed from the alien's record. All individuals are well served by doing this, as the sponsor benefits just as the alien does in meeting the requirement, regardless of how acrimonmious the relationship becomes at the point where divorce is inevitable.

How is that proven though, DM? I mean - how can the alien contributing to SS 'see' the proof of that?

We all get statements from SS each year. Wes' statement continues to accrue quarters with each year. But if he is accruing from me (and I've worked the entire time and worked enough) his statement does not reflect that.

If married to a USC spouse, the USC spouse's eligible credits are contributed to the alien's quarters.

JimVaPhuong,

There are two issues here. One is elgibility, and on that note I declared that the OP might indeed become eligible shortly. The other issue is whether the sponsor *would* be held liable to repay should the agency seek recovery.

However, I feel I must correct your statement above. Why do you declare that the OP would have to work the equivalent of 10 years in order to accrue the necessary credits? It *can* be done in 5 years.

Thanks for the clarification.

I read in the I-864 instructions that "in certain cases the work of a spouse or parent adds qualifying quarters", but I couldn't find an adequate explanation of what it meant. I assumed, since it said "certain cases" that it probably didn't apply in most cases.

So, under what conditions does the husband's work contribute the work credits of the beneficiary?

[rebeccajo 14]

Well it's important that an alien request a determination from SSA, as soon as he or she has satisfied the 40 quarters with the contribution of his/her spouse's quarters. This is especially important if the couple is headed towards divorce. In cases where the marriage is and remains viable it's not so important, but once the marriage begins to head south, and *if* the alien has met the requirements counting the current USC spouse's credits, then it is crucial that a determination be made by SSA allowing the alien the benefit of his or her spouse's credits before USCIS and the SSA is aware of the imminence of divorce. Once a divorce occurs, the USC spouse's credits are removed from the alien's record. All individuals are well served by doing this, as the sponsor benefits just as the alien does in meeting the requirement, regardless of how acrimonmious the relationship becomes at the point where divorce is inevitable.

Ah, I see. I had sort of guessed you might have to go to your SS office.

I wonder if the calculation would just happen 'naturally' when the alien retires and starts to draw benefits. And in the case of "older" people like us, I wonder about benefits earned in the home country. I've read about reciprocity between the US and the UK when it comes to pensions. If the alien wishes to have credits he earned in his home country applied towards his US Social Security benefit, does he have to ask for that? Would it be beneficial?

I wonder if I went to my SS office and picked their brains about this, if they'd know the correct answer......

[diadromous mermaid 36]

I'm not all too sure about how the pension benefits might apply. My understanding is that an LPR would receive 2 pensions: one as a result of any work performed in the US, and the UK pension, which he or she would receive from UK work history. This was how it worked, however, it might have changed over the years.

Well it's important that an alien request a determination from SSA, as soon as he or she has satisfied the 40 quarters with the contribution of his/her spouse's quarters. This is especially important if the couple is headed towards divorce. In cases where the marriage is and remains viable it's not so important, but once the marriage begins to head south, and *if* the alien has met the requirements counting the current USC spouse's credits, then it is crucial that a determination be made by SSA allowing the alien the benefit of his or her spouse's credits before USCIS and the SSA is aware of the imminence of divorce. Once a divorce occurs, the USC spouse's credits are removed from the alien's record. All individuals are well served by doing this, as the sponsor benefits just as the alien does in meeting the requirement, regardless of how acrimonmious the relationship becomes at the point where divorce is inevitable.

Ah, I see. I had sort of guessed you might have to go to your SS office.

I wonder if the calculation would just happen 'naturally' when the alien retires and starts to draw benefits. And in the case of "older" people like us, I wonder about benefits earned in the home country. I've read about reciprocity between the US and the UK when it comes to pensions. If the alien wishes to have credits he earned in his home country applied towards his US Social Security benefit, does he have to ask for that? Would it be beneficial?

I wonder if I went to my SS office and picked their brains about this, if they'd know the correct answer......