How long is 40 quarters

[Muhammad n Maryam 1]

In my understand a co sponsor's responsibly can be relieved after 40 quarters of employment, exactly how long is 40 quarters , and what other way's can a co sponsor's responsibility's not be needed any more.

Thanks !

[carslo 0]

10 years. If the individual being sponsored becomes an American citizen then the co-sponsor's resposibilities are over. Good luck.

Janet

Edited July 11, 2009 by carslo

[Muhammad n Maryam 1]

10 years. If the individual being sponsored becomes an American citizen then the co-sponsor's resposibilities are over. Good luck.

Janet

Thank you

[rebeccajo 14]

10 years. If the individual being sponsored becomes an American citizen then the co-sponsor's resposibilities are over. Good luck.

Janet

Not that simple.

http://travel.state.gov/visa/laws/telegram...grams_1381.html

5. INA SECTION 213 (A)(A)(3)(B) NOTES THAT, IN DETERMINING THE NUMBER OF QUARTERS, THE ALIEN SHALL BE CREDITED WITH (I) ALL OF THE QUALIFYING QUARTERS OF COVERAGE AS DEFINED UNDER TITLE II OF THE SOCIAL SECURITY ACT WORKED BY A PARENT OF SUCH ALIEN WHILE THE ALIEN WAS UNDER AGE 18, AND (II) ALL OF THE QUALIFYING QUARTERS WORKED BY A SPOUSE OF SUCH ALIEN DURING THEIR MARRIAGE AND THE ALIEN REMAUSCIS MARRIED TO SUCH SPOUSE OR SUCH SPOUSE IS DECEASED. (NOTE: TITLE II OF THE SOCIAL SECURITY ACT REFERS TO FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE BENEFITS.)

[jodee 30]

10 years. If the individual being sponsored becomes an American citizen then the co-sponsor's resposibilities are over. Good luck.

Janet

Not that simple.

http://travel.state.gov/visa/laws/telegram...grams_1381.html

5. INA SECTION 213 (A)(A)(3)(B) NOTES THAT, IN DETERMINING THE NUMBER OF QUARTERS, THE ALIEN SHALL BE CREDITED WITH (I) ALL OF THE QUALIFYING QUARTERS OF COVERAGE AS DEFINED UNDER TITLE II OF THE SOCIAL SECURITY ACT WORKED BY A PARENT OF SUCH ALIEN WHILE THE ALIEN WAS UNDER AGE 18, AND (II) ALL OF THE QUALIFYING QUARTERS WORKED BY A SPOUSE OF SUCH ALIEN DURING THEIR MARRIAGE AND THE ALIEN REMAUSCIS MARRIED TO SUCH SPOUSE OR SUCH SPOUSE IS DECEASED. (NOTE: TITLE II OF THE SOCIAL SECURITY ACT REFERS TO FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE BENEFITS.)

Rebecca, are you saying, that if someone has been married to their spouse for 5 years,( I.e, the alien, that has not applied for citizenship, is married to the US citizen), they technically have 5 years or 20 quarters accumulated?

And if this is so, do they loose the acquired quarters if they choose to take citizenship?

Hope that made sense.

[rebeccajo 14]

I'm saying that when applying for SS benefits or when determining if the 40-quarter requirement for enforceability of the I864 has been met, that the work quarters the USC spouse earned during the time of the marriage can be counted towards the alien's total.

I do not know if this "vanishes" at citizenship. I imagine that DM would know.

[jodee 30]

I'm saying that when applying for SS benefits or when determining if the 40-quarter requirement for enforceability of the I864 has been met, that the work quarters the USC spouse earned during the time of the marriage can be counted towards the alien's total.

I do not know if this "vanishes" at citizenship. I imagine that DM would know.

Ty R-J.!

[Kathryn41 3,205]

I can't see why such credited quarters of employment would vanish with citizenship - they would still count towards the SS benefits for which they are established. What ends with citizenship is the spouse's contractual obligations from the Affidavit of Support. From my understanding if the immigrant worked for 5 years and her spouse worked for 5 years between the two of them they have 'earned' the necessary 40 quarters for SSA benefits, thus also meeting the contractual obligation for the Affidavit of Support.

[pushbrk 12,094]

I can't see why such credited quarters of employment would vanish with citizenship - they would still count towards the SS benefits for which they are established. What ends with citizenship is the spouse's contractual obligations from the Affidavit of Support. From my understanding if the immigrant worked for 5 years and her spouse worked for 5 years between the two of them they have 'earned' the necessary 40 quarters for SSA benefits, thus also meeting the contractual obligation for the Affidavit of Support.

If the foreign spouse never works, but the sponsor spouse works ten years, has the 40 quarters criteria been met. Or, can the foreign spouse only earn two quarters for each quarter the two both work?

[raymaga 25]

I find this "40 quarters" stuff very confusing.

I am now a U.S. citizen, and I have worked a total of 5 years (or almost 5 years). I planned on working for 10 years, thinking that I needed to work for 10 years in order to get any Social Security benefits.

So, what is the real deal on this? If I had never worked since coming to the U.S., would I still be eligible for Social Security benefits when I retire?

[rebeccajo 14]

I find this "40 quarters" stuff very confusing.

I am now a U.S. citizen, and I have worked a total of 5 years (or almost 5 years). I planned on working for 10 years, thinking that I needed to work for 10 years in order to get any Social Security benefits.

So, what is the real deal on this? If I had never worked since coming to the U.S., would I still be eligible for Social Security benefits when I retire?

I'd really rather not hedge answers on any of this because I know it can get complicated.

The calculation is used by States in determining if immigrants can draw Medicaid. It is used by the SS Administration to determine if immigrants qualify for SSI. Of course it is also used to determine if the US spouse could be responsible to States for reimbursement of means tested benefits.

Only the quarters the USC has earned since the marriage contribute. If the marriage has ended, the alien does not continue to collect quarters.

As far as drawing straight Social Security at retirement, I'm not sure about the alien drawing quarters from the USC if they have never worked. I'm sure they would draw survivors benefits if they have naturalized.

I do have a suspicion that all of this 'quarter counting' business goes down the drain if the alien naturalizes. I'm not sure it applies at all towards retirement benefits. The counting of quarters for aliens seems to come into play mostly for SSI, not retirement benefits. But I could sure be wrong on that count.

I also know that countries such as Canada and the United Kingdom have 'totalization' agreements with each other. What this means for the alien is that he/she may be able to receive credit for pension contributions in their home country towards US Social Security.

I ran into a friend of mine the other day who has worked at SS for ages. We started talking about this, and she said it is indeed complicated. The best way for anyone immigrant to know what they may be entitled to or are working towards would be to make an appointment with Senior Agent at your SS office.

[lucyrich 19]

Not so sure about retirement issues, but for the original question regarding the sponsor's obligation on the affidavit of support, the answer depends on marital status and work status.

If the alien is single and working constantly, or is married with only one spouse working (whether the alien or the other spouse) then 40 quarters equals 10 years.

If the alien is married and both spouses are working constantly, 40 quarters equals 5 years.

If the alien is not employed and is either unmarried or married to someone who is unemployed, then that alien is not earning quarters of credit for social security at all, so that individual will NEVER earn 40 quarters at that pace. That's also true if the alien is working "under the table".

From a point of view of the affidavit of support, if the alien remains employed, chances are good that the sponsor won't have to fork over any money for the affidavit of support anyway. So the case where the alien remains employed isn't such a concern. The problem arises if the sponsor starts to have to provide support for the alien because the alien can't sustain himself/herself substantially above the poverty line. The sponsor may want to know "when will this drain on my finances stop?" The answer could well be, "Not until the alien gets a job, leaves the US permanently, dies, or becomes a citizen."

The nightmare scenario is that the alien becomes disabled or just decides to become a deadbeat. The obligations under the affidavit of support could continue indefinitely. Note that none of the terminating conditions of the affidavit of support are under the sponsor's control (assuming we rule out murder and suicide). And, other than death of the alien or death of the sponsor, none of the terminating conditions is guaranteed to happen at all.

The 40 quarters provision does NOT give the affidavit of support a fixed expiration date.

[Muhammad n Maryam 1]

I find this "40 quarters" stuff very confusing.

I am now a U.S. citizen, and I have worked a total of 5 years (or almost 5 years). I planned on working for 10 years, thinking that I needed to work for 10 years in order to get any Social Security benefits.

So, what is the real deal on this? If I had never worked since coming to the U.S., would I still be eligible for Social Security benefits when I retire?

I'd really rather not hedge answers on any of this because I know it can get complicated.

The calculation is used by States in determining if immigrants can draw Medicaid. It is used by the SS Administration to determine if immigrants qualify for SSI. Of course it is also used to determine if the US spouse could be responsible to States for reimbursement of means tested benefits.

Only the quarters the USC has earned since the marriage contribute. If the marriage has ended, the alien does not continue to collect quarters.

As far as drawing straight Social Security at retirement, I'm not sure about the alien drawing quarters from the USC if they have never worked. I'm sure they would draw survivors benefits if they have naturalized.

I do have a suspicion that all of this 'quarter counting' business goes down the drain if the alien naturalizes. I'm not sure it applies at all towards retirement benefits. The counting of quarters for aliens seems to come into play mostly for SSI, not retirement benefits. But I could sure be wrong on that count.

I also know that countries such as Canada and the United Kingdom have 'totalization' agreements with each other. What this means for the alien is that he/she may be able to receive credit for pension contributions in their home country towards US Social Security.

I ran into a friend of mine the other day who has worked at SS for ages. We started talking about this, and she said it is indeed complicated. The best way for anyone immigrant to know what they may be entitled to or are working towards would be to make an appointment with Senior Agent at your SS office.

Many thanks to you

[Lari 0]

Not so sure about retirement issues, but for the original question regarding the sponsor's obligation on the affidavit of support, the answer depends on marital status and work status.

If the alien is single and working constantly, or is married with only one spouse working (whether the alien or the other spouse) then 40 quarters equals 10 years.

If the alien is married and both spouses are working constantly, 40 quarters equals 5 years.

If the alien is not employed and is either unmarried or married to someone who is unemployed, then that alien is not earning quarters of credit for social security at all, so that individual will NEVER earn 40 quarters at that pace. That's also true if the alien is working "under the table".

From a point of view of the affidavit of support, if the alien remains employed, chances are good that the sponsor won't have to fork over any money for the affidavit of support anyway. So the case where the alien remains employed isn't such a concern. The problem arises if the sponsor starts to have to provide support for the alien because the alien can't sustain himself/herself substantially above the poverty line. The sponsor may want to know "when will this drain on my finances stop?" The answer could well be, "Not until the alien gets a job, leaves the US permanently, dies, or becomes a citizen."

The nightmare scenario is that the alien becomes disabled or just decides to become a deadbeat. The obligations under the affidavit of support could continue indefinitely. Note that none of the terminating conditions of the affidavit of support are under the sponsor's control (assuming we rule out murder and suicide). And, other than death of the alien or death of the sponsor, none of the terminating conditions is guaranteed to happen at all.

The 40 quarters provision does NOT give the affidavit of support a fixed expiration date.

Dear Lucyrich: Your explanation is what my understanding was and you have clarified it so well. Thanks! However one thing that is not clear to me is regarding health care for such immigrants. How about health care costs? Is the sponsor responsible for medical bills etc of the alien? I appreciate if you or anyone throw some light on this issue?

Thanks!!