Need help with I-864W eligibility question and proof of domicile

[tva113 0]

Hi,

 

We submitted I-130 petition for my wife via DCF in early May and the same has been approved. We are now gathering documents for her interview in Mumbai consulate scheduled for end of the month.

 

Just a small history on my case…

My wife and I are married for over 18years and we have spent 11 of those in the US. She had a green card while in the US and has been outside the US for about 7 years now. I have been living with her for over 2 years now and hence filed through DCF.

 

We were going through the affidavit of support requirements and I think my wife qualifies for I-864W (affidavit of support exemption) based on 40 quarters of SSA coverage earned by ME so far during the course of our marriage.

 

Here’s what the I864W instructions say…

 

You have earned or can receive credit for 40 quarters of coverage under the Social Security Act (SSA). If you have 40

1.      quarters of SSA coverage, you are exempt from the requirement to file Form I-864 or Form I-864EZ. You can acquire

2.      40 qualifying quarters in the following ways:

3.      A. Working in the United States for 40 quarters in which you received the minimum income established by the Social

4.      Security Administration;

5.      B. By being credited under the Immigration and Nationality Act (INA) section 213A(a)(3)(B) with quarters worked

6.      by your spouse during the marriage or a parent during the time you were under 18 years of age; or

7.      C. A combination of the above.

 

The related INA section states the following…

 

(B) Qualifying quarters.-For purposes of this section, in determining the number of qualifying quarters of coverage under title II of the Social Security Act an 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 remains married to such spouse or such spouse is deceased. 

 

I have been employed all through our married years while living in the US and I am pretty sure I have earned over 40 quarters. My SSA statement says I qualify for benefits.

 

So, based on the above I think item B applies in our case. Am I inferring this correctly?

 

Also, since I have been out of the US for couple of years now do I still need to provide/carry proof of domicile? This seems to be relevant only for I-864.

 

Appreciate your help on this.

 

Thanks in advance.

[pushbrk 12,106]

Pretty clear stuff.  File the W

 

[tva113 0]

Thanks much pushbrk.

 

What about proof of domicile for the sponsor living outside the US. Do we still need to include that. Wondering if the domicile proof is specific to just I864 or applies to all its variants.

 

Thanks/.

[HiFi21 5]

Did you ever get an answer to your question about domicile? We are looking at a similar situation.