Does pre-GC work count towards 10 yr requirement for i-864

[MMRF 14]

My husband worked on a 3 yr OPT and he paid FICA taxes. Do these years of paid taxes count towards the 10 year requirement (i-864) or does the clock reset after he gets his new work permit and/or GC?

[Boiler 43,799]

It will count towards his 40 quarters 

[Mike E 11,728]

37 minutes ago, MMRF said:

My husband worked on a 3 yr OPT and he paid FICA taxes. Do these years of paid taxes count towards the 10 year requirement (i-864) or does the clock reset after he gets his new work permit and/or GC?

They count.  There are other clocks  that can help relieve a  petitioner:
 

* A total of  40 social security credits earned by couple while married, dating from when the beneficiary became an LPR.  So at least 5 years of marriage.
 

There has been controversy on VJ that this clock is doesn’t apply  if there is divorce. This has been settled. The Ohio state supreme court ruled that I-864 obligation ends with a divorce,  and a federal court refused to intervene.  
https://www.supremecourt.ohio.gov/rod/docs/pdf/6/2012/2012-ohio-2088.pdf

I believe  the  petitioner does need to get ahead of this issue during the divorce proceedings. 

 

* A 10 year clock dating from date of marriage. If the marriage lasts 10 years, if the  petitioner has 40 lifetime social security credits,  there is a legal argument I-864 is void because the beneficiary is eligible for social security benefits. The retirement benefit is 50 percent of the petitioner’s (and the petitioner’s benefit is not reduced).  
 

The simplest way to rid one of the obligation is to help one’s spouse to naturalize.  

[Chancy 6,233]

1 hour ago, MMRF said:

My husband worked on a 3 yr OPT and he paid FICA taxes. Do these years of paid taxes count towards the 10 year requirement (i-864) or does the clock reset after he gets his new work permit and/or GC?

 

There is no clock to be reset.  The requirement is 40 qualifying quarters of work credits, regardless of when those were earned.  If he has not already done so, have your husband create an online account with SSA to check how many quarters he has on his record -- https://www.ssa.gov/prepare/review-record-earnings

 

[MMRF 14]

On 1/5/2023 at 5:32 PM, Mike E said:

They count.  There are other clocks  that can help relieve a  petitioner:
 

* A total of  40 social security credits earned by couple while married, dating from when the beneficiary became an LPR.  So at least 5 years of marriage.
 

There has been controversy on VJ that this clock is doesn’t apply  if there is divorce. This has been settled. The Ohio state supreme court ruled that I-864 obligation ends with a divorce,  and a federal court refused to intervene.  
https://www.supremecourt.ohio.gov/rod/docs/pdf/6/2012/2012-ohio-2088.pdf

I believe  the  petitioner does need to get ahead of this issue during the divorce proceedings. 

 

* A 10 year clock dating from date of marriage. If the marriage lasts 10 years, if the  petitioner has 40 lifetime social security credits,  there is a legal argument I-864 is void because the beneficiary is eligible for social security benefits. The retirement benefit is 50 percent of the petitioner’s (and the petitioner’s benefit is not reduced).  
 

The simplest way to rid one of the obligation is to help one’s spouse to naturalize.  

That legal case was an interesting read, thank you! Seems like the requirement will be met in just a couple years between the 2 of us.