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  • Sponsorship?

    Hi there, two question about being a sponsor:

    1. Can a green card holder who is currently in the process to become a citizen be a sponsor? I heard that it's not possible and that you have took wait to become a citizen.

    2. Also, I've been working and filing taxes since 2008 and got 36 credits with SSA, but I am undocumented. Can I use any of my income to sponsor myself? I heard I can't since it is unauthorized work.

    Let me know!

  • #2
    Originally posted by steadygaze View Post
    1. Can a green card holder who is currently in the process to become a citizen be a sponsor? I heard that it's not possible and that you have took wait to become a citizen.
    What do you mean "be a sponsor"? You mean to be the petitioner to petition someone to immigrate? or to be a joint sponsor to fill out an Affidavit of Support? The answer to both of those is yes. Though if petitioning someone in the US who entered legally, it makes sense to just do the petition and Adjustment of Status together when the petitioner is a citizen.

    Originally posted by steadygaze View Post
    2. Also, I've been working and filing taxes since 2008 and got 36 credits with SSA, but I am undocumented. Can I use any of my income to sponsor myself? I heard I can't since it is unauthorized work.
    You can't count the income. But if you have 40 credits then you wouldn't need an affidavit of support at all. You can count the credits you earned any time in your life, and the ones your spouse earned while married to you.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      I have 36 credits of unauthorized work (since I'm not legally supposed to be working). Can I use that income? I've filed taxes every single year.

      Comment


      • #4
        Originally posted by steadygaze View Post
        I have 36 credits of unauthorized work (since I'm not legally supposed to be working). Can I use that income? I've filed taxes every single year.
        Like I said, you can't count income from unauthorized work. If you have 40 credits from the total of you and your spouse (from the period of marriage), you don't even need an Affidavit of Support, and don't need any income.

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          Originally posted by newacct View Post
          Like I said, you can't count income from unauthorized work. If you have 40 credits from the total of you and your spouse (from the period of marriage), you don't even need an Affidavit of Support, and don't need any income.
          Just to understand this.

          If you have 40 or more credits of work on file then you do not need an affidavit of support? It does not matter if this work was authorized or not? I am assuming this needs to be against a valid Social Security Number that is assigned to the actual person and legally obtained?

          So in other words. You had a valid SSN and were authorized to work. Your work authorization expired but you remained to work and report income on that SSN. All the work reported against that SSN can be counted towards the 40 credits requirement regardless of whether it was completed with or without valid work authorization?

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          • #6
            Originally posted by S_R_E View Post
            Just to understand this.

            If you have 40 or more credits of work on file then you do not need an affidavit of support? It does not matter if this work was authorized or not? I am assuming this needs to be against a valid Social Security Number that is assigned to the actual person and legally obtained?

            So in other words. You had a valid SSN and were authorized to work. Your work authorization expired but you remained to work and report income on that SSN. All the work reported against that SSN can be counted towards the 40 credits requirement regardless of whether it was completed with or without valid work authorization?
            I have a valid SSN but it says I can't work with it. Regardless, I've been using it to work since 2008. I have 36 credits becoming 40 at the end of 2017 according to my SSA statement.

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            • #7
              Originally posted by steadygaze View Post
              I have a valid SSN but it says I can't work with it. Regardless, I've been using it to work since 2008. I have 36 credits becoming 40 at the end of 2017 according to my SSA statement.
              That doesn't answer my question.

              My question was can those units (it has to be a full 40 I believe and not partial) regardless of your work eligibility at the time they were accrued be used to negate the need for an affidavit of support

              Comment


              • #8
                Originally posted by S_R_E View Post
                That doesn't answer my question.

                My question was can those units (it has to be a full 40 I believe and not partial) regardless of your work eligibility at the time they were accrued be used to negate the need for an affidavit of support
                If you worked legally, yes! So no, they do regard eligibility. That's what I was told!

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                • #9
                  Originally posted by S_R_E View Post
                  Just to understand this.

                  If you have 40 or more credits of work on file then you do not need an affidavit of support? It does not matter if this work was authorized or not? I am assuming this needs to be against a valid Social Security Number that is assigned to the actual person and legally obtained?

                  So in other words. You had a valid SSN and were authorized to work. Your work authorization expired but you remained to work and report income on that SSN. All the work reported against that SSN can be counted towards the 40 credits requirement regardless of whether it was completed with or without valid work authorization?
                  yes, they should

                  This is my personal opinion and is not to be construed as legal advice.

                  Comment

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