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How to prove I have 40 social security credits

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  • How to prove I have 40 social security credits

    USCIS allows you to skip I-867 Affidavit of Support if you have 40 social security credits.

    you may be exempt from filing Form I-864 (but not Form I-944) if you have earned or can receive credit for 40 quarters (credits) of work in the United States (as defined by the Social Security Act (SSA)), regardless of the immigrant category.
    I have already worked for about 38 quarters - starting from Jan 2011. But the credits are counted 4 per year as long as you earned $5640 in the year (1 credit per $1410). It's not tied to quarters since 1978. Given this I should have already earned 4 credits this year. So I should already have 40 credits.

    However, the social security statement downloaded from ssa.gov, doesn't make it easy. It doesn't show the actual credit count. However it says this at the top:
    You have earned enough credits to qualify for benefits.
    This indirectly implies (I think) that I have 40 credits, because SSA says you need 40 credits to qualify for retirement benefits.
    You must earn at least 40 Social Security credits to qualify for Social Security benefits.
    However, I am a little bit concerned because it doesn't show the actual credits anywhere on the statement.

    What it does show, on the second page, is my earnings for last 9 years (and it won't show the 2020 earnings until the end of the year). So I am little bit worried because what if the USCIS officer counts it as 4 * 9 years = 36 credits, and thus disqualify me. Not sure if I am overthinking.
    Last edited by sandeep.iiit; 08-07-2020, 05:33 PM.
    F2A, Spouse of LPR. Center NBC. FO Seattle
    1/19/20 I-130 filed online
    8/10 I-485,I-131,I-765 sent
    9/05 Got I-797 receipts
    9/14 Got RFIE for lack of I-864
    9/22 Sent response
    10/9 Got I-693 Deficiency Notice
    11/13 Got RFE for lack of I-944
    11/20 Sent I-944
    7/13/21 Got biometric notice
    8/9 Biometric day
    8/13 Ready to be scheduled for interview
    3/1/22 I-130 approved
    3/1 Got RFE for medicals
    3/7 Sent RFE
    3/14 Got EAD
    4/9 Got green card

  • #2
    You are good. SSA statement only notice how many you have when you have less than 40 credits. It will tell you how many you have toward the 40. once you have earned 40 or more, the statement no longer tells how many you have. It only says you have earned enough credit to receive benefit. In addition, the statement should be tell you if you were to be disable, how much you could receive from Social Security for disability as of now.
    05/08/20: I-485, I-765, I-131, I-944 sent to USCIS
    05/13 Rejected due to lack of I-864
    05/27 resubmitted with explanation
    06/03 Rejected again-same reason
    06/13 Resubmitted with I-864
    07/07 Lockbox emailed back and ask to resubmit
    07/09 Filings accepted with PD 05/08/20 (nice)
    08/06 Prior biometrics applied to I485
    08/28 Took biometrics for I-765 only
    09/28 I-765's Cards Ordered
    10/02 EAD/AP received
    04/12 Interview Sched
    05/11 Interview done approval on the spot but no USCIS update online

    Comment


    • #3
      Also, don't forget to include SS credits earned by your spouse during the period of marriage, and SS credits earned by your parents while you were under 18. Those might push you way beyond 40 credits.

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

      Comment


      • #4
        Thanks guys for the replies. Now I feel better
        To add to that, I also ended up checking the SSA statement of a family member who doesn't have 40 credits yet. In that case, as Tibwa mentioned, it does clearly state "You do not have enough credits. You have X credits so far."
        F2A, Spouse of LPR. Center NBC. FO Seattle
        1/19/20 I-130 filed online
        8/10 I-485,I-131,I-765 sent
        9/05 Got I-797 receipts
        9/14 Got RFIE for lack of I-864
        9/22 Sent response
        10/9 Got I-693 Deficiency Notice
        11/13 Got RFE for lack of I-944
        11/20 Sent I-944
        7/13/21 Got biometric notice
        8/9 Biometric day
        8/13 Ready to be scheduled for interview
        3/1/22 I-130 approved
        3/1 Got RFE for medicals
        3/7 Sent RFE
        3/14 Got EAD
        4/9 Got green card

        Comment

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