Should we file I-864W?

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Good morning everyone! I'm a 22 year old and have been living in California continuously since 1998. I arrived to the States with my mother, who was on a K1 visa and I was on a K2 visa. However, both my mother and I overstayed our visas and as a result aren't legal residents. My dad (who's still married to my mom) is a naturalized U.S. citizen, and has been since before I was born. Long story short, we're trying to get green card for me, and then eventually my mother as well.

It appears that my situation should be easy; I arrived at an entry point with inspection, have my proof of visas and passports (expired), have lived here continuously for years, and my father is a citizen. While it should go smoothly, the only problem is with the I-864, affidavit of support. It requires us to meet 125% of the poverty line, and we fall a bit short of that requirement. After some research, I found that there are exceptions to this rule, provided that my dad has earned at least 40 quarters of coverage. He has earned well over that in the past, and according to the USCIS he can credit me those quarters and I can file the I-864W. This seems too good to be true. Would it be this easy?

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You can count Social Security credits earned by you, and credits earned by your spouse during the period of marriage, and by your parent while you are under 18.

So for your mom's case, she can count credits that she herself earned, plus the credits that your dad earned after they married, and if that's 40 quarters, then she can use I-864W. For your case, you can count the credit that you yourself earned, plus the credits that either of your parents earned while you were under 18, and if that's 40 quarters, then you can use I-864W.

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You can count Social Security credits earned by you, and credits earned by your spouse during the period of marriage, and by your parent while you are under 18.

So for your mom's case, she can count credits that she herself earned, plus the credits that your dad earned after they married, and if that's 40 quarters, then she can use I-864W. For your case, you can count the credit that you yourself earned, plus the credits that either of your parents earned while you were under 18, and if that's 40 quarters, then you can use I-864W.

That's what I thought but wasn't sure. Thank you so much. So does my dad technically need at least 80 quarter units, 40 for me and 40 for my mom?

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That's what I thought but wasn't sure. Thank you so much. So does my dad technically need at least 80 quarter units, 40 for me and 40 for my mom?

No, each of you consider your situations independently.

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No, each of you consider your situations independently.

Thank goodness! I've asked this question somewhere else and some people were saying that since I'm over 18, I'm not considered 'immediate relative' and this form won't apply to me. They said that there is a possibility of being banned from the U.S. indefinitely. Is that true?

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Thank goodness! I've asked this question somewhere else and some people were saying that since I'm over 18, I'm not considered 'immediate relative' and this form won't apply to me. They said that there is a possibility of being banned from the U.S. indefinitely. Is that true?

This doesn't really make sense. Immediate Relative is a immigration category and this form doesn't have anything to do with that. Also, the Immediate Relative category (spouses, under-21 unmarried children, and parents of US citizens) doesn't have to do with age 18, so that doesn't make sense either.

They might be referring to one of the situations of being exempt from the Affidavit of Support, where the immigrant is a child under 18 of a US citizen parent, where upon becoming a permanent resident, the child would also immediately become a US citizen. That doesn't apply to you. But that's only one of several situations of being exempt from the Affidavit of Support. You are using a different one (40 Social Security credits).

This stuff about "being banned from the U.S. indefinitely" also doesn't make sense. Someone either has a ban, if they satisfy one of the conditions of inadmissibility in the law, or they don't. It's not a "possibility". You currently don't have a ban from the information we know so far. If you left the US, you would probably trigger a ban (for accruing more than 1 year of "unlawful presence" and then leaving the US), but you are not leaving the US -- you are doing Adjustment of Status in the US -- so that doesn't apply. (Plus, that ban is only for 10 years, not "indefinitely"). As far as your eligibility for Adjustment of Status, as long as you were under 21 and unmarried at the time you entered the US on a K-2 visa (doesn't matter if you turned 21 afterwards), and your mom married the US citizen who petitioned you guys (which I am assuming is your dad) within 90 days of her entry, then you remain eligible for Adjustment of Status indefinitely.

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This doesn't really make sense. Immediate Relative is a immigration category and this form doesn't have anything to do with that. Also, the Immediate Relative category (spouses, under-21 unmarried children, and parents of US citizens) doesn't have to do with age 18, so that doesn't make sense either.

They might be referring to one of the situations of being exempt from the Affidavit of Support, where the immigrant is a child under 18 of a US citizen parent, where upon becoming a permanent resident, the child would also immediately become a US citizen. That doesn't apply to you. But that's only one of several situations of being exempt from the Affidavit of Support. You are using a different one (40 Social Security credits).

This stuff about "being banned from the U.S. indefinitely" also doesn't make sense. Someone either has a ban, if they satisfy one of the conditions of inadmissibility in the law, or they don't. It's not a "possibility". You currently don't have a ban from the information we know so far. If you left the US, you would probably trigger a ban (for accruing more than 1 year of "unlawful presence" and then leaving the US), but you are not leaving the US -- you are doing Adjustment of Status in the US -- so that doesn't apply. (Plus, that ban is only for 10 years, not "indefinitely"). As far as your eligibility for Adjustment of Status, as long as you were under 21 and unmarried at the time you entered the US on a K-2 visa (doesn't matter if you turned 21 afterwards), and your mom married the US citizen who petitioned you guys (which I am assuming is your dad) within 90 days of her entry, then you remain eligible for Adjustment of Status indefinitely.

But isn't overstaying a visa grounds for deportation? The recent ICE raids and deportation proceedings are making us worried. Should we go ahead and follow through with the forms?

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But isn't overstaying a visa grounds for deportation? The recent ICE raids and deportation proceedings are making us worried. Should we go ahead and follow through with the forms?

Once you file I-485 for Adjustment of Status, they will not deport you for simply being out of status.