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  • Affidavit of Support

    I am US Citizen, just got my mothers I-130 petition approved. I am assuming I have to submit Affidavit of Support. This is a quote from their website below.
    1) I don't see parents in the list of preferences below. Does it mean that parents are below the fourth preference?
    2) She works for a US company abroad, can she be credited 40 qualifying quarters "as defined in Title II of the Social Security Act"?


    Submitting an Affidavit of Support

    The following individuals are required by law to submit a Form I-864, Affidavit of Support completed by the petitioner to obtain an immigrant visa or adjustment of status:
    • All immediate relatives of U.S. citizens (which include parents, spouses, and unmarried children under the age of 21, including orphans) and relatives who qualify for immigration to the United States under one of the family based preferences:
      • First Preference: Unmarried, adult sons and daughters of U.S. citizens (Adult means 21 years of age or older)
      • Second Preference: Spouses of permanent residents and the unmarried sons and daughters (regardless of age) of permanent residents and their unmarried children
      • Third Preference: Married sons and daughters of U.S. citizens, their spouses and their unmarried minor children
      • Fourth Preference: Brothers and sisters of adult U.S. citizens, their spouses and their unmarried minor children
    • Employment based preference immigrants in cases only when a U.S. citizen or permanent resident relative filed the immigrant visa petition, or such relative has a significant ownership interest (5% or more) in the entity that filed the petition.

    Note: An individual listed above does not need to submit an affidavit of support if they can show that they EITHER:
    • Already worked 40 qualifying quarters as defined in Title II of the Social Security Act
    • Can be credited with 40 qualifying quarters as defined in Title II of the Social Security Act
    • Are the child of a U.S. citizen and if admitted for permanent residence on or after February 27, 2001, would automatically acquire citizenship under Section 320 of the Immigration and Nationality Act, as amended by the Child Citizenship Act of 2000

  • #2
    The Immediate Relative category is separate from the family preference categories (notice the "and")

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

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