Exemption from Submitting an Affidavit of Support by Satisfying 40 Qualifying Quarters under SSA

Exemption from Submitting an Affidavit of Support by Satisfying 40 Qualifying Quarters under SSA

The Immigration and Nationality Act (INA) requires most family-based immigrants to have an Affidavit of Support (Form I-864) from a sponsor. This affidavit is a legally binding contract between the petitioner/sponsor and the U.S. government, where the sponsor agrees to support the immigrant if necessary financially. By filing Form I-864, the sponsor promises that they will (and provide proof that they can) financially support the individual who is immigrating to the United States. Essentially, the sponsor must prove that the immigrant relative who they are responsible for bringing to the United States will not have to resort to certain governmental financial assistance after arriving in the United States—in other words, that the immigrant will not end up being a “public charge” under the ground of inadmissibility at INA § 212(a)(4)(C).

However, there are exemptions to this requirement, one of which is satisfying 40 qualifying quarters of work under the Social Security Administration (SSA). If the immigrant can prove they have accumulated 40 quarters of qualifying work, they are exempt from the need to submit an Affidavit of Support.

Understanding 40 Qualifying Quarters

A “qualifying quarter” is a term used by the SSA to describe a period of work that earns social security credits. It refers to three months of earnings (a quarter of a year) at a level for which contributions have been paid into the social security system. Since 1978, the SSA calculates qualifying quarters annually rather than quarterly. This means earnings are evaluated based on the total amount earned during the year, as shown in Social Security Earnings Statements from 1978 or later. As of 2025, a person earns one credit for every $1,810 in covered earnings, with a maximum of four credits per year. 40 qualifying quarters equate to approximately 10 years of work.

You can also read: U.S. Lifts 2-Year Home-Residency Rule for J-1 Visa Holders

Exemption Criteria

An intending immigrant can be exempt from submitting an Affidavit of Support if they have earned or can be credited with 40 qualifying quarters. This can be achieved through:

  • Personal Work: The immigrant themselves working for 40 quarters.
  • Spousal Work: The immigrant’s spouse working for 40 quarters during their marriage.
  • Parental Work: The immigrant’s parent working for 40 quarters while the immigrant was under 18 years old.

It’s important to note that any quarters worked during periods when the immigrant or their parent/spouse received means-tested public benefits cannot be counted.

Whether a person has earned and/or been credited with 40 qualifying quarters of income is important at two aspects in the immigration process. First, if an individual has accumulated 40 qualifying quarters at the time of applying for permanent residency, they are exempt from filing Form I-864 and instead file Form I-864W. Second, a sponsor’s obligations under the Affidavit of Support cease once the immigrant reaches 40 qualifying quarters.

Example

Dan is a derivative applicant for immigration lawyer and must submit an Affidavit of Support. The principal applicant is his father, Peter, who held a steady job earning above the SSA annual minimum when Dan was four years old up until he was ten, and then Peter was briefly unemployed before finding another job, again earning at least the SSA minimum, which he has held from the time Dan was 13 years old until the present. Dan is now 22 years old. Does Dan have 40 qualifying quarters through his father?

Yes. Dan can count his father’s six years working when he was aged 4 to 10, and another five years when he was a teenager, from age 13 until he turned 18. In total, that is 44 qualifying quarters (four per year for a total of 11 years). Dan needs to submit proof of this, such as Peter’s Social Security Earnings Statements for those years.

Conclusion

Understanding and leveraging the exemption criteria related to 40 qualifying quarters can streamline the immigration process for intending immigrants and their sponsors. By meeting this requirement, the need to file an Affidavit of Support is eliminated, making the process more manageable and reducing financial obligations for sponsors.

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