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DAP Forums > DREAM Act > The Lounge

Affidavit of support

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#1
04-23-2022, 01:46 PM
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DamLeon123
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Im trying to fill out I 485. If I've had DACA since 2013 and been working full time since 2014 do I still need to submit an affidavit of support? Im adjusting via a family based petition.
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#2
04-23-2022, 06:39 PM
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TexasDreamy
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Maybe, but probably yes.

Instead of filing I-864, you would file I-864W.

Read the instructions (https://www.uscis.gov/sites/default/...i-864instr.pdf)

See the exception section:

"Are there any exceptions?"

Any intending immigrant who has earned or can receive credit for 40 qualifying quarters (credits) of work in the United States. In addition to their own work, intending immigrants may be able to secure credit for work performed by a spouse during marriage and by their parents while the immigrants were under 18 years of age. The Social Security Administration (SSA) can provide information on how to count quarters of work earned or credited and how to provide evidence of such. See the SSA website at https://www.ssa.gov/myaccount/ for more information;

You won't have 40 quarters of work yet (you would've had to have DACA since early 2012), but you would probably have 32~36. If your parents worked while you were under 18 and paid into taxes into social security while not receiving any public assistance then those might count as well. It's likely that your parents would need to be in the country legally for that to work.

This is a more complicated situation that you would need a lawyer or a skilled paralegal for.
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Last edited by TexasDreamy; 04-23-2022 at 06:46 PM..
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#3
04-25-2022, 10:35 AM
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Quote:
Originally Posted by DamLeon123 View Post
Im trying to fill out I 485. If I've had DACA since 2013 and been working full time since 2014 do I still need to submit an affidavit of support? Im adjusting via a family based petition.
Only if your petitioner's income is UNDER the poverty line:

https://www.uscis.gov/i-864p

The government is simply asking if your petitioner makes enough money to take care of you and anyone else at home. Do not mention your income unless absolutely necessary. Our lawyer's argument was "do not tell the government what they don't need to know."

My wife makes enough money to cover everyone at home, so our lawyer had us omit my income and our savings account.
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