On April 22, 2025, the Department of State revised its Foreign Affairs Manual (9 FAM 601.14) regarding the affidavit of support requirement. This update eliminates Form I-864W and now allows applicants who qualify for the 40 quarters exemption to self-identify in the CEAC portal and submit Social Security Administration (SSA) earnings statements. While the change streamlines procedure, it also highlights an often-overlooked provision of immigration law that many applicants and even practitioners rarely consider.
The Affidavit of Support Requirement
In most family-based immigration cases, the intending immigrant must be supported by a U.S. citizen or lawful permanent resident sponsor who files Form I-864, Affidavit of Support. This is a binding contract with the federal government, intended to ensure the immigrant will not become a public charge. In some employment-based cases where the petitioner is a relative or has ownership interest in the company, Form I-864 may also be required.
Only U.S. citizens and lawful permanent residents may serve as I-864 sponsors. Nonimmigrants in H-1B, L-1, or other temporary categories cannot sign this form.
The 40 Quarters Exemption
Congress created an exemption from the affidavit requirement for immigrants who have a demonstrated work history in the United States. Under INA §213A(a)(3)(B), if the intending immigrant can be credited with at least 40 quarters of Social Security-covered work (approximately ten years), then Form I-864 is not required.
These credits can come from several sources:
- The applicant’s own work. If the applicant previously worked in the U.S. lawfully and accumulated 40 quarters, they qualify. This applies even if they are now living abroad and no longer working.
- A spouse’s work. The applicant may count all qualifying quarters earned by their spouse during the marriage. This remains true if the spouse has since died. The only time it does not apply is if the marriage ended in divorce.
- A parent’s work. An applicant may count all qualifying quarters earned by a parent while the applicant was under 18 years of age. Whether the parent is alive or deceased today does not matter—the timing of the work is what counts.
By contrast, a parent cannot use a child’s work history to meet the 40 quarters test, nor can siblings or other relatives be credited. Congress deliberately limited this benefit to an applicant’s own record, their spouse, or their parent’s work while they were a minor.
Lawful Employment Required
It is not enough that quarters appear on an SSA earnings statement. Immigration law requires that the underlying work must have been lawfully authorized. For example, if a parent accumulated 40 quarters while on H-1B status, those would count. If quarters were earned while the person was unauthorized to work, they do not qualify for this exemption, even if SSA shows them on the record.
Quarters from Unauthorized Work Do Not Count
It is important to understand that not every quarter shown on an SSA earnings statement will qualify for the affidavit of support exemption. Under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, quarters earned through unauthorized employment cannot be credited for immigration purposes. While SSA records all Social Security-covered work for which taxes were paid, immigration authorities only count quarters that were based on authorized employment.
For example, a foreign national working for many years in H-1B status or as a permanent resident can use all of those quarters toward the exemption. But if the same person had a period of unauthorized employment before getting status, the quarters from that period cannot be used even if they appear on the SSA statement. For practitioners, it is wise to document lawful work authorization during the years that make up the 40 qualifying quarters, since USCIS or DOS may question the basis for the exemption.
Common Scenarios
Consider these real-world examples to illustrate how the exemption works:
- Applicant’s own history: A lawful permanent resident applicant previously worked in the U.S. for twelve years and then returned abroad. She now applies for an immigrant visa. By checking the CEAC exemption box and uploading her SSA statement, she avoids filing Form I-864.
- Using a spouse’s work: An intending immigrant never worked in the U.S., but her U.S. citizen husband worked for fifteen years. Even if the husband is currently unemployed, the immigrant may rely on those quarters to file the case without an affidavit of support.
- Using a deceased spouse’s work: A widow whose husband had over ten years of qualifying work remarries a U.S. citizen. The new spouse has no income to support an I-864, but the widow may still claim the 40 quarters exemption based on her deceased spouse’s record.
- Using a parent’s work: A young adult immigrating through his U.S. citizen mother can rely on the fact that his late father worked in the U.S. for ten years while he was under 18. His father’s SSA earnings statement is sufficient proof.
- What does not work: A 75-year-old father adjusting status through his 55-year-old U.S. citizen son cannot rely on the son’s past 40 quarters of work. The statute does not allow a parent to claim a child’s work history.
Why NVC Rarely Mentions This Option
Practitioners often notice that NVC’s request-for-evidence templates rarely mention the possibility of avoiding the I-864 through 40 quarters. There are several reasons:
The exemption is statutory but rare. Most immigrants do not qualify, so NVC standardizes its notices around the default expectation that Form I-864 will be required.
Historically, the process was handled by Form I-864W, which explicitly asked whether the applicant was exempt. Now that the form is discontinued, applicants must raise the exemption themselves.
NVC prefers to over-document rather than risk qualifying a case incorrectly. The burden rests on the applicant and their attorney to claim the exemption, check the CEAC box, and provide SSA statements.
Practical Filing Guidance
With the April 2025 FAM revision, the procedures differ slightly depending on whether the applicant is consular processing or filing for adjustment of status in the United States.
For consular cases: The applicant must check the exemption box in the CEAC portal, upload SSA earnings statements, and provide relationship documents such as a marriage certificate, birth certificate, or death certificate if relying on a deceased spouse. NVC will not forward the case until this documentation is received.
For adjustment of status (I-485): Applicants no longer submit Form I-864W. Instead, they must include the SSA earnings statements and relationship documents directly with the I-485 package. No I-864 is required if the exemption is established.
Conclusion
The April 2025 revision to the Foreign Affairs Manual streamlines how the 40 quarters exemption is claimed, but it also shifts more responsibility onto applicants and attorneys to raise it. By eliminating Form I-864W, the Department of State now expects clear proof at the front end through SSA records.
For practitioners, the key is to proactively identify whether an applicant may qualify for the exemption through their own work, a spouse’s contributions (alive or deceased), or a parent’s work performed while the applicant was under 18. Understanding these options can spare clients the difficulties of finding a financial sponsor when one may not be legally required at all.
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