If my immigrating husband worked illegally in the U.S., can his work be counted toward 40 quarters?
Work with a valid Social Security Number may help avoid the Affidavit of Support requirement in the green card application.
I'm a U.S. citizen, married to a man from Mexico. He came to the U.S on a student visa, and then stayed on after graduation, with no immigration papers. He works at various restaurant jobs, all under the table. I also work, but only part-time. We have one child. We’ve been married for several years, and have finally saved up enough to pay all the fees to get him a U.S. green card. It seems like I might be able to avoid filling out an Affidavit of Support (Form I-864) for him, since the instructions basically say that if we’ve racked up 40 qualifying Social Security quarters between us during our marriage, I’m off the hook. But what about the fact that he was working illegally? Will that mean the work doesn’t count, or will it get him in trouble?