Jump to content
Sign in to follow this  
priere_d

ssi

12 posts in this topic

Recommended Posts

My husband is currently receiving ssi and he cannot receive his income when he will be out of the US for more than thirty days. He was told though that if he will be out for more than a month he needs to inform the social security office about it so that they can stop his income and will be resumed after he gets back. Our question though, say he's out of U.S. for two to three months and don't receive his income would that affect application?

Thank you everyone.

Share this post


Link to post
Share on other sites

Well he talked to them and told him they can't give him his income when he's out for a month. So we are wondering if affidavit of support are filed, would that affect it since he won't be receiving his income for a month or two?

Share this post


Link to post
Share on other sites

Well he talked to them and told him they can't give him his income when he's out for a month. So we are wondering if affidavit of support are filed, would that affect it since he won't be receiving his income for a month or two?

The experience of some of us here is that when your working with a government agency, and we see it more with SSN's, the SS agent sometimes does not understand all the situations and therefore sometimes is giving out misinformation.

So, what we suggest is that you make an appointment with SS and restart the process. Sometimes it just needs a more experienced individual. Maybe the agent is not aware that he is going out of the country to the Philippines which is a "normal" country that many USC live in.

I used Vol's suggested website and found that he (your fiancée) would be allowed to go to the Philippines and continue receiving his benefits. Now, I don't have all the facts about your case and therefore suggest that he visit the nearest SS office, or he can call SS and discuss his situation over the phone with an agent.

To answer your question it is not going to effect your AOS as the income threshold is met from the past year that you completed taxes for. So now you would file the AOS using 2013 income but if filed after April 15th then he would need to use the income for 2014 tax year, neither which will effect the filing of the AOS this year.

Edited by Greenbaum

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

Share this post


Link to post
Share on other sites

SSI is welfare. It's to supplement those who's regular benefits are below a certain level. It stops when the recipient is outside the U.S. for 30 days.

Whether it stops or not is irrelevant for the Affidavit of Support because it's welfare. It can't be used. It's like trying to use food stamps to met the AOS financial requirements.

Edited by aaron2020

Share this post


Link to post
Share on other sites

Well he talked to them and told him they can't give him his income when he's out for a month. So we are wondering if affidavit of support are filed, would that affect it since he won't be receiving his income for a month or two?

SSI is not income. It's welfare. It's a means tested benefit.

It can not be used for the AOS. It doesn't matter if it stops or not since it's welfare and he can not use it for the AOS.

---------

Means Tested Public Benefits

Federal means tested public benefits are the following:

Food stamps

Supplemental Security Income (SSI)

Medicaid

Temporary Assistance for Needy Families (TANF)

State Child Health Insurance Program (CHIP)

Edited by aaron2020

Share this post


Link to post
Share on other sites

To follow up on an earlier post I stand corrected (thank you aaron2020).

Supplemental Security Income (SSI) is a Federal income supplement program funded by general tax revenues (not Social Security taxes): It is designed to help aged, blind, and disabled people, who have little or no income; and It provides cash to meet basic needs for food, clothing, and shelter. In further research the answer to your question is that he will lose his SSI during the time that he is out of the USA.

What is the Supplemental Security Income (SSI) program?

Supplemental Security Income (SSI) is a cash assistance program funded and administered by the Federal Government. The program is authorized by Title XVI (Supplemental Security Income for the Aged, Blind, and Disabled) of the Social Security Act. Beginning in January 1974, SSI replaced the Federal/State matching grant program of adult assistance to the aged, blind, and disabled. Under SSI, there is no minimum age limit for establishing eligibility based on blindness or disability. What is the Supplemental Security Income (SSI) program?

http://www.socialsecurity.gov/OP_Home/handbook/handbook.21/handbook-2100.html

Also:

2116. Absence from the United States 2116.1

Are you still eligible for SSI benefits if you leave the United States?

You are not eligible for SSI benefits for the month or months that you are:

1. Outside the United States for a full calendar month or more; and

2. Not a child living outside the United States with a parent in the military service or a student temporarily abroad for the purpose of studying.

2116.2 When are you considered back in the United States?

If you have been outside the United States for 30 days in a row, you are not considered “back” until you have spent 30 days in a row in the United States.

2116.3 When does your eligibility begin again after you have been outside of the United States?

After an absence of 30 days in a row, your SSI eligibility may resume effective with the day following the 30th day of your continuous presence in the United States. You must continue to meet all other eligibility criteria.

http://www.socialsecurity.gov/OP_Home/handbook/handbook.21/handbook-2116.html


Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×