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Yadeliz N Jairo

Is SSI income a true form of income

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My friend told me thaf putting my SSI income on the adjustment of status form that it would get my fiance denied. Well im not working right now because of condition that effects me to work in some work fields. My father is my sponser and my mom is self employed so the income for my household is my dads and the SSI. I am currently in school and will get a job that I will be able to work in eventually and so SSI wont be my income forever. If it will be an issue then i guess that I need a new plan.

Edited by Yadeliz N Jairo

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My friend told me thaf putting my SSI income on the adjustment of status form that it would get my fiance denied. Well im not working right now because of condition that effects me to work in some work fields. My father is my sponser and my mom is self employed so the income for my household is my dads and the SSI. I am currently in school and will get a job that I will be able to work in eventually and so SSI wont be my income forever. If it will be an issue then i guess that I need a new plan.

SSI is means tested which means you cannot use it as income. If your father is your co-sponsor just make sure he meets the 125% poverty guidelines. If not you will need another co-sponsor that does.


Met online 9/2012

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The warmth of true friendship and the love that binds the hearts of husband and wife are a foretaste of heaven. God has ordained that there should be perfect love and perfect harmony between those who enter into the marriage relation. Let bride and bridegroom in the presence of the heavenly universe pledge themselves to love one another as God has ordained they should. {LYL}

Thought to share our journey for those who need the encouragement!

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SSI or SSDI? SSDI can be used because it is not public assistance. SSI is considered public charge and would not be accepted as income for an affidavit of support. > http://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge

Acceptance of the following types of assistance may lead to the determination that the individual is likely to become a public charge:

Supplemental Security Income (SSI) under Title XVI of Social Security Act

If your father and mother combine incomes, do they meet the income requirement? Your father can fill out an I-864 as joint sponsor and your mother fill out an I-864A to combine her income with his. His household size is himself, his wife, anyone else he claims as a dependent, anyone else he is currently sponsoring plus the immigrant. If he and his wife make enough together to cover that household size, then your lack of income won't matter.

Edited by KayDeeCee

Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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SSI or SSDI? SSDI can be used because it is not public assistance. SSI is considered public charge and would not be accepted as income for an affidavit of support. > http://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge

I agree the SSI is means tested while SSDI is an insurance program that is available to qualified workers with disabilities regardless of their resources. Now what I don't agree with is it being countable income to help meet the poverty guidelines simple because it is not taxable and I can stand to be corrected. On that same like that you posted there is a question that says......----->Q. What publicly funded benefits may not be considered for public charge purposes? Well if you look below SSDI is not on the list seems to me that it may not be means tested but definitely not countable either. Do your research.

If your father and mother combine incomes, do they meet the income requirement? Your father can fill out an I-864 as joint sponsor and your mother fill out an I-864A to combine her income with his. His household size is himself, his wife, anyone else he claims as a dependent, anyone else he is currently sponsoring plus the immigrant. If he and his wife make enough together to cover that household size, then your lack of income won't matter.

Edited by Kolewenoik31

Met online 9/2012

Courtship 3/1/2013

ClockWatch2.gif

Passport for USC 6/10 thru 28/2013 19 days

First face to face meeting Nov. 4th 2013 dancin5hr.gif

Married 19 November 2013 heart.gif

:energy: USCIS-TSC

5/3/2014 Filed I-130

11/3/2014 NOA-1

24/7/2014 NOA-2 {135 days} :dancing:

12/8/2014 Case Shipped {NVC} :dancing:

:energy: NVC

20/8/2014 NVC received

29/8/2014 NVC case #

31/8/2014 DS-261 submitted

3/9/2014 NVC billed AOS & paid

19/9/2014 AOS sent

30/9/2014 IV invoiced

3/10/2014 IV paid

21/10/2014 IV package sent

21/11/2014 Case complete :dance:(L)

03/12/2014 Interview scheduled

08/12/2014 NVC shipped to Embassy "In Transit"

12/12/2014 Ceac shows "Ready"

:energy:Consulate

15/12/2014 Consulate received

07-08/01/2015 Medical {Passed!!!!}

26/01/2015 Interview results {APPROVED} :dance:(L)

26/01/2015 DHL Air Waybill created online

28/01/2015 Air Waybill shows "In Transit" :yes:

29/01/2015 Visa ready for pick up {DHL}

02/02/2015 Visa in hand

26/02/2015 POE

The warmth of true friendship and the love that binds the hearts of husband and wife are a foretaste of heaven. God has ordained that there should be perfect love and perfect harmony between those who enter into the marriage relation. Let bride and bridegroom in the presence of the heavenly universe pledge themselves to love one another as God has ordained they should. {LYL}

Thought to share our journey for those who need the encouragement!

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I agree the SSI is means tested while SSDI is an insurance program that is available to qualified workers with disabilities regardless of their resources. Now what I don't agree with is it being countable income to help meet the poverty guidelines simple because it is not taxable and I can stand to be corrected. On that same like that you posted there is a question that says......----->Q. What publicly funded benefits may not be considered for public charge purposes? Well if you look below SSDI is not on the list seems to me that it may not be means tested but definitely not countable either. Do your research.

What difference does it make that SSDI is non-taxable? Valid income is income. Non-taxable income can be used on an affidavit of support. There is no exclusion of income simply because it is non-taxable.

SSDI is not a publicly funded benefit. I thought we already established the difference between SSI and SSDI. You are getting confused here between two different things. SSI is publicly funded and it is considered public charge. SSDI is not. They are different. Perhaps it is you that should do some more research.

Edited by KayDeeCee

Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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What difference does it make that SSDI is non-taxable? Valid income is income. Non-taxable income can be used on an affidavit of support. There is no exclusion of income simply because it is non-taxable.

What difference? SSDI is insurance that is paid. The person is not paying into the system, they are just receiving money because there is a disability. The OP asked about SSI not SSDI so is their any need for a dispute really?. I think they should know whether it has a "D" or not. Besides this question has been asked by someone else who in turn called NVC and they told them because it is not taxable income it is not countable. And again I say "I can stand to be corrected" that is why I recommended for the OP to do "their" research OP I suggest you not take my word but inquire on your own with the officials to hear what their response is. Please update us!

Edited by Kolewenoik31

Met online 9/2012

Courtship 3/1/2013

ClockWatch2.gif

Passport for USC 6/10 thru 28/2013 19 days

First face to face meeting Nov. 4th 2013 dancin5hr.gif

Married 19 November 2013 heart.gif

:energy: USCIS-TSC

5/3/2014 Filed I-130

11/3/2014 NOA-1

24/7/2014 NOA-2 {135 days} :dancing:

12/8/2014 Case Shipped {NVC} :dancing:

:energy: NVC

20/8/2014 NVC received

29/8/2014 NVC case #

31/8/2014 DS-261 submitted

3/9/2014 NVC billed AOS & paid

19/9/2014 AOS sent

30/9/2014 IV invoiced

3/10/2014 IV paid

21/10/2014 IV package sent

21/11/2014 Case complete :dance:(L)

03/12/2014 Interview scheduled

08/12/2014 NVC shipped to Embassy "In Transit"

12/12/2014 Ceac shows "Ready"

:energy:Consulate

15/12/2014 Consulate received

07-08/01/2015 Medical {Passed!!!!}

26/01/2015 Interview results {APPROVED} :dance:(L)

26/01/2015 DHL Air Waybill created online

28/01/2015 Air Waybill shows "In Transit" :yes:

29/01/2015 Visa ready for pick up {DHL}

02/02/2015 Visa in hand

26/02/2015 POE

The warmth of true friendship and the love that binds the hearts of husband and wife are a foretaste of heaven. God has ordained that there should be perfect love and perfect harmony between those who enter into the marriage relation. Let bride and bridegroom in the presence of the heavenly universe pledge themselves to love one another as God has ordained they should. {LYL}

Thought to share our journey for those who need the encouragement!

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I was quite clear in my answer to the OP. If it is SSDI, then yes, it can be used. If it is SSI, then no, it cannot. One is public assistance and one is not. If the OP is receiving SSI, then it cannot be used for the I-864. That is what I said in the first place. I see absolutely no reason why you began to argue with me.

I asked which one and pointed out the difference because sometimes people simply post SSI when they mean SSDI. I wanted to make sure and make clear the difference

There is nowhere in the I-864 instructions that state non-taxable income cannot be used. Are you trying to tell me that everyone with non-taxable SS retirement benefit income had their I-864s denied? I know for a fact that is not the case. Valid income is valid income, taxable or not. Child support is not claimed on the recipient's taxes either, yet it can be used as well.

I do not know why someone received such misinformation from the NVC, unless it was possibly because they were using an I-864EZ instead as the income used for that form must be shown on your W-2. That does not apply to the I-864.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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I was quite clear in my answer to the OP. If it is SSDI, then yes, it can be used. If it is SSI, then no, it cannot. One is public assistance and one is not. If the OP is receiving SSI, then it cannot be used for the I-864. That is what I said in the first place. I see absolutely no reason why you began to argue with me.

I asked which one and pointed out the difference because sometimes people simply post SSI when they mean SSDI. I wanted to make sure and make clear the difference

There is nowhere in the I-864 instructions that state non-taxable income cannot be used. Are you trying to tell me that everyone with non-taxable SS retirement benefit income had their I-864s denied? I know for a fact that is not the case. Valid income is valid income, taxable or not. Child support is not claimed on the recipient's taxes either, yet it can be used as well.

I do not know why someone received such misinformation from the NVC, unless it was possibly because they were using an I-864EZ instead as the income used for that form must be shown on your W-2. That does not apply to the I-864.

Ok my friend I am not arguing with you just explaining that I had a couple friends that I met going through this process 1 tried to use SSDI and the other tried using child support and what was told to them is....they need a co-sponsor because those are non countable incomes. Good luck OP hope you get it figured out with the right answers. I'm no expert just telling you what was told to us when we asked about those resources, even adoption or foster care money was counted out. They are for the children not to be used to support the immigrant.


Met online 9/2012

Courtship 3/1/2013

ClockWatch2.gif

Passport for USC 6/10 thru 28/2013 19 days

First face to face meeting Nov. 4th 2013 dancin5hr.gif

Married 19 November 2013 heart.gif

:energy: USCIS-TSC

5/3/2014 Filed I-130

11/3/2014 NOA-1

24/7/2014 NOA-2 {135 days} :dancing:

12/8/2014 Case Shipped {NVC} :dancing:

:energy: NVC

20/8/2014 NVC received

29/8/2014 NVC case #

31/8/2014 DS-261 submitted

3/9/2014 NVC billed AOS & paid

19/9/2014 AOS sent

30/9/2014 IV invoiced

3/10/2014 IV paid

21/10/2014 IV package sent

21/11/2014 Case complete :dance:(L)

03/12/2014 Interview scheduled

08/12/2014 NVC shipped to Embassy "In Transit"

12/12/2014 Ceac shows "Ready"

:energy:Consulate

15/12/2014 Consulate received

07-08/01/2015 Medical {Passed!!!!}

26/01/2015 Interview results {APPROVED} :dance:(L)

26/01/2015 DHL Air Waybill created online

28/01/2015 Air Waybill shows "In Transit" :yes:

29/01/2015 Visa ready for pick up {DHL}

02/02/2015 Visa in hand

26/02/2015 POE

The warmth of true friendship and the love that binds the hearts of husband and wife are a foretaste of heaven. God has ordained that there should be perfect love and perfect harmony between those who enter into the marriage relation. Let bride and bridegroom in the presence of the heavenly universe pledge themselves to love one another as God has ordained they should. {LYL}

Thought to share our journey for those who need the encouragement!

Share this post


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Ok my friend I am not arguing with you just explaining that I had a couple friends that I met going through this process 1 tried to use SSDI and the other tried using child support and what was told to them is....they need a co-sponsor because those are non countable incomes. Good luck OP hope you get it figured out with the right answers. I'm no expert just telling you what was told to us when we asked about those resources, even adoption or foster care money was counted out. They are for the children not to be used to support the immigrant.

I have heard the NVC is more strict, even ignoring the actual instructions and laws at times when handing out checklists and advice. It should not be that way. Those filing or AOS deal with the USCIS though, not the NVC. All I can tell you is what the actual instructions and immigration code state, and that people do use their SS benefits and child support for affidavits of support. They are valid income sources, and not public charge. Child support is an income to the receiving parent to use for the child in ways they see fit, such as paying the rent, bills and buying food and clothes. Child support is not something given directly to the child. It is part of that parent's household income.

From the I-864 instructions>

Part 6. Sponsor's Income and Employment.

1. - 4. Job Classification.

Check the Item Number 1. - 4. that applies to you and provide the requested information.

5. Current Individual Annual Income.

Enter your current individual earned or retirement annual income that you are using to meet the requirements of this

form and indicate the total on this line.

You may include evidence supporting your claim about your expected income for the current year if you believe that

submitting this evidence will help you establish ability to maintain sufficient income. You are not required to

submit this evidence, however, unless specifically instructed to do so by a Government official. For example, you

may include a recent letter from your employer, showing your employer's address and telephone number, and

indicating your annual salary. You may also provide pay stub(s) showing your income for the previous 6 months. If

your claimed income includes alimony, child support, dividend or interest income, or income from any other source,

you may also include evidence of that income.

From the federal regulations: 8 CFR 213a.2 Use of affidavit if support. >

(i) Proof of income.

...

(B) If the sponsor had no legal duty to file a Federal income tax return for the most recent tax year, the sponsor must explain why he or she had no legal duty to a file a Federal income tax return for that year. If the sponsor claims he or she had no legal duty to file for any reason other than the level of the sponsor's income for that year, the initial evidence submitted with the an affidavit of support must also include any evidence of the amount and source of the income that the sponsor claims was exempt from taxation and a copy of the provisions of any statute, treaty, or regulation that supports the claim that he or she had no duty to file an income tax return with respect to that income. If the sponsor had no legal obligation to file a Federal income tax return, he or she may submit other evidence of annual income. The fact that a sponsor had no duty to file a Federal income tax return does not relieve the sponsor of the duty to file an affidavit of support.

Okayyyy thanks greatly appreciated and yes its SSI and not SSD.

Yes, so it cannot be used for your I-864. Hopefully your father and mother meet the requirement for joint sponsorship together, or you will need to find a joint sponsor that does.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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