Which is better - Assets or Immigrant Income for I-864

[inga44 5]

16 hours ago, geowrian said:

"may be eligible". I ran a quick estimate based on the data you provided (TX, age 70+, $12,000 income) and it implies no tax credits would actually be available.

https://www.healthcare.gov/see-plans/

Ah, yes, at $12,000 income for family, we'd be *way* below the poverty level! Our actual joint income is closer to $30,000 (still low-income, but quite workable with own house and garden in a warm climate), and the helpful link you provided estimates that we would qualify for a $1,645 tax credit per month, meaning premiums in the marketplace would be reduced by that much. From other info I know, that applies only to "Silver" plans and above. 

Seems that folks with *really* low income would be out of luck, but they would normally be on MedicAid. 

[inga44 5]

17 hours ago, geowrian said:

Yes, coverage is available form the marketplace.

Although you are still looking at around 4 digits per month for the premiums + actual healthcare costs (deductibles, copays, co-insurance, etc.). That's roughly $12,000/year if they are in (and remain in) good health.

The information I read earlier indicated no premiums after tax credit and up to $2,000/year co-pays, etc., per person. We can handle that, even if it comes to that, but I doubt (hopefully) that it will. 

[Diane and Chris 651]

16 hours ago, geowrian said:

True. And even my estimate was decently off. Income should be AGI....which is likely closer to $0 based on the OP's original comment. Not that it matters as <= $12k/year would be $0 credit.

Exactly. That’s what happened to us. We had assets to cover immigration but not enough income to qualify for a health tax credit. 

[Diane and Chris 651]

2 hours ago, inga44 said:

7 hours ago, jan22 said:

Because a joint sponsor must be domiciled in the US.  If her husband is domiciled in the US, he could/should be the petitioner.

Yes, thank you. That's what I understand. I guess we would have to consider what it takes to be "domiciled in the US," since he's still with me in Canada. 

Perhaps he could be the petitioner and your son could be the co-sponsor?  Don’t know if that’s possible but thought I’d throw it out there. 

[TM92 527]

26 minutes ago, inga44 said:

I have my own SS record from when I was a mere youngster teaching in Michigan, but it doesn't amount to 40 credits. 

How many US SS credits did your husband earn after you married? They can be credited toward the 40 required to be exempt of the I-864 requirements: https://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter14-15.html

Edited November 20, 2018 by TM92

[inga44 5]

13 minutes ago, Diane and Chris said:

Exactly. That’s what happened to us. We had assets to cover immigration but not enough income to qualify for a health tax credit. 

Just curious. So did you immigrate to the US, or not. If not, was your application rejected, or did you just choose not to immigrate based on your own judgment?

[inga44 5]

11 minutes ago, Diane and Chris said:

Perhaps he could be the petitioner and your son could be the co-sponsor?  Don’t know if that’s possible but thought I’d throw it out there. 

Seeing we're this far along in the process, my husband as co-sponsor would be more practical. It's possible to have several co-sponsors, and they don't have to be related. I'm currently looking into it. 

[Diane and Chris 651]

5 minutes ago, inga44 said:

Just curious. So did you immigrate to the US, or not. If not, was your application rejected, or did you just choose not to immigrate based on your own judgment?

No, my husband (then fiancé) immigrated just fine. We simply used our joint assets in order for him to qualify. 

[inga44 5]

12 minutes ago, TM92 said:

How many US SS credits did your husband earn after you married? They can be credited toward the 40 required to be exempt of the I-864 requirements: https://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter14-15.html

Wow! Thank you so much!! I thought I ran into some information on the topic, but not this detailed.;

Quote

Exemption Based on Social Security Work Credits

Immigrants who are exempt include those who have either:

• worked for 40 Social Security "quarters" (also referred to as having earned 40 "credits") in the U.S. (approximately ten years, depending in part on earnings level for each year in question)
• been married while the U.S. spouse worked for 40 Social Security quarters, or
• a combination of the above.

The concept is that a financial sponsor’s responsibility lasts until the immigrant has (among other possibilities) earned 40 work quarters credited toward Social Security. (A work quarter is approximately three months, but it depends partly on how high your earnings and the minimum for the year in question.) So if you have already reached the 40 quarters on your own, through lawful employment--perhaps while in the U.S. as a student or H-1B worker--there is no need for the sponsor to fill out an Affidavit of Support for you.

And, in an interesting twist, the immigrant can be credited for work done by his or her U.S. spouse during their marriage, or by a U.S. parent while the immigrant was under the age of 18.

Wow! All the 40 credits were earned during our marriage! 

No one has answered my original question, but this conversation has been extremely helpful nevertheless. Thank you so much1

[inga44 5]

19 minutes ago, Diane and Chris said:

No, my husband (then fiancé) immigrated just fine. We simply used our joint assets in order for him to qualify. 

Ah, that's like using my husband's income and assets as well. A no-brainer to some, but I thought he couldn't sponsor due to him not being a resident. 

Thanks for sharing! 

[TM92 527]

11 minutes ago, inga44 said:

All the 40 credits were earned during our marriage!

Great; just submit I-864W with his SSA earning statements. Select 1.a for Part 2.

[inga44 5]

1 hour ago, TM92 said:

Great; just submit I-864W with his SSA earning statements. Select 1.a for Part 2.

Thank you so much!! 

[NikLR 13,220]

Domicile is a bit different for Canada than other countries.  Generally they want a lease or rental agreement, job, driver's license, bills etc for people who are moving back right before interview.  If at the NVC then a job and US address usually suffices. 

[TM92 527]

22 minutes ago, NikLR said:

Domicile is a bit different for Canada than other countries.

Does OP's husband still have to meet domicile (or intent to establish domicile) requirements? Seems like its not going to be required, since OP can be credited with at least 40 SSA credits (her husband's credits); thus submitting I-864W instead of I-864.

Edited November 21, 2018 by TM92

[inga44 5]

34 minutes ago, NikLR said:

Domicile is a bit different for Canada than other countries.  Generally they want a lease or rental agreement, job, driver's license, bills etc for people who are moving back right before interview.  If at the NVC then a job and US address usually suffices. 

Are you referring to the Montreal embassy? (That's the only US embassy in Canada.)