SSDI and Income Requirements

[JeanneAdil 6,203]

1 hour ago, Jorgedig said:

You sure about that?  If they are not moving out on their 18th birthday, they will still be considered members of your household.

Read SS guides

https://socialsecuritylawcenter.info/blog/if-i-am-approved-for-ssdi-will-my-child-receive-benefits/

 

Unless your children are also disabled, benefits will end the month before they turn 18. Children still in high school on their 18th birthday will continue to receive benefits until they graduate or leave school. If a child turns 19 before finishing high school, his or her benefits will end two months after turning 19.

[Georgia16 2,858]

Have you thought about the spouse visa?

 

With the K-1 she/he won't be able to work for about 6 months and it's a bit more expensive then the spouse visa as you guys will have to do the AOS.

[Sonotony 82]

I’m not sure why you are sending this link. I am aware of my children’s benefits. They will be part of my household until they graduate from high school and then they will move out. My benefit will be smaller, but my household will be smaller too.

Edited September 25, 2019 by Sonotony

[Sonotony 82]

15 minutes ago, Georgia16 said:

Have you thought about the spouse visa?

 

With the K-1 she/he won't be able to work for about 6 months and it's a bit more expensive then the spouse visa as you guys will have to do the AOS.

I don’t know much about the spouse visa other than it takes longer. I’m not worried about money, so I don’t need her to work unless she chooses to. I live a very simple lifestyle.  

 

Will the spouse visa change anything as far as being considered a public charge or anything like that?

[MjC772 94]

48 minutes ago, Sonotony said:

I don’t know much about the spouse visa other than it takes longer. I’m not worried about money, so I don’t need her to work unless she chooses to. I live a very simple lifestyle.  

 

Will the spouse visa change anything as far as being considered a public charge or anything like that?

This is pretty complicated actually; first, you can't, as far as i know, use your child benefits towards sponsorship. What you need to find out is if your $2500 alone can cover the sponsorship of the immigrant. If so, I don't really see a problem; however, there could be a variety of ####### here:

1) Do they count your SSDI as qualifying for yourself and intending immigrant only? (that's $22k and you'd be probably ok) 

2) Do they consider your entire household's income in that calculation? (will they reduce your children's "burden" because they receive their own benefits?) 

3) Will they consider you and your 3 children ONLY under your payment amount? (If that's the case you're looking at a needed income of $37,712)

 

I would really love to know the details of this....and how it turns out for you. Wish you the best....

[Sonotony 82]

9 minutes ago, MjC772 said:

This is pretty complicated actually; first, you can't, as far as i know, use your child benefits towards sponsorship. What you need to find out is if your $2500 alone can cover the sponsorship of the immigrant. If so, I don't really see a problem; however, there could be a variety of ####### here:

1) Do they count your SSDI as qualifying for yourself and intending immigrant only? (that's $22k and you'd be probably ok) 

2) Do they consider your entire household's income in that calculation? (will they reduce your children's "burden" because they receive their own benefits?) 

3) Will they consider you and your 3 children ONLY under your payment amount? (If that's the case you're looking at a needed income of $37,712)

 

I would really love to know the details of this....and how it turns out for you. Wish you the best....

Thanks for your well wishes.

 

Yes, I know for certain that I can count the children’s income toward household income. I will not be supporting a family of 5 on $2500 a month. I will have over $4000 a month.

[Villanelle 4,121]

11 minutes ago, MjC772 said:

This is pretty complicated actually; first, you can't, as far as i know, use your child benefits towards sponsorship. What you need to find out is if your $2500 alone can cover the sponsorship of the immigrant. If so, I don't really see a problem; however, there could be a variety of ####### here:

1) Do they count your SSDI as qualifying for yourself and intending immigrant only? (that's $22k and you'd be probably ok) 

2) Do they consider your entire household's income in that calculation? (will they reduce your children's "burden" because they receive their own benefits?) 

3) Will they consider you and your 3 children ONLY under your payment amount? (If that's the case you're looking at a needed income of $37,712)

 

I would really love to know the details of this....and how it turns out for you. Wish you the best....

Its actually not complicated. 

As for your questions- I really cant answer them because none of them are valid. SSDI is short for Social Security Disability. As mentioned it is not the same as SSI. It has been discussed on VJ in the past and confirmed that SS payments made to a parent on behalf of a child is considered "income" for the parent. So Sonotony can count his payment as well as payments made to him for his children as his income. His household size will be 3 children + him + immigrant, so total of 5. He needs to have at least the 125% poverty guideline and the closer he is to 250% the better. 

 

[MjC772 94]

4 minutes ago, Villanelle said:

Its actually not complicated. 

As for your questions- I really cant answer them because none of them are valid. SSDI is short for Social Security Disability. As mentioned it is not the same as SSI. It has been discussed on VJ in the past and confirmed that SS payments made to a parent on behalf of a child is considered "income" for the parent. So Sonotony can count his payment as well as payments made to him for his children as his income. His household size will be 3 children + him + immigrant, so total of 5. He needs to have at least the 125% poverty guideline and the closer he is to 250% the better. 

 

First, I know what SSDI is. However, it was my belief that child benefits were meant to be used for the child and the child alone, and not for contributing to sponsoring an immigrant, so please direct me to the information in the federal register or social security guides that says this is possible.      

[Villanelle 4,121]

16 minutes ago, MjC772 said:

First, I know what SSDI is. However, it was my belief that child benefits were meant to be used for the child and the child alone, and not for contributing to sponsoring an immigrant, so please direct me to the information in the federal register or social security guides that says this is possible.      

 

 

 

The State Department interprets “income” for purposes of the affidavit of support to be “total unadjusted income as shown on the tax return, before deductions.” Foreign Affairs Manual (FAM) 40.41 N5.5. Income includes salary and any monetary gains from any source, including the following:

Interest income and dividends
Alimony
Child support
Retirement benefits
Rent
Unemployment compensation
Workers’ compensation or other similar benefits, and
Any other benefits that the sponsor has received that must be included as taxable income.
See Instructions for Affidavit of Support Under Section 213A of the INA, page 7; 71 Fed. Reg. 35731, 35738 (June 21, 2006); FAM 40.41 N5.5.

Income cannot come from illegal conduct, “such as proceeds from illegal gambling or drug sales,” even if this income was reported on the sponsor’s income tax. In addition, the sponsor may not count any means-tested benefits as income. These include the following federal benefit programs:

Food Stamps
Supplemental Security Income (SSI)
Medicaid
Temporary Assistance to Needy Families, or TANF or
State Child Health Insurance Program, or SCHIP.

 

 

[MjC772 94]

3 minutes ago, Villanelle said:

 

 

 

The State Department interprets “income” for purposes of the affidavit of support to be “total unadjusted income as shown on the tax return, before deductions.” Foreign Affairs Manual (FAM) 40.41 N5.5. Income includes salary and any monetary gains from any source, including the following:

Interest income and dividends
Alimony
Child support
Retirement benefits
Rent
Unemployment compensation
Workers’ compensation or other similar benefits, and
Any other benefits that the sponsor has received that must be included as taxable income.
See Instructions for Affidavit of Support Under Section 213A of the INA, page 7; 71 Fed. Reg. 35731, 35738 (June 21, 2006); FAM 40.41 N5.5.

Income cannot come from illegal conduct, “such as proceeds from illegal gambling or drug sales,” even if this income was reported on the sponsor’s income tax. In addition, the sponsor may not count any means-tested benefits as income. These include the following federal benefit programs:

Food Stamps
Supplemental Security Income (SSI)
Medicaid
Temporary Assistance to Needy Families, or TANF or
State Child Health Insurance Program, or SCHIP.

 

 

Sorry, I am still not completely convinced. First, most people receiving SSDI are not working so their income is completely considered "unearned income" and, as such, he/she is not required to file a tax return. I see "child support" there but that is not really the same as benefits for a child beneficiary. Believe me, I hope you are right, but I'd like to see sound proof. I have searched this website and others and found no evidence that it is true. 

[Sonotony 82]

6 minutes ago, MjC772 said:

Sorry, I am still not completely convinced. First, most people receiving SSDI are not working so their income is completely considered "unearned income" and, as such, he/she is not required to file a tax return. I see "child support" there but that is not really the same as benefits for a child beneficiary. Believe me, I hope you are right, but I'd like to see sound proof. I have searched this website and others and found no evidence that it is true. 

I think you are looking at this the wrong way. I need to prove that I have enough income to take care of 5 people. The pool of $2500 is not all that is available to take care of 5 people. I have $1500 available to take care of three of them. Since the kids are taken care of, they do not need money from my $2500. If I couldn’t count the money from the kids, I shouldn’t have to count them as a liability either... so I should only have to qualify for the income requirements for two people... but that’s not the way it works. They look at total household income. They don’t care about the breakdown. However, you can see it as, $1500 goes towards expenses for the children and $2500 goes toward expenses for me and my wife.  The thing is, I am also allowed to use the children’s benefit money for household expenses. I need a bigger house, pay more in utilities because of them, so that money can be proportionally spent on rent, mortgage, utilities, groceries, etc.

[geowrian 22,335]

3 hours ago, Sonotony said:

They will be part of my household until they graduate from high school and then they will move out. My benefit will be smaller, but my household will be smaller too.

Just to clarify something, household size for immigration purposes does not work this way. Them moving out does not automatically make them no longer part of your household, at least as immigration is concerned. A "child" for immigration purposes refers to an unmarried son or daughter under age 21.

 

For I-864 purposes, a child is counted if under age 21 (or age of majority in their location of domicile) OR if they are claimed as a dependent on one's taxes. There are very few 18/19/20 year olds nowadays that would not still be part of their parent's household for immigration purposes.

This is part of the total consideration by the CO. I can't speak to what their decision may be, but I just wanted to clarify that this gap can be considered.

[SalishSea 16,776]

1 minute ago, geowrian said:

Just to clarify something, household size for immigration purposes does not work this way. Them moving out does not automatically make them no longer part of your household, at least as immigration is concerned. A "child" for immigration purposes refers to an unmarried son or daughter under age 21.

 

For I-864 purposes, a child is counted if under age 21 (or age of majority in their location of domicile) OR if they are claimed as a dependent on one's taxes. There are very few 18/19/20 year olds nowadays that would not still be part of their parent's household for immigration purposes.

This is part of the total consideration by the CO. I can't speak to what their decision may be, but I just wanted to clarify that this gap can be considered.

This is exactly what I was getting at.  They will very likely still be considered part of your household.

[Sonotony 82]

16 minutes ago, geowrian said:

Just to clarify something, household size for immigration purposes does not work this way. Them moving out does not automatically make them no longer part of your household, at least as immigration is concerned. A "child" for immigration purposes refers to an unmarried son or daughter under age 21.

 

For I-864 purposes, a child is counted if under age 21 (or age of majority in their location of domicile) OR if they are claimed as a dependent on one's taxes. There are very few 18/19/20 year olds nowadays that would not still be part of their parent's household for immigration purposes.

This is part of the total consideration by the CO. I can't speak to what their decision may be, but I just wanted to clarify that this gap can be considered.

 

14 minutes ago, Jorgedig said:

This is exactly what I was getting at.  They will very likely still be considered part of your household.

So let me get this straight. My oldest child is 15. When he turns 18, he will move in with his mother to help her, but he will still count against me as a household member, even though his mother will claim him on her taxes?  

 

Also, it should be noted that if one child leaves, the benefit of the other children goes up. For example, if someone receives $500 for each of three children, when the oldest child leaves, the person then gets $750 for each remaining child, etc.  

 

My youngest is 11. Her benefits will end in 7 years. Are you saying that they will look 7 years in the future and calculate my income requirements  for a family of three and not count my child’s benefit? 

 

Where are you getting this information from?

 

I have spoken to two immigration attorneys today and both said I can count their benefit as family income and have no concern for worrying about what happens in 3 or 7 years.

Edited September 25, 2019 by Sonotony

[Villanelle 4,121]

1 hour ago, MjC772 said:

Sorry, I am still not completely convinced. First, most people receiving SSDI are not working so their income is completely considered "unearned income" and, as such, he/she is not required to file a tax return. I see "child support" there but that is not really the same as benefits for a child beneficiary. Believe me, I hope you are right, but I'd like to see sound proof. I have searched this website and others and found no evidence that it is true. 

Income for the 864 does not have to be earned income. For the 864 you count all your income, earned or otherwise with the only exception being illegally gained funds.

9 FAM 302.8-2(C)(4)  (U) Required Supporting Evidence

(CT:VISA-626;   07-10-2018)

a. (U) In General:

(1) (U) Use of the Term Sponsor: The sponsor is the petitioner; anyone else is a joint or co-sponsor.  All references to requirements for the sponsor or sponsors would apply not only to the petitioner sponsor, but also to any co-sponsor household members executing Form I-864A and joint sponsors submitting a supplementary Form I-864. 

(2)  (U) What is Income?  Income, for the purpose of Form I-864, means the total unadjusted income as shown on the tax return, before deductions.  Total unadjusted income includes not only salary (if any) but also monetary gains from any other source, such as rent, interest, dividends, etc.

 

Anyway this is the last cut and paste policy I am going to provide. You are free to do your own research and provide any links you find that state something differently then I posted.