Affidavit of Support - Disabled on Social Security. Am I screwed?

[latteberry 1]

I tried searching these forums and came up with nothing, so I apologize if this has been answered before.

I'm about to mail the I-129f for my British spouse and have been nervous about the whole affidavit of support that comes next. I'm on permanent disability and receive income under a private Long-Term Disability policy as well as permanent Social Security Disability benefits and Medicare. My husband is currently working in the UK, and we have enough savings to bridge the gap until he finds work in the US under a K3 visa, but I'm getting nervous. Since he's the able-bodied one, he's really going to be the one providing the majority of the support once we relocate to the US.

Will the SSA income be a problem, since it's technically public funds? Part of me thinks it won't, otherwise that would mean a seriously discriminatory immigration policy toward disabled Americans, but since we're talking about the government, nothing would surprise me.

Can anyone ease my mind? If it's gonna be a problem, it's better to know now. If so, I might not even bother filing the I-129f- I'll just immigrate to England instead, even though that's not our preference.

[Radu & Mari 0]

I tried searching these forums and came up with nothing, so I apologize if this has been answered before.

I'm about to mail the I-129f for my British spouse and have been nervous about the whole affidavit of support that comes next. I'm on permanent disability and receive income under a private Long-Term Disability policy as well as permanent Social Security Disability benefits and Medicare. My husband is currently working in the UK, and we have enough savings to bridge the gap until he finds work in the US under a K3 visa, but I'm getting nervous. Since he's the able-bodied one, he's really going to be the one providing the majority of the support once we relocate to the US.

Will the SSA income be a problem, since it's technically public funds? Part of me thinks it won't, otherwise that would mean a seriously discriminatory immigration policy toward disabled Americans, but since we're talking about the government, nothing would surprise me.

Can anyone ease my mind? If it's gonna be a problem, it's better to know now. If so, I might not even bother filing the I-129f- I'll just immigrate to England instead, even though that's not our preference.

Hi Latteberry,

I too had some concerns about my AOS at the time because I was on SSI for over 2 years and I went back to the work force on June 06 and therefore never filed a IRS return for the prior 2 years nor was I able to meet the poverty level had I filed prior to the time that I did (I currently make enough and show proof). I'm assuming that you do not meet the poverty level with both of your income? Are you filing an IRS return? When I contacted NVC they told me to request a transcript from the IRS proving that I never filed for a return and write a letter explaining why I did not file during those years. I submitted my 1099R for those prior years since the AOS requires you to show 3 years of tax filing and I wrote the letter with my explanation. I got a letter from my employer stating when I began my services there and what my salary is.

I guess in your situation it depends if you meet the poverty level on your income or not. If you do not meet the poverty level, then you will have to get a co-sponsor. I asked NVC if they would allow me to use my spouse's income since I knew he had a job where I worked when he came in and had filed his W2 for 2006 but they had told me that I could not use his income since he was the beneficiary. I don't know if it is different for an I129F. I filed for CR1. I hope this helps you. Good Luck.

Mari

[Meriem_DZ 37]

Social Security Disability benefits are not counted as public assistance. Social Security Income (SSI) is counted as means tested income or public assistance. My husband came here on a K-1 visa and I am getting Social Security Disability benefits. It was never a problem cause I just make over the poverty level when I added the child support I receive. If you have any other questions, just send me a message.

Meriem

[MargotDarko 0]

I tried searching these forums and came up with nothing, so I apologize if this has been answered before.

I'm about to mail the I-129f for my British spouse and have been nervous about the whole affidavit of support that comes next. I'm on permanent disability and receive income under a private Long-Term Disability policy as well as permanent Social Security Disability benefits and Medicare. My husband is currently working in the UK, and we have enough savings to bridge the gap until he finds work in the US under a K3 visa, but I'm getting nervous. Since he's the able-bodied one, he's really going to be the one providing the majority of the support once we relocate to the US.

Will the SSA income be a problem, since it's technically public funds? Part of me thinks it won't, otherwise that would mean a seriously discriminatory immigration policy toward disabled Americans, but since we're talking about the government, nothing would surprise me.

Can anyone ease my mind? If it's gonna be a problem, it's better to know now. If so, I might not even bother filing the I-129f- I'll just immigrate to England instead, even though that's not our preference.

Hello. If you receive 125% of the poverty guidelines or more for your household, then you're fine. If it's just you and your husband, then you need to receive something around $17,200 USD a year from disability and your policy. I can't remember the exact figure. If you don't receive that much, your husband will need a co-sponsor - it can be anyone who resides in the US who meets the 125% poverty guideline requirements for their household and is willing to sign the affadivit of support.

Some things to consider - if your husband enters on a K3 visa, he will not be allowed to work until he has an EAD (employment authorisation document). That will take 80 to 100 days to receive after applying for and will soon cost $340 USD. Also, entering on a K3 visa means that he will have to file for adjustment of status before receving a green card - the fee for that is about to be $1,010 USD (that happens at the end of July). Someone please correct me if the $340 is included in that.

Something else, if you're going to or have already obtained further leave to remain in the UK, I think you should very seriously consider staying in the UK until you have received a CR1 for your husband and skip the K3 entirely. It will save you a serious load of money and your husband will be continuing to earn and save in the UK while you wait. I do not know anything about disability benefits, but further leave to remain in the UK does not make you a permanent UK resident so my inclination is to think that staying in the UK for another 10 or 11 months would not disrupt that.

This is what I would do if I were you - obtain further leave to remain in the UK (if you haven't already), skip the K3 visa, continue with the I-130 petition. When it's approved, continue with NVC processing and then the hubby will get packet 3 in the UK and apply for the visa (in his case it will be a CR1). Once he receives the CR1, make plans to move to America. When he enters on the CR1, he will shortly receive his two-year green card in the mail and will be able to work right away (his SSN will take a few weeks but someone may hire him before that). Then the only other fee you have to deal with is removing conditions - which will be almost two years after entering.

Going that route, you'd have to be in the UK for a while, but you'll avoid quite a lot of fees and hassle in the long run. The K3 visa was designed for couples who are separated (USC in the US and foreign spouse in their own country) to bring them together faster because the 1-130 and immigrant visa used to take even longer than it does now.

[Yodrak 7]

latteberry,

Google <9 FAM 40.41 Notes> and read notes N2.2 and N4.1c

Yodrak

I tried searching these forums and came up with nothing, so I apologize if this has been answered before.

I'm about to mail the I-129f for my British spouse and have been nervous about the whole affidavit of support that comes next. I'm on permanent disability and receive income under a private Long-Term Disability policy as well as permanent Social Security Disability benefits and Medicare. My husband is currently working in the UK, and we have enough savings to bridge the gap until he finds work in the US under a K3 visa, but I'm getting nervous. Since he's the able-bodied one, he's really going to be the one providing the majority of the support once we relocate to the US.

Will the SSA income be a problem, since it's technically public funds? Part of me thinks it won't, otherwise that would mean a seriously discriminatory immigration policy toward disabled Americans, but since we're talking about the government, nothing would surprise me.

Can anyone ease my mind? If it's gonna be a problem, it's better to know now. If so, I might not even bother filing the I-129f- I'll just immigrate to England instead, even though that's not our preference.

[pushbrk 13,092]

I tried searching these forums and came up with nothing, so I apologize if this has been answered before.

I'm about to mail the I-129f for my British spouse and have been nervous about the whole affidavit of support that comes next. I'm on permanent disability and receive income under a private Long-Term Disability policy as well as permanent Social Security Disability benefits and Medicare. My husband is currently working in the UK, and we have enough savings to bridge the gap until he finds work in the US under a K3 visa, but I'm getting nervous. Since he's the able-bodied one, he's really going to be the one providing the majority of the support once we relocate to the US.

Will the SSA income be a problem, since it's technically public funds? Part of me thinks it won't, otherwise that would mean a seriously discriminatory immigration policy toward disabled Americans, but since we're talking about the government, nothing would surprise me.

Can anyone ease my mind? If it's gonna be a problem, it's better to know now. If so, I might not even bother filing the I-129f- I'll just immigrate to England instead, even though that's not our preference.

Disability income, whether private or SSD is counted the same as employment income. Provided the total of the SSI plus the private LTD adds up to enough to qualify, you have no problem. Just state your case clearly and concisely and provide the documentation of the income. SSD is always considered permanent. If you have a letter of determination indicating your private insurance considers your disability permanent, provide it as well but it may not be critical.

My only caveat is that private LTD usually ends at age 65, so if your current age is anywhere near 65, you COULD have a problem.

[Yodrak 7]

pushbrk,

Be careful about use of the 'SSI' acronym without clearly defining it. Earned Social Security payments, such as Social Security disability payments, are not relevant to the issue of public charge, but supplemental security income - SSI - is relevant.

Yodrak

Disability income, whether private or SSD is counted the same as employment income. Provided the total of the SSI plus the private LTD adds up to enough to qualify, you have no problem. Just state your case clearly and concisely and provide the documentation of the income. SSD is always considered permanent. If you have a letter of determination indicating your private insurance considers your disability permanent, provide it as well but it may not be critical.

My only caveat is that private LTD usually ends at age 65, so if your current age is anywhere near 65, you COULD have a problem.

[pushbrk 13,092]

Yes, I see I used SSD two times and SSI once between them. My mistake. It's really SSDI but if figured the "I" part was understood.

pushbrk,

Be careful about use of the 'SSI' acronym without clearly defining it. Earned Social Security payments, such as Social Security disability payments, are not relevant to the issue of public charge, but supplemental security income - SSI - is relevant.

Yodrak

Disability income, whether private or SSD is counted the same as employment income. Provided the total of the SSI plus the private LTD adds up to enough to qualify, you have no problem. Just state your case clearly and concisely and provide the documentation of the income. SSD is always considered permanent. If you have a letter of determination indicating your private insurance considers your disability permanent, provide it as well but it may not be critical.

My only caveat is that private LTD usually ends at age 65, so if your current age is anywhere near 65, you COULD have a problem.

[latteberry 1]

Wow, thank you all so much!

I'm far from 65, so my benefits won't end for a long time. The two combine for a total of a little over $26K, and we have no children or other dependents.

Now I'm wondering whether I should file the I129f at all...the thing is, our expenses in the UK are eating into our savings each month, so the sooner we end that the better, but I'm not good with figures and can't tell if it will cost us more to stay here or to end up in the US paying filing fees and waiting for him to get employment eligibility.

ugh. now I know why people pay immigration lawyers.

[pushbrk 13,092]

Wow, thank you all so much!

I'm far from 65, so my benefits won't end for a long time. The two combine for a total of a little over $26K, and we have no children or other dependents.

Now I'm wondering whether I should file the I129f at all...the thing is, our expenses in the UK are eating into our savings each month, so the sooner we end that the better, but I'm not good with figures and can't tell if it will cost us more to stay here or to end up in the US paying filing fees and waiting for him to get employment eligibility.

ugh. now I know why people pay immigration lawyers.

Life IS a series of judgment calls, isn't it. You don't need a lawyer to do the math for you. The bigger uncertainty is how long it will take your husband to actually find work once he gets here. If you file the I-129F now and he comes on a K3 visa, you can expect to pay about $1300 in additional fees. Sticking with the I-130 will cost you another $450 in total fees but you'll probably stay in the UK three to six months longer. The other up side is the immediate authorization to work.

[mailman2 0]

I am also on disabilty and not working, a very helpful discussion regarding disability and what to do.

One question I still have is, on form I-134, what did others put for question 7 - I am

employed as or engaged in the business of? I was thinking of putting retired, none

or disabled with attached explanation. How did others answer this question. Thanks

[Dakine 26]

Be careful about use of the 'SSI' acronym without clearly defining it. Earned Social Security payments, such as Social Security disability payments, are not relevant to the issue of public charge, but supplemental security income - SSI - is relevant.

Yodrak

Is SSI acceptable as income for meeting financial requirements?

I've seen where some say it is and some say nay!

Couldn't find much Googling!

Edited August 17, 2007 by beckypua

[pushbrk 13,092]

Is SSI acceptable as income for meeting financial requirements?

I've seen where some say it is and some say nay!

Couldn't find much Googling!

SSDI is permanent disability income. Usually it is insufficient, alone, to meet the 125% poverty guidlines but the OP also has private disability coverage. Provided the private coverage extends to age 65, income is income as long as it is documentable. It is not welfare or deemed being a public charge anymore than retired folks on SS are a public charge.

[Dakine 26]

Do people receiving SSI get a 1099 like peeps on SS do?

[mailman2 0]

I am also on disabilty and not working, a very helpful discussion regarding disability and what to do.

One question I still have is, on form I-134, what did others put for question 7 - I am

employed as or engaged in the business of? I was thinking of putting retired, none

or disabled with attached explanation. How did others answer this question. Thanks

I haven't heard back from anyone that has actually had experience with this, so went down to the

local USCIS office with my I-134 and most supposting documentation to get signed. They weren't too concerned what was answered in question 7 and it's also on the I-129 also.

They do want to see proof of whatever $$$$ figure is put down. I understood that, but missed the following, on the I-134 is a line for personal property, I think I put down $40,000, but for some reason, didn't think to provide any proof. Basically, for this item, they just said put together a list of what you have and add up the numbers, car - use Kelly Blue Book, clothes, furniture... Don't let that get you! Anyway, I was a little too early to get the I-134 signed, but got many other questions answered.

The rep also pointed out that down the road, when filling out an I-485 Adjust of Status, yes it is $1010, but if you want to get advanced parole I-131, it does not cost any more and is included in the I-485. She circled the last paragraph on page 2 of the I-485 which states this. That's good news.