Questions about DS-5540

[ES0603 9]

I know this is a new form so there’s still a lot of confusion about it, but any advice is much appreciated!!

 

I’ll be preparing this form on behalf of my husband since he doesn’t speak English.... 

 

my first question;

 

 

on this part of the form, line 11 refers to the immigrant (which would be my husband) and anyone who will be immigrating with him....

line 12 says “you or your family”, so I assume that would refer to the immigrants spouse (which would be myself, his US citizen wife?).

I had “partial” Medicaid which ran out in March of 2020 and I applied for Medicaid again in May after an injury without the intention of receiving benefits, only because it seemed that it was a requirement to at least apply for Medicaid in order to receive non-government funded medical assistance through the hospital I recieved care at. I was denied the Medicaid benefits due to my income (as expected) and recieved the non-government benefits (which would be irrelevant to the public charge)...

 

so my question is: does my husband need to check “no” on line 11, and “yes” on line 12, and then explain that his US citizen spouse (myself) recieved benefits but is exempt? 
 

 

My second question is about assets available to the immigrant.... 

 

The deed to our house in the US is in both my name and my husbands name. The mortgage is in my name. Would we use our property as one of the assets available to him? It says a recent appraisal is necessary and we have an appraisal that was done in 2019 but how long will the appraisal be good for? I’m not sure if it would be worth paying for a new appraisal when we’ve only put about $4K towards the principal of the house.

 

And can we count my savings account as “assets available” to him without his name being on my bank account? We tried to add his name but I bank at a credit union so it wasn’t possible. 
 

 

thank you all so much in advance!!

[mizq 2]

2 hours ago, ES0603 said:

I know this is a new form so there’s still a lot of confusion about it, but any advice is much appreciated!!

 

I’ll be preparing this form on behalf of my husband since he doesn’t speak English.... 

 

my first question;

 

 

on this part of the form, line 11 refers to the immigrant (which would be my husband) and anyone who will be immigrating with him....

line 12 says “you or your family”, so I assume that would refer to the immigrants spouse (which would be myself, his US citizen wife?).

I had “partial” Medicaid which ran out in March of 2020 and I applied for Medicaid again in May after an injury without the intention of receiving benefits, only because it seemed that it was a requirement to at least apply for Medicaid in order to receive non-government funded medical assistance through the hospital I recieved care at. I was denied the Medicaid benefits due to my income (as expected) and recieved the non-government benefits (which would be irrelevant to the public charge)...

 

so my question is: does my husband need to check “no” on line 11, and “yes” on line 12, and then explain that his US citizen spouse (myself) recieved benefits but is exempt? 
 

 

My second question is about assets available to the immigrant.... 

 

The deed to our house in the US is in both my name and my husbands name. The mortgage is in my name. Would we use our property as one of the assets available to him? It says a recent appraisal is necessary and we have an appraisal that was done in 2019 but how long will the appraisal be good for? I’m not sure if it would be worth paying for a new appraisal when we’ve only put about $4K towards the principal of the house.

 

And can we count my savings account as “assets available” to him without his name being on my bank account? We tried to add his name but I bank at a credit union so it wasn’t possible. 
 

 

thank you all so much in advance!!

For 11 - Since you are a US citizen, you would not be immigrating with him. This question refers to any other person who would be seeking a visa in addition to your husband.

 

This form is for your husband to complete so all questions relate to him. Since he has not received any government assistance (I'm assuming?) you can check no. 

 

For assets, I believe if the deed is in his name, you can add that as available to him. Your appraisal should also be fine for the period. Your savings account cannot be assets available to him. It has to be in his name. Hope this helps.

 

 

[ES0603 9]

On 6/26/2020 at 3:30 PM, mizq said:

For 11 - Since you are a US citizen, you would not be immigrating with him. This question refers to any other person who would be seeking a visa in addition to your husband.

 

This form is for your husband to complete so all questions relate to him. Since he has not received any government assistance (I'm assuming?) you can check no. 

 

For assets, I believe if the deed is in his name, you can add that as available to him. Your appraisal should also be fine for the period. Your savings account cannot be assets available to him. It has to be in his name. Hope this helps.

 

 

I understand what you’re saying about question 11, but since question 12 says “immigrants family” wouldn’t a spouse count as family?

it seems in my opinion that the directions for question 11 are irrelevant to question 12...

[jagaimo 0]

On 6/28/2020 at 7:26 AM, ES0603 said:

I understand what you’re saying about question 11, but since question 12 says “immigrants family” wouldn’t a spouse count as family?

it seems in my opinion that the directions for question 11 are irrelevant to question 12...

Question 12 is a follow-up question concerning those family members for which Question 11 was applicable to determine if an exemption was granted.

[Sofitalian 132]

On 6/27/2020 at 1:09 AM, ES0603 said:

I know this is a new form so there’s still a lot of confusion about it, but any advice is much appreciated!!

 

I’ll be preparing this form on behalf of my husband since he doesn’t speak English.... 

 

my first question;

 

 

on this part of the form, line 11 refers to the immigrant (which would be my husband) and anyone who will be immigrating with him....

line 12 says “you or your family”, so I assume that would refer to the immigrants spouse (which would be myself, his US citizen wife?).

I had “partial” Medicaid which ran out in March of 2020 and I applied for Medicaid again in May after an injury without the intention of receiving benefits, only because it seemed that it was a requirement to at least apply for Medicaid in order to receive non-government funded medical assistance through the hospital I recieved care at. I was denied the Medicaid benefits due to my income (as expected) and recieved the non-government benefits (which would be irrelevant to the public charge)...

 

so my question is: does my husband need to check “no” on line 11, and “yes” on line 12, and then explain that his US citizen spouse (myself) recieved benefits but is exempt? 
 

 

My second question is about assets available to the immigrant.... 

 

The deed to our house in the US is in both my name and my husbands name. The mortgage is in my name. Would we use our property as one of the assets available to him? It says a recent appraisal is necessary and we have an appraisal that was done in 2019 but how long will the appraisal be good for? I’m not sure if it would be worth paying for a new appraisal when we’ve only put about $4K towards the principal of the house.

 

And can we count my savings account as “assets available” to him without his name being on my bank account? We tried to add his name but I bank at a credit union so it wasn’t possible. 
 

 

thank you all so much in advance!!

Hi, I can talk to your second question based on what our lawyer helped us with:

 

For assets, we listed all our assets (individually owned as well as jointly owned, in US or outside US). Our house in US have both our names on the deed so we include it. We didn't do a formal appraisal. We used the website Zillow, type in our house address, and get an estimate as if we are to sell the house (you can do this for free), then we screen captured that as a supporting document. I think my husband used the current estimated price on the house and minus the mortgage already paid out to arrive on the value for "Home Equity". We also included bank statements showing balances of our bank accounts (savings and chequing). Our lawyer suggested listing ALL assets we own, but for liabilities, only list the beneficiary's.

 

Hope this helps. I had my visa interview last week and the CO didn't ask for the DS5540.