SSDI and child benefit BUT moving home due to job offer

[TYPHOONBOB 4]

So, the title says most but not all, we filed i-130 ... married 4 yrs, completed i-864 but only used my disability of $27,000 and his $15000 as a minor US citizen and also Philippine born citizen, I put his money in with household members not in petition and listed his monthly monies... We had a thriving business here in the Philippines which my wife had before knowing me, hence part of why I gave up being a Realtor part time, and figured my pension plus her business would help... Well, I happened to marry the owner of the health spa, she along with my doctor have given me confidence that with the therapy and such I can finally get off the disability and full time work.  I was offered a 6 figure job, BUT... I have to get there first with them, we own 2 houses here, one work over $200,000 which is a lot here and cars, full house of furniture, a HUGE amount of proof of all this but it does not help me in the i-864 and I fear the worst.

 

Reason for moving is simple, we had planned this move in 15 years but covid changed it all so since kids cannot go to school here for a long long long time to come, why not do green card, stay off and on for 5 years then she gets US pension benefits from me, and our son can start school.  Today is his birthday, 3 years old and taking his nap and I am typing this in hopes someone can put my mind at ease or tell me they had a similar situation.  Hell, if you asked me even a year ago I would never have said i would leave here... Our end game is till to come back hence why we are not selling our possessions here.  

 

I have a good good job offer, how can I convey this to them, I sent a screenshot of the invite and sent them my licensure for real estate so I will have the primary job, also side job selling houses which I have done for years ...

 

 

 

[seekingthetruth 1,248]

33 minutes ago, TYPHOONBOB said:

hopes someone can put my mind at ease or tell me they had a similar situation. 

I don't know if I can put your mind at ease but my situation is a bit similar.

 

I am also moving my family of 5 from the Philippines to the US.  Two U.S. citizen school age daughters, one 17 year stepdaughter and my wife.  We are at NVC stage, and I am dragging my feet a bit.  We don't want to move until the school year finishes in June 2022.  Our reasons for moving are very similar to yours.

 

If your family size is three, then 125% of the poverty level is 27,450.  So your SSDI is just under that.

 

I don't know if they will include your child's SSDI.  My two USC kids get SS and members here on the forum told me I could not include it, but that is worth double checking.  I did not think about including it as "family member" income.  That might be OK.  I didn't need it.  Hopefully his SSDI is allowed and then your income is 42K.

 

If his income is not allowed, then there are other options.

 

1.  Use assets.  It would not take much.  The rule is:

The total net value of assets, less liens and liabilities against them, must equal five times the difference between the sponsor's income and 125% of the poverty level for the household size.

Sponsors of spouses and children of U.S. citizens must only prove assets valued at three times the difference between the poverty guidelines and actual household income.

 

So you only need $450 X 3 in assets to make up the difference.

 

2.  Get a co-sponsor.

 

3.  Go to the U.S. first and start the job.  You need to reestablish your domicile too.

 

As I understand it, the offer letter is not worth much at all.  How about your income taxes for the past 3 years?

 

I would not fret too much.  I think you will get approved but you might have to juggle some finances.  Unlike you, we are getting rid of almost everything here and selling our house here.  I'm documenting that as part of my intent to reestablish domicile.

 

Where are you?  I am in Subic Freeport.

[Boiler 45,692]

Joint Sponsor would be simplest.

[TYPHOONBOB 4]

4 hours ago, seekingthetruth said:

I don't know if I can put your mind at ease but my situation is a bit similar.

 

I am also moving my family of 5 from the Philippines to the US.  Two U.S. citizen school age daughters, one 17 year stepdaughter and my wife.  We are at NVC stage, and I am dragging my feet a bit.  We don't want to move until the school year finishes in June 2022.  Our reasons for moving are very similar to yours.

 

If your family size is three, then 125% of the poverty level is 27,450.  So your SSDI is just under that.

 

I don't know if they will include your child's SSDI.  My two USC kids get SS and members here on the forum told me I could not include it, but that is worth double checking.  I did not think about including it as "family member" income.  That might be OK.  I didn't need it.  Hopefully his SSDI is allowed and then your income is 42K.

 

If his income is not allowed, then there are other options.

 

1.  Use assets.  It would not take much.  The rule is:

The total net value of assets, less liens and liabilities against them, must equal five times the difference between the sponsor's income and 125% of the poverty level for the household size.

Sponsors of spouses and children of U.S. citizens must only prove assets valued at three times the difference between the poverty guidelines and actual household income.

 

So you only need $450 X 3 in assets to make up the difference.

 

2.  Get a co-sponsor.

 

3.  Go to the U.S. first and start the job.  You need to reestablish your domicile too.

 

As I understand it, the offer letter is not worth much at all.  How about your income taxes for the past 3 years?

 

I would not fret too much.  I think you will get approved but you might have to juggle some finances.  Unlike you, we are getting rid of almost everything here and selling our house here.  I'm documenting that as part of my intent to reestablish domicile.

 

Where are you?  I am in Subic Freeport.

We are in Tagaytay, thank you for your reply- I have assets but they're here, not there, my banks have cash back home but it is to start off again there is car, etc... I am going back to the Tampa Bay region with them I will not go without them, there is also a medical reason, my wife should have a mom's removed it is a simple procedure there but here it is a bunch.of drama at St Luke's, the myoma is not an emergency but it also is.a reason to go... plus I'm far behind on pro-active age 50 stuff, colonoscopy, heart check, and a new cpap..., etc.. all covered by insurance.  Job i have done for years and have not had a lapse, before covid I was relocating expats here and also doing referrals in Florida for foreclosures.  

 

I have no sponsors except friends in sure would do it, my son makes $175,000 yearly but is paid in Japan and it is a permanent job, my parents live in Thailand... so thats it.. I have nobody blood in the states that I would ask... 

 

If I gave up building the house here, sold it before finished I would net my down-payment of probably only $30,000 ... peanuts ... but selling all else would yield would be pretty expensive furniture sold at garage sale prices as well as my beloved 65" Samsung Q90T and the Yamaha setup hell, that one room is $5000 ... It blows my mind how I cannot use assets here but it is what it is.

 

I got a wild hair and decided I couldn't stand it anymore and it would be a good time to head home for some time, covid is destroying this economy, our price is set but blocks and materials are 5 times per covid.  47 per dollar means car insurance is not $500 a year it means it is more and more it adds up fast...

 

Maybe I am just sick of it all here but too deeply set here and I need to face reality.

[seekingthetruth 1,248]

5 minutes ago, TYPHOONBOB said:

Maybe I am just sick of it all here

I also was fine here until Covid.  It amplified all the things that are wrong here.  If it was only my wife and 17 year old step-daughter, I would probably stick it out, but I want something better for my two youngest.  And like you, after my wife gets 5 years in the U.S., she can get SS on my account.  There is always a chance we could move back, but highly unlikely.

[TYPHOONBOB 4]

43 minutes ago, seekingthetruth said:

I also was fine here until Covid.  It amplified all the things that are wrong here.  If it was only my wife and 17 year old step-daughter, I would probably stick it out, but I want something better for my two youngest.  And like you, after my wife gets 5 years in the U.S., she can get SS on my account.  There is always a chance we could move back, but highly unlikely.

We just feel it has been a long time since I've lived there, so I/we want to make sure it is the place for us, starting over once is enough without being a reverse expat like I read about who cone here,  sold it all and realized they hated it and had to do a do over again... a costly mistake I am trying to not do.  We will rent out part of the house,  store some,  sells some... but pretty much arrive with a job, car already approved and probably rent from a customer I sold houses to... Anyway I'm on Facebook Rob Lurer if you wish, I have nothing to hide using my real name lol... I'm pretty transparent online too and make sure I'm not critical of this country although I carry a mouthful of criticism of what has been done to kids, one solid year not supposed to go out, not able to run wild in a toy store, I owe me son a better life than this ... I believe covid is real but I also have a mouthful of .... nuff said.

 

Be safe! 

[Boiler 45,692]

Friends are fine for Joint Sponsors.

 

Domicile might be an issue.

[TYPHOONBOB 4]

37 minutes ago, Boiler said:

Friends are fine for Joint Sponsors.

 

Domicile might be an issue.

I kept plenty of intent to return, just not an address which with great ease i can rent online... anyway I keep my real estate license current and clients and such still are active,  hell one offered us one of his houses... We intended to go,  just not so quickly, covid ruined my wife business she has well before me so that reason to live here is gone and I have no problem working,  my job was like a country club.. it was one of those groups of friends that happen to work together... I am a confident speaker and I won't have any problems speaking and showing intent. 

 

Here's a saved article a fellow expat shared on Facebook..

 

https://www.nolo.com/legal-encyclopedia/how-overseas-us-citizen-proves-us-domicile-form-i-864-sponsorship.html

[JeanneAdil 6,562]

you are married 4 years so have you filed US tax returns with wife as spouse as you say you have a thriving business there?

her income is exempt for over $100,000 for the 4 ($107,600 for 2020) by filing and doing form 2555 for her income

 

your intent is to come work at 6 figure so you  will be giving up the SSDI for u and children 

and then your wife is not eligible for SS until your death (or she works and pays in 40 quarters) and she is not eligible for medicare until then either so there is health insurance to provide for her 

[TYPHOONBOB 4]

40 minutes ago, JeanneAdil said:

you are married 4 years so have you filed US tax returns with wife as spouse as you say you have a thriving business there?

her income is exempt for over $100,000 for the 4 ($107,600 for 2020) by filing and doing form 2555 for her income

 

your intent is to come work at 6 figure so you  will be giving up the SSDI for u and children 

and then your wife is not eligible for SS until your death (or she works and pays in 40 quarters) and she is not eligible for medicare until then either so there is health insurance to provide for her 

I wish it were ... $100,000 ... this country a doctor makes $1000 usd per month, I don't need to get into the theatrics of her business  was to take care of her family and us get another $1000 usd. 

 

Not giving up SSDI but doing"ticket to work" if not I'll do my LLC again and put commissions b under that and let my accountant do taxes.

 

I had a brain injury in a car accident ... a really bad one, it ruined working and it is a topic to this day I would rather not get into..  I went from a high paying job to living day to day bored with a good ability but headaches that would knock me down.  So I am eligible to collect 100% and work,  if I work full I'm good, if I work part time I'm good,  if my wife does her new business , she's learning here(bakery of pinoy breads) she'll do it there.  

 

Health insurance is provided day 1 for family we have US insurance here but it is useless Pacific Cross sucks... My employer will be my ex employer and insurance day 1 as well no preexisting.

 

I don't like leaving ... I didn't come here to debate why I am leaving it makes it harder to continue the journey if I lose drive, this has beenaa very very difficult decision,  we really don't want to move there,  it sometimes is not a choice. I have a service dog,  houses,  cars and nice live here but for now this world record longest lockdown is starving the people and making it not more fun to raise a family.  

 

All that and I feel if like to try to work like I could before! 

 

 

[TYPHOONBOB 4]

Just a word on visas... we could have easily jumped on the tourist visa pursuit, shown significant reasons to return here to the Philippines but it was not the truth, we don't seek to return .. not for a long time(months or years don't know)... what I do know is I don't want to get the wrong visa and I would like my wife to be able to be able to live there someday if this country goes to hell, emerging countries can do that after all. I felt strongly the correct ethical thing to do was the proper visa not Tourist then change it to Immigrant ... didn't seem ethical... so I hope I didn't screw myself by not having a solid house there and having a lot of ties here... ???

 

I see a lot here on these forums who ask people pretty personal questions, I certainly thought it was a place to share but not as these questions allude, one for me asked questions that are a rabbit hole that never ends.

 

So did I make a mistake?  I should be able to seek to go home, I'm a natural citizen, as is my son born abroad, we both have ssn and citizenship and it baffles me that I could be told NO... So what would they think? Bring a 3 yr old leave his mother who is my life partner I need as a caregiver in order to work?

 

Stupid rant over... I just felt a bit of probing by someone that really is not about our journey it was more sarcastic formed as a question or statement or am I just paranoid and don't know.the persons "personality"... I invite any and all questions just don't be a killjoy.  

[Boiler 45,692]

Pretty sure they are not processing Tourist Visa's.

[TYPHOONBOB 4]

52 minutes ago, Boiler said:

Pretty sure they are not processing Tourist Visa's.

Tourist is easy for her, she is my therapist as well as wife, she helped my chronic pain and headaches and it is noted in my doctor notes since.I kept the same US doctor telemedicine... so once I get to that part of asking domicile, i will even have a US doctor active ... actually 2 us doctors... actively as my doctor(s)... I just didn't want to go there with intent to stay (possibly) and have them upset ... A friend of mine years ago married and did that, they asked why they put vacation then came for an immigration status change, it is illegal..  But... knowing our situation, sometimes honesty will prevail so I will continue the path, it looks like if i set domicile INTENT, bank accounts, open new credit, get job offers(they say seek employment) ... sell assets here(we will just not yet) but I will not sell our house and stuff until I see the US is a right fit for us after 6 months there I will know then decide on long term or cut bait and go back here... My brother in law moved his wife here to Philippines and sold everything only to arrive here and be disgusted with lockdown handling and went home with wife... he had done a K1 and then moved here but went back pretty quick, now he is wanting to retire and move here.  Makes sense to not flush my entire life here to reestablish in the states if we end up not liking it... but we will stay at lease a year or two to get her green card started then keep residency there and go back and forth.  It sounds like a good plan, basically a vacation home in both places???? I don't know yet, this seems to be a moving changing world and rules.  

[TYPHOONBOB 4]

16 hours ago, Boiler said:

Joint Sponsor would be simplest.

Not with a son in Japan working for Amazon, both parents are in Thailand retired, Philippines was the natural place for us to live but now not so much, pandemic mess and health and list goes on

[seekingthetruth 1,248]

16 minutes ago, TYPHOONBOB said:

Makes sense to not flush my entire life here to reestablish in the states if we end up not liking it... but we will stay at lease a year or two to get her green card started then keep residency there and go back and forth.  It sounds like a good plan, basically a vacation home in both places????

I know people who do it, but it is an expensive lifestyle.  Usually the successful ones have family in both places to help with the homes.

 

However, once your son is school age, it is much harder unless you homeschool.  We met a Filipina here recently who is homeschooling her daughter using a U.S. based homeschool accreditation.