ThailandExpat

Hopefully this post would merge into my previous one but temp agencies usually offer little to no benefits. I applied to one yesterday and they told me that I would either have to enroll onto the ACA (bronze level plan is way to expensive and unafordable) or to pay the penality. they did have limited coverage for dental, vision, and life but nothing for my wife.

yes.

I would hope so but who knows what's in store for us. Never in my life did I imagine that I would have all the trouble finding a job once I returned back to the states nor did I ever imagine that my wife would experience so much trouble in getting her Green Card / Social Security Number. There was a teaching job lined up for my wife at a school but they had to fill that position because school is starting in a week or so. All she needed to get this job was the ssn. I was also hoping to have a decent paying job (10-11 dollars an hour) with some decent benefits when I arrived yet 300 job applications later I am struggling to find even part time work that pays 7:25 an hour. We are currently living off of our saving that we had while abroad. Neither of us enjoys the prospect of begging for government support and I much rather die than to ever go on food stamps or other "benefits". Heck, if I wanted to, I would qualify for full disability right now even though I am 34 years old yet I refuse to even entertain that notion. So to answer your question directly Umka, I would hope that I am in a position to take care of our child. That's the only answer i can possibly give to you right now.

The people at my local SS office are totally clueless then. I tried to swing by there Friday but arrived at 3:15 pm. Little did I know the office closed at 3:00 grrr. Anyway, I went back yesterday with my wife and spoke with a young 20 something year lady who was manning a counter. We gave her my wife's passport with the IR-1 visa, my wife's birth certificate, Tennessee driver's license, all the paperwork concerning my wife's visa and a printout of the link that KayDeeCees provided. After consulting with a fellow co worker the young lady informed us that she could not use the "temporary I551" that on my wife's Ir-1 visa. She needed the the card which (i could have misunderstood her on this so please do not take this a the gospel) is on back side of the Green Card. As per the regulations that she told me she needed to physically inspect the card to ensure that it was legit and to swipe the magnatic strip onto her computer. She advised me to continue on waiting for the Green Card to arrive via mail. This is sooooooo frustating!!!!!!

No she would not qualify for medicare that is a government means tested benefit. Look into "Obamacare" they have subsidies for people who don't meet the income requirement.

I doubt that you have looked at how much a bronze level plan under the ACA would costs and the extremely high co-payments. Getting subsidies to meet the insane prices of the ACA just got alot more complicated since I am in a state that choose not to set up their exchanges. Regardless, I believe that you may be getting confused between "means tested" and "emergency Medicaid". Emergency Medicaid, which is clearly listed on the aos form, is not a means tested benefit from the research I have done. . Below is an authoritative document explaining what this is and how it is applied to each state which may be of some values to others.

http://niwaplibrary.wcl.american.edu/public-benefits/health-care/17.1_Emergency-Medicaid-Chart-MANUAL-ES.pdf

While states are constrained by federal law in their ability to provide public benefits to certain types of “non-qualified” aliens, all states provide them coverage for emergency medical services. While program features and restrictions vary somewhat across the states, most have borrowed essential definitions and restrictions from federal law. Thus, there is some degree of conceptual uniformity. For example, because the federal Personal

Responsibility and Work Opportunity Reconciliation Act of 1996 (“PRWORA”) allows the provision of only emergency benefits to nonqualified aliens, most states have borrowed the federal definition of “emergency medical condition” in order to ensure their compliance.

This information is current as of November18, 2010. It is intended to provide an overview regarding health benefits and emergency Medicaid for each state.

*****************************************************************************************************************************************************************************************************

“Emergency medical condition” is defined at §1903(v)(3) of the Social Security Act (“SSA”) (42 U.S.C. §1396b(v)(3)) as a medical condition (including emergency labor and delivery) manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in (1) placing the patient's health in serious jeopardy, (2) serious impairment to bodily functions, or (3) serious dysfunction of any bodily organ or part.

http://www.ssa.gov/OP_Home/ssact/title18/1867.htm

OP,

The temporary green card is the visa itself endorsed by a standard CBP entry stamp (CBP is no longer placing special I-551 stamps in passports of immigrant visa holders). If your spouse has not yet received her SSN card, then go to the nearest office and obtain one. The previous poster is correct, a temporary green card can be used to obtain a SSN card and number.

**Moderator hat on**

***Moved from IR-1/CR-1 Process & Procedures to Moving to the US and Your New Life In America forum; topic is about issues post POE and note about the visa process itself.***

I have contacted all of the local offices in my area and they have all told me that we are unable to apply for a SSN unless we have the Green Card even though I have explained to them that she has an IR-1 visa and she recently got her driving license.

My wife legally entered into America on an IR1 visa this past May. I paid the $160 processing fee for her Green Card in April while we both were still in Thailand. When I paid USCIS assured us that we would get the Green Card within 45 days of the payment provided we were in America at that time. At our POE the immigration officer told my wife that she would receive it within 30 days. As of today we have not received it. Yesterday, I was informed that it should be within the mail sometime by mid-August by a supervisor at USCIS. Without her Green Card my wife is unable to get a job because she is unable to get a social security number. I was hoping that my wife could work as a teacher in my county since she has teaching credentials from both the Philippines and from Thailand. I already contacted my congressman’s office over this and they told me that there is little that they could do to help us. Do we have any recourse other than sitting tight and hoping for the GC to arrive in the mail?

The second question revolves around the affidavit of support that I signed. Since coming back to the states I have filled out 300 job applications and I have yet found full time employment much less one that offers any medical benefits. Yet, my wife is two months pregnant I am deeply embarrassed to ask this but would my wife be able to qualify for emergency Medicaid, as stipulated by the AOS that I signed, if by the time of her delivery we have no insurance and no means to pay for the birthing?

No. You only need to file an I-864a if you want to include her income to meet the guidelines.

ditto

I only filled out the income of my joint sponsor ( or was it co-sponsor) while leaving out his wife details.

Ugh I hate to hear that.. I worry a lot about that too. Another thing that I'm including is a copy of my professional teaching license which I have maintained in the US, and proof that we are getting my husband's credentials evaluated to get his professional license in the US. Do you have anything like that you could include? Good luck!

I have a degree in social work (BSW) but I never received or sought licensure in that field. My wife has a teaching license from the Philippines and we can look at getting that transferred to America but I doubt that will help me with my domicile issue

Thanks Darnell for providing that link but unfortunately I have already read it. Quoting from a different website

“Intent to Domicile” for U.S. Citizens Returning from Overseas

A convincing combination of the following types of action might be considered as an indication of a U.S. citizen’s “intent to domicile” in the U.S.:

1. Establishing an address in the United States
2. Setting up and maintaining bank accounts in the United States
3. Transferring funds to the United States
4. Making and maintaining investments in the United States
5. Seeking employment in the United States
6. Applying for a social security number
7. Voting in U.S. local, state, or federal elections
8. Enrolling children in U.S. schools
9. Paying U.S. income taxes
10. Taking steps to relinquish residency in a foreign country

*The domiciliary requirement applies to the petitioner, sponsor and joint sponsor(s)

http://aboutusvisas.com/how-to-prove-intent-to-domicile-in-the-us/

1: check

2: check

3: have not transferred any funds from Thailand to America due to the insane fees associated with such transfers. Will have to reconsider that position after today

4: I have a small forex account in America. Will that help?

5: Hard to seek employment when you on the other side of the world.

6: already have a ss number

7: check

8: my wife and I have no kids

9: check: I've not had to pay any taxes due to my relatively meager income but I have filed for my taxes each year

10: How can I take such steps to relinquish residency in Thailand? My contract with the school will end at the end of this month and I have no plans on teaching another year here

edit: typo

My wife went for her interview today and was denied due to my lack of domicileness. The officer gave us one year to provide evidence of my intent to return back to America but he would not provide my wife any concrete steps that we must take to prove this. We sent the following documents for the interview:

1: recently opened bank account in America

2: voting records for both local and federal elections

3: tax returns for the previous six years while in Thailand

4: invitation letter from my aunt to stay at her residence while we get on our fee

The only other things that I can think that I can include the next time are:

1: copy of a 1 way plane ticket back to the states

2: legal and binding contract with my aunt covering rent

3: letter from my dad's doctor explaining his declining health

I don't have any assets in America and I had planned on being a farmhand / handyman once I get back to support my wife. The only outstanding bills I have are my college tuituion.

I've looked at my embassy website about this issue but they do not offer concrete steps for me to take. Each case is unique. What other suggestions can anyone provide that will allow my wife and i to enter into America together?

USCIS scheduled an interview with my wife this coming Monday in Bangkok for her IR1 visa. The interview was scheduled last month after they received the I-130 package. Is it safe to assume that my wife and I are in limbo if the government shuts down?

My embassy scheduled an interview with my wife in Bangkok on Monday, Sept. 30 at 7:00 am. Upon the successful completion of the interview my wife would be given a visa to America which would be valid for six months. The processing time, however, is two or three days which would bring us into October. What role, if any, would a government shutdown have on the interview and visa processing?

I am quite familar with that page and it's a problem that has been gnawing at the back of my mind for some time now. I've been in Thailand for ten years now and married for five. By no means am I a well off individual with alot of assets. As much as I would like to I will not be opening any account with Peter Schiff or buying real estate. Nor will be able to enroll childen into school since we have none. We have family members who will shelter us until we are able to get on our own two feet. That's not a problem. About the only other thing that I can think of is my voting.

I had intended to include this in my previous post but somehow it got cut off

[typo fixed]

When you study the scant lines in the I-864 and the instructions about 'this' -

you'll see there's a section about domicile and the fact that you have to show either:

1. proof of USA domicile or

2. proof of re-establishing USA domicile.

Plan accordingly

If you put the mouse button over the blank space on the pdf form it asks about the country of your birth. Contrary to the opinions of others I actually do research and I am fully aware of what my embassy has stated on the matter.

*edit*

I dont know why my post got cut off.

http://bangkok.usembassy.gov/immigrant_visas/domicile.

I have read the first six pages of this thread and this domicile business has me scared. I have lived in Thailand for ten years and married for five. My wife and I have no children of our own or assets to brag about. I've voted in the past presidential elections and I have filed taxes every year that I have been in Thailand except for the current one. My CPA has always told me that there was no need for me to file taxes since my income was below the poverty line. Naturally, I have a joint sponsor who has provided me with all of his financial details. I plan on living with some relatives once I get back to the states and our feet on the ground. What more can I do to prove my intent of re-establishing my domicile?

That's the safe way. You COULD use Dad's income alone and then document it but quite often the Consular Officer will request the I-864a from the spouse anyway. The real reason is that, because they are married, Dad alone signing is committing the joint assets to repay the government for any potential benefits. The purpose of the affidavits is not limited to showing the ability to support somebody. It's also a contract to repay the governent for means tested benefits ever paid to the immigrant during an extensive period of exposure. Married people are responsible for each other's debts, so asking them both to sign for a contract obligating marital assets is "prudent".

That depends on which state you live in. In a handful of states "community property" rules, most debts incurred by one spouse during the marriage are owed by both spouces. But in states that follow "common law" property rues, debts incurred by one spouse are usually that spouse's debts alone, unless the debt was for a family necessity, such as food orshelter for the family or tuition for the kids. These are the general rules as some states have subtle variations in how they treat joint and seperate debts. My dad and I are fully aware of the purpose of the affidavit and the consequences should my wife require financial assistance from the government

http://en.wikipedia.org/wiki/Community_property

One last question that should not cause to much controversay. Would I list the country of domicile as Thailand as I have worked here for ten years and explain in an attachment that I will be moving back with my wife once she is approved? Should I include a photocopy of my current workpermit and copies of my prior visas in my passport for the duration of my stay in Thailand?

so, for I-864 stuff (hello to all, btw)

must show:

1. prior years income (3 years) via

.....a. Full Tax Return Documents (1040, W-2, Schedules, Forms) or

.....b. Tax Return Transcripts

2. current annual income for 2013 via

.....a. Employment Letter from Employer or

.....b. Paystubs or

.....c. Audited Quarterly Income/Loss statements (plural) from CPA's office (If a business)

When an income tax return is filed jointly, the spouse must also prep an additional I-864A.

That's it, in a nutshell. I pray you have a good nutcracker, as I know the spoon is big.

From the USCIS I-864A manual:

Form I-864A may only be used when a sponsor's income and

assets do not meet the income requirements of Form I-864 and

the qualifying household member chooses to combine his or

her resources with the income and/or assets of a sponsor to

meet the requirements. The obligations of the household

member under this contract terminate when the obligations of

the sponsor under the Affidavit of Support terminate

If my dad's income is sufficent then why should he include my step mother's income?

If you present a tax return, instead of an IRS transcript, you must include a W-2 as it is an integral part of the tax return. This is because anyone can fill out a copy of tax return and not necessarily file it, so you must include W-2's. A W-2 is not the same as an employment letter (which is easy to "fake"). The rules are what they are and you are wasting time by trying to go around them because you don't have a needed document (W-2).

The phraseology of the statement quoted does not suggest that W-2's may be optional. They are not optional if the worker received one. If the income was from self employment rather than wages, then the taxpayer would have filed a Schedule C and he would not have a W-2. This is what your quote refers to when it says "supporting schedules and/or W-2's". So it is either/or/and depending on how the income was produced.

BTW, your sponsor should be able to easily get a W-2 from his employer. If he says that he can not, then something is wrong.

I will probably be doing an DCF filing with the Bangkok Embassy. The instruction booklet that i downloaded from the embassy website states that all I need is an employment letter. I have quoted directly from the booklet and attached it on a previous post for closer inspection. No where does it mention a w2 form. I had my dad get an employment letter to satisfy the requirement listed in their booklet. It was not an attempt to somehow skirt the rules. I am merely trying to follow them exactly by crossing every "t" and dotting every "i". IAnyway, t's 2:00 am sunday morning for me. Perhaps a good night sleep will clear my head a little bit.

There is a schedule c: profit and loss from business. The name of the proprietor is his wife and line 7 has 53,073 filled in

i've seen that checklist before though I am afraid that it does not answer the question that I posted above. The relevant parts states the following:

IF you paid U.S. income taxes, you MUST submit a copy of the most recent federal income tax return with all supporting schedules and/or W-2s, or an Internal Revenue Service (IRS) transcript (even if the sponsor filed electronically). To request IRS-generated transcripts or copies of a tax return, visit the IRS website.

That phraseology of that statement suggests that the w2s could be optional in certain circumstances. The checklist from the Bangkok embassy website states that you must have an employment letter. My question was if my dad could use the employment letter instead of the w2. Both essentially states the same thing and serve nearly identical purposes.

the instruction package from the Bangkok Embassy states:

 EVIDENCE OF FINANCIAL SUPPORT: Your Petitioner should present evidence that neither
you nor your children (if applicable) will become a public charge in the United States. A Form
I-864 (Affidavit of Support) signed by Petitioner for each traveling applicant can be submitted
with a copy of Petitioner’s proof of US citizen or legal permanent resident status in the US, an
employment letter and a copy of Petitioner’s tax return (Form 1040) for the most recent tax
year. Sponsors’ income must meet the poverty guidelines at the time of Affidavit of Support
filing.

Can the employment letter be used interchangable with the w2? I've downloaded the package as an attachement to this post

112012_iv_instruction_packet_3.pdf

Will last's year w2 from my joint sponsor suffice or should he provide one the previous three years?

Schedules are additional forms you file with the IRS. For example you fill out a schedule C for profit/loss.

Thanks for the clairification. My dad sent his tax forms and his schedules but not his w2s. Would that be sufficent? I am a little shy asking him for anything else and I would like to get the ball moving for my wife.

I have to use w2's in addition to his state/federal tax returns? What do you mean by "schedules"?