Are benefits income?

[AFQuaid 18]

Hi Again,

Another question just crawled into my mind. As I'm reading ahead. When we get to the finational part of the process and need to fill in questions of income. My fiancé and I both are on disability benefits. In the UK I am recieving 6 different benefits that have secured me over for daily living as I am severely disabled and unable to work. My Fiancé has his own apartment in the States and manages to pay all he needs to with US disability benefits. We both do not have jobs and will not be seeking jobs due to impairments. When it comes down to question of income and work. Do we just put how much benefits we got last year etc? Just to make this question clear we haven't been asked finational questions yet, but once we get there we'd like to know what to put. We cannot exactly but "none" because we don't work. We have money and also have an "america" account as we call it were I'm saving to go back to the states when (sigh if we're lucky enough) to have the visa granted. I phoned the social services in my Fiancé's area some months ago about if I'd be intitled any benefits for the first 2 years. Apparently I am allowed to fill out for emergency disability benefits from california as soon as I land with the k-1.

Anyone got an answer?

[gag54611 1]

From a financial perspective, your fiance must be able to prove that he can support you, so his financial situation is more important than yours. After you are married, you will file to adjust your status to Permanent Resident and, at that time, your fiance will file an I-864. This form requires him to submit his last IRS tax return. So, if he normally declares his benefits as income on the IRS form, then it will probably be seen as income from an immigration perspective. What your fiance may need to provide is a statement from the benefit provider that declares the amount of the benefit and how long it will last for.

Note that a lot of what I say here is my logical deduction. So please don't take it as absolute. I'm sure that there will be other, better informed, responses.

Best of luck,

G

Edited February 6, 2006 by gag54611

[AFQuaid 18]

Thank you G

[meauxna 15]

I phoned the social services in my Fiancé's area some months ago about if I'd be intitled any benefits for the first 2 years. Apparently I am allowed to fill out for emergency disability benefits from california as soon as I land with the k-1.

I would look into this much more seriously before you get too far along. Normally, immigrants are barred from applying for means-tested benefits for the first 5 years in the US.

How would you qualify under 'emergency' benefits when you are planning a move well ahead of time? That does not sound like an emergency under my understanding of the word.

I'm not saying it's impossible, but if I were in your place I would want to be more than double-sure of my financial future.

[rebeccajo 14]

Please download the I-134 and I-864 forms and read regarding 'means tested benefits'.

Perhaps one of our resident experts might also see this post and respond. I think this might be a valuable thread.

[rebeccajo 14]

Bump.

[AFQuaid 18]

I know it may seem to a normal person a disabled person immigrating is a weight on the state etc. I qualify for emergency benefits (which are very little btw) because I have a serious life threatening health condition since birth. I have a number to apply for the emergency benefit and all the lady gave me for when the time comes. I double checked with her and I do qualify. The issue is if benefits are "income" when it comes to the k-1 visa forms. Ty all for your responces they are much appresiated.

[rebeccajo 14]

I know it may seem to a normal person a disabled person immigrating is a weight on the state etc......

Not to me. My mother is disabled. You two have as much right to be together as any of us.

I've posted in and bumped your thread because I'm not certain what 'means tested benefits' are and I am really hoping someone with a deeper understanding will come in here.

BTW, welcome to VJ!

[Mand 1]

Check out here

Hi and welcome to VJ.

This link I hope might be of some use to you I hope. It's basically the 2005 Poverty Guidelines with some info on Means Tested Public Benefits. I hope it may help.

Good Luck on the journey

[Chuckles 0]

I know it may seem to a normal person a disabled person immigrating is a weight on the state etc. I qualify for emergency benefits (which are very little btw) because I have a serious life threatening health condition since birth. I have a number to apply for the emergency benefit and all the lady gave me for when the time comes. I double checked with her and I do qualify. The issue is if benefits are "income" when it comes to the k-1 visa forms. Ty all for your responces they are much appresiated.

I am not qualified to answer your question, HOWEVER, your potential husband does not need alot of income to qualify. I believe he needs to make just under 13k per yer to be considered qualified to support you. And yes, his benifits are considered income. I do not know about yours. I would wager he makes the qualifying amount. If not, maybe his parents can co-sponser.

Good luck with this. I hope you find your answer.

[AFQuaid 18]

Ty Guys your stars

[rebeccajo 14]

Thank you Amanda.

[meauxna 15]

I know it may seem to a normal person a disabled person immigrating is a weight on the state etc. I qualify for emergency benefits (which are very little btw) because I have a serious life threatening health condition since birth. I have a number to apply for the emergency benefit and all the lady gave me for when the time comes. I double checked with her and I do qualify. The issue is if benefits are "income" when it comes to the k-1 visa forms. Ty all for your responces they are much appresiated.

I am not qualified to answer your question, HOWEVER, your potential husband does not need alot of income to qualify. I believe he needs to make just under 13k per yer to be considered qualified to support you. And yes, his benifits are considered income. I do not know about yours. I would wager he makes the qualifying amount. If not, maybe his parents can co-sponser.

Good luck with this. I hope you find your answer.

I'd add that:

-Not all 'benefits' are created equal. What type and from which agency the USC gets benefits from may make a difference. His marital status may make a difference for his future benefits as well.

-The dollar figure is closer to 17K per year, not 13.

I still find it hard to believe that the OP got the correct information about what benefits she would be entitled to receive without the USC sponsor being held responsible for repayment. I've been reading on this topic in depth for over 4 years, and that is my opinion.

A Joint Sponsor would probably be the solution.

[rebeccajo 14]

Still would like to keep this upfront for more 'community education'.

[Chuckles 0]

I'd add that:

-Not all 'benefits' are created equal. What type and from which agency the USC gets benefits from may make a difference. His marital status may make a difference for his future benefits as well.

-The dollar figure is closer to 17K per year, not 13.

I still find it hard to believe that the OP got the correct information about what benefits she would be entitled to receive without the USC sponsor being held responsible for repayment. I've been reading on this topic in depth for over 4 years, and that is my opinion.

A Joint Sponsor would probably be the solution.

Anything that gets reported on your 1040 is considered income, correct? Disability benifits get reported on your 1040?? Maybe not taxable but reported??

I am asking these questions seriously. I do not know the answer. It seems logical to me though.