Financial/I-864 Question

[Big Papa Zone 93]

OK, so I just got an email from 'er indoors posing a question with regard to her income. Her job by itself doesn't pay enough (which is why we went with a co-sponsor for the K-1) but now, things have changed.

Unfortunately, her ex-husband committed suicide last month, and apparently the kids are now entitled to something called "survivor benefit" until they graduate high school. I won't go into the exact figures, but suffice to say that if it's able to be counted as household income, then we'll more than be able to meet the 125% poverty line, and can dispense with the co-sponsor.

The only thing that concerns me slightly, is that this income will be seen (quite rightly) as exclusively for the kids' benefit, and as such, will mean that we can't count it as general household income.

Any info from anyone in the know on this would be greatly appreciated.

[Nich-Nick 3,354]

The survivor benefit is not a means tested benefit. It's paid because their Dad paid into Social Security. So that part is okay. I just wonder about showing it on the I-864. You can count family members income toward the household income, but the family member has to submit an I-864A basically agreeing for their income to be counted. And I don't know that less than 18 year olds can do that.

Found an answer to that:

(3) Household Members. The sponsor may use the income of any member of his or her own household who is at least 18 years old to help meet the household income requirement. The sponsor and household member must complete Form I-864A, which must include a copy or transcript of the household member’s most recent tax return and sufficient documentation of all income and assets he or she lists on the Form I-864A. USCIS shall use the same standards for documentary evidence of income and assets listed on a Form I-864A as are used for documentary evidence of income and assets listed on Form I-864.

page 15 of http://www.uscis.gov/files/pressrelease/AffSuppAFM062706.pdf

[Big Papa Zone 93]

The survivor benefit is not a means tested benefit. It's paid because their Dad paid into Social Security. So that part is okay. I just wonder about showing it on the I-864. You can count family members income toward the household income, but the family member has to submit an I-864A basically agreeing for their income to be counted. And I don't know that less than 18 year olds can do that.

Found an answer to that:

(3) Household Members. The sponsor may use the income of any member of his or her own household who is at least 18 years old to help meet the household income requirement. The sponsor and household member must complete Form I-864A, which must include a copy or transcript of the household member’s most recent tax return and sufficient documentation of all income and assets he or she lists on the Form I-864A. USCIS shall use the same standards for documentary evidence of income and assets listed on a Form I-864A as are used for documentary evidence of income and assets listed on Form I-864.

page 15 of http://www.uscis.gov/files/pressrelease/AffSuppAFM062706.pdf

Cheers for that, Nich. So you're thinking along the same lines as me then with regard to the "ownership" of the extra income (i.e. it's the kids' income, not their mother's?)

[Nich-Nick 3,354]

It may come in the mother's name. I don't know how it works. If the checks come in the kid's name, then I would say it was their income. Tell her to call Social Security info and ask how the checks are issued.

[BradnKim 0]

Damian,

I am in the same situation as you. I am the sponsoring USC and my kids' dad died 2 weeks ago, leaving them with no healthcare (he had always paid for it). My kids are now eligible for county sponsored healthcare, and I do meet the poverty quidlines for the affidavit of support, But I am worried that Immigration will have a problem with the kids receiving county healthcare. Do you know anything about this kind of situation?

Thanks,

Kim

OK, so I just got an email from 'er indoors posing a question with regard to her income. Her job by itself doesn't pay enough (which is why we went with a co-sponsor for the K-1) but now, things have changed.

Unfortunately, her ex-husband committed suicide last month, and apparently the kids are now entitled to something called "survivor benefit" until they graduate high school. I won't go into the exact figures, but suffice to say that if it's able to be counted as household income, then we'll more than be able to meet the 125% poverty line, and can dispense with the co-sponsor.

The only thing that concerns me slightly, is that this income will be seen (quite rightly) as exclusively for the kids' benefit, and as such, will mean that we can't count it as general household income.

Any info from anyone in the know on this would be greatly appreciated.