Filing a petiton for the benificiary and the husband is disabled under age of 62

[navyswife 0]

Does anybody here under age of 62 and disabled/receiving supplementary benefits from SSS etc. had any problem on filing a petition (K3 or CR1/IR1,DCF) for their wife/husband...Can anybody suggest what to do My husband is 40 yrs old and disabled receving supplementary from his SSS. He was an EX navy but not retired and not receiving a pension bcoz he got hurt outside the service. He is ready to go back to the US thats why we are starting to collect all the necessary requirements that will be needing. All are there, his bank account, medical insurance, doctor etc...but we found this.....

These links explain the USCIS Welfare definitions:

http://www.uscis.gov/files/article/Public.pdf

Any responds will be greatly appreciated pls help us clear about this and what to do.....

[Penguin_ie 5,993]

I am not sure what you mean with "Does this means there is no other way"?

He can file a petition for you and his being disabeld is not going to cause any problems in and of itself, but if he only has disability benefit, it probably won't be enough for the affidavit of support; he would need to have other income, assets ( a house, shares, savings account etc), or find a friend or family member in the USA who can co-sponsor for you.

[DEDixon 39]

Does anybody here under age of 62 and disabled/receiving supplementary benefits from SSS etc. had any problem on filing a petition (K3 or CR1/IR1,DCF) for their wife/husband...Can anybody suggest what to do My husband is 40 yrs old and disabled receving supplementary from his SSS. He was an EX navy but not retired and not receiving a pension bcoz he got hurt outside the service. He is ready to go back to the US thats why we are starting to collect all the necessary requirements that will be needing. All are there, his bank account, medical insurance, doctor etc...but we found this.....

These links explain the USCIS Welfare definitions:

http://www.uscis.gov/files/article/Public.pdf

Any responds will be greatly appreciated pls help us clear about this and what to do.....

I've always thought from the various readings on VJ that no matter the income source, it has to be (1) above poverty level and (2) steady.

The steady part is a judgment call by the USCIS and the CO when it is time for your interview. Firstly, however is an income that is above the poverty level. I don't know of any exception to the poverty level requirement. The steady part of the equation usually applies to the self employed (they can have 1 good year however many bad years in the past so US gov't personnel want to see a steady income).

I'd recommend that he file the petition if his SSS or SSI income is above the poverty level. If it is not above the poverty level, he can get a co-sponsor, but sometimes they are picky about accepting a co-sponsor.

The document you pointed to is about YOU, not your husband. Many times in the document, it says "the alien's." The document is saying that if you use SSI as an alien (LPR), you could be deemed a "public charge."

[Dakine 26]

Does anybody here under age of 62 and disabled/receiving supplementary benefits from SSS etc. had any problem on filing a petition (K3 or CR1/IR1,DCF) for their wife/husband...Can anybody suggest what to do My husband is 40 yrs old and disabled receving supplementary from his SSS. He was an EX navy but not retired and not receiving a pension bcoz he got hurt outside the service. He is ready to go back to the US thats why we are starting to collect all the necessary requirements that will be needing. All are there, his bank account, medical insurance, doctor etc...but we found this.....

These links explain the USCIS Welfare definitions:

http://www.uscis.gov/files/article/Public.pdf

Any responds will be greatly appreciated pls help us clear about this and what to do.....

The main thing is for him to prove domicile in the US and file back tax returns or a letter explaning why he didn't file.

The only petition he can file with DCF is the CR-1 or [iR-1 if you guys have been married for more than 2 years.]

[navyswife 0]

I am not sure what you mean with "Does this means there is no other way"?

He can file a petition for you and his being disabeld is not going to cause any problems in and of itself, but if he only has disability benefit, it probably won't be enough for the affidavit of support; he would need to have other income, assets ( a house, shares, savings account etc), or find a friend or family member in the USA who can co-sponsor for you.

Yes we do have a co sponsor and that is my brother in CA. He is earning pretty good. Is that ok, we will live in Alabama if i get a visa , and my co sponsor lives in the CA?

[navyswife 0]

Does anybody here under age of 62 and disabled/receiving supplementary benefits from SSS etc. had any problem on filing a petition (K3 or CR1/IR1,DCF) for their wife/husband...Can anybody suggest what to do My husband is 40 yrs old and disabled receving supplementary from his SSS. He was an EX navy but not retired and not receiving a pension bcoz he got hurt outside the service. He is ready to go back to the US thats why we are starting to collect all the necessary requirements that will be needing. All are there, his bank account, medical insurance, doctor etc...but we found this.....

These links explain the USCIS Welfare definitions:

http://www.uscis.gov/files/article/Public.pdf

Any responds will be greatly appreciated pls help us clear about this and what to do.....

I've always thought from the various readings on VJ that no matter the income source, it has to be (1) above poverty level and (2) steady.

The steady part is a judgment call by the USCIS and the CO when it is time for your interview. Firstly, however is an income that is above the poverty level. I don't know of any exception to the poverty level requirement. The steady part of the equation usually applies to the self employed (they can have 1 good year however many bad years in the past so US gov't personnel want to see a steady income).

I'd recommend that he file the petition if his SSS or SSI income is above the poverty level. If it is not above the poverty level, he can get a co-sponsor, but sometimes they are picky about accepting a co-sponsor.

The document you pointed to is about YOU, not your husband. Many times in the document, it says "the alien's." The document is saying that if you use SSI as an alien (LPR), you could be deemed a "public charge."

Ok thanks very much! I got it now and its clear that they are pointing about me. I am fit to work and can work when i get there and will not be a public charge. we do have a co sponsor and doing pretty good money.

[navyswife 0]

Does anybody here under age of 62 and disabled/receiving supplementary benefits from SSS etc. had any problem on filing a petition (K3 or CR1/IR1,DCF) for their wife/husband...Can anybody suggest what to do My husband is 40 yrs old and disabled receving supplementary from his SSS. He was an EX navy but not retired and not receiving a pension bcoz he got hurt outside the service. He is ready to go back to the US thats why we are starting to collect all the necessary requirements that will be needing. All are there, his bank account, medical insurance, doctor etc...but we found this.....

These links explain the USCIS Welfare definitions:

http://www.uscis.gov/files/article/Public.pdf

Any responds will be greatly appreciated pls help us clear about this and what to do.....

The main thing is for him to prove domicile in the US and file back tax returns or a letter explaning why he didn't file.

The only petition he can file with DCF is the CR-1 or [iR-1 if you guys have been married for more than 2 years.]

Yes thats what we are going to file DCF. Maybe we will fall to CR1 for we are less than 2 yrs married. Yes he will return to the US bfore i face the CO to prove his domicle...

[TimandJoyce 1]

Tim is on disability, ( not from military or anything) and has been for the past two years. We DID NOT have a co sponsor, but I got the visa based on assets alone. ( his IRA, the sale of my house). If you have any kind of assets yourself, ( sale of house, car, etc) it may work for you too.

Best wishes for your journey!

[Dakine 26]

This link wil help for hubby on how to establish domicile.

http://manila.usembassy.gov/wwwh3207.html

[navyswife 0]

Tim is on disability, ( not from military or anything) and has been for the past two years. We DID NOT have a co sponsor, but I got the visa based on assets alone. ( his IRA, the sale of my house). If you have any kind of assets yourself, ( sale of house, car, etc) it may work for you too.

Best wishes for your journey!

Ok thanks! We will have a co sponsor...He is only receing a SSS Disablity and medicare plus the unum which is not a part of SSS and we already cleared abt it that there will be no problem thanks God.

This link wil help for hubby on how to establish domicile.

http://manila.usembassy.gov/wwwh3207.html

Ok thanks Haole! Yes we already read abt the domicile....

[Dakine 26]

Tim is on disability, ( not from military or anything) and has been for the past two years. We DID NOT have a co sponsor, but I got the visa based on assets alone. ( his IRA, the sale of my house). If you have any kind of assets yourself, ( sale of house, car, etc) it may work for you too.

Best wishes for your journey!

Ok thanks! We will have a co sponsor...He is only receing a SSS Disablity and medicare plus the unum which is not a part of SSS and we already cleared abt it that there will be no problem thanks God.

This link wil help for hubby on how to establish domicile.

http://manila.usembassy.gov/wwwh3207.html

Ok ! Yes we already read abt the domicile....

I didn't realize you could receive medicare while living in thw Philippines.

[navyswife 0]

Tim is on disability, ( not from military or anything) and has been for the past two years. We DID NOT have a co sponsor, but I got the visa based on assets alone. ( his IRA, the sale of my house). If you have any kind of assets yourself, ( sale of house, car, etc) it may work for you too.

Best wishes for your journey!

Ok thanks! We will have a co sponsor...He is only receing a SSS Disablity and medicare plus the unum which is not a part of SSS and we already cleared abt it that there will be no problem thanks God.

This link wil help for hubby on how to establish domicile.

http://manila.usembassy.gov/wwwh3207.html

Ok ! Yes we already read abt the domicile....

I didn't realize you could receive medicare while living in thw Philippines.

My USC Husband is under SSD and he is receiving that supplementary through his atm account. He cannot use all abt his medicare insurance and so on for he is in the PI.So all his meds comes out from his own pocket.Thats why he wana go back there and start to process my papers.

[FinnLove 0]

Do you mean SSA disability or SSI?

[Dakine 26]

Tim is on disability, ( not from military or anything) and has been for the past two years. We DID NOT have a co sponsor, but I got the visa based on assets alone. ( his IRA, the sale of my house). If you have any kind of assets yourself, ( sale of house, car, etc) it may work for you too.

Best wishes for your journey!

Ok thanks! We will have a co sponsor...He is only receing a SSS Disablity and medicare plus the unum which is not a part of SSS and we already cleared abt it that there will be no problem thanks God.

This link wil help for hubby on how to establish domicile.

http://manila.usembassy.gov/wwwh3207.html

Ok ! Yes we already read abt the domicile....

I didn't realize you could receive medicare while living in thw Philippines.

My USC Husband is under SSD and he is receiving that supplementary through his atm account. He cannot use all abt his medicare insurance and so on for he is in the PI.So all his meds comes out from his own pocket.Thats why he wana go back there and start to process my papers.

Yeah the main reason I won't retire in PI is you can't get medicare benefits there.

[navyswife 0]

Do you mean SSA disability or SSI?

My husband is under SSD....