I-134

[lost in translation 0]

Hi!

My family's income is currently derived from Social Security survivor's benefitsand child support. I am not employed and as of my marriage date I also am no longer eligible for benefits, however my children are. Meeting 125% of the poverty line is not the issue as we have enough to exceed that. My question is how do I show it on the I -134 as income, since it is not earned through employment and is there something I have to fill out for my children since the benefits actually and legally belong to them. I have annual and current social security benefit statements showing the benefit amount currently received and the amount received for the prior years.I also have bank statements showing direct deposit of SS benefits as well as child support payments. Which brings to mind another question. Can c/s be used as income? and when answering the question on the I -134 regarding a household members dependency on me , would I answer that my child ( for whom I receive child support) is only partially dependent on me ?

Also my husband will have a steady source of income from a pension , can that be used since it will be ongoing?

I also own a home. Can I use the tax statement of assessed value to show its value or is it necessary to have it appraised to show market value?

I can and will obtain employment but I highly doubt it would be enough to stand on its on so using the Social security is necessary to meet the income limit.

Thank you in advance for any help.

~Simone

[Yodrak 7]

Simone,

Your husband's pension income can be used to show that he can support himself in the USA if the money can be paid to him here in the USA.

My feeling is that you can show your children as partial dependents since they are receiving some of their support from their father. But, as you point out his child support payments are to support them. If you want to show their money as income to you then my feeling is that you should show the children as fully dependent on you, otherwise you are in effect double-counting the child support.

Your past and current SS benefits are of no value for supporting your fiance if they will end just as you start supporting him.

You might want to consider getting work now, and if you cannot show sufficient income to support your fiance in conjunction with his own income, find a sponsor who can. (And think ahead to the requirements for adjustment of status as embodied in the I-864 affidavit of support.)

As for your house, would you plan to sell it to generate cash if need be? And if so, where would you live and how would you pay for it? (In other words, is your home really an asset that can be cashed in to obtain money to support your future husband?)

Yodrak

Hi!

My family's income is currently derived from Social Security survivor's benefitsand child support. I am not employed and as of my marriage date I also am no longer eligible for benefits, however my children are. Meeting 125% of the poverty line is not the issue as we have enough to exceed that. My question is how do I show it on the I -134 as income, since it is not earned through employment and is there something I have to fill out for my children since the benefits actually and legally belong to them. I have annual and current social security benefit statements showing the benefit amount currently received and the amount received for the prior years.I also have bank statements showing direct deposit of SS benefits as well as child support payments. Which brings to mind another question. Can c/s be used as income? and when answering the question on the I -134 regarding a household members dependency on me , would I answer that my child ( for whom I receive child support) is only partially dependent on me ?

Also my husband will have a steady source of income from a pension , can that be used since it will be ongoing?

I also own a home. Can I use the tax statement of assessed value to show its value or is it necessary to have it appraised to show market value?

I can and will obtain employment but I highly doubt it would be enough to stand on its on so using the Social security is necessary to meet the income limit.

Thank you in advance for any help.

~Simone

[CutienPurg 0]

Can't all household income be used as income of the sponsor as long as the persons receiving the income are willing to allow their portion to be used?

[lost in translation 0]

Yodrak,

Thank you for your response.

First , my benefits have ceased although benefits for my children have not and will not. Basically what was done was , the amount I was receiving was rolled into and divided equally among the children. So the amount has not change , just the way it is dispersed. So I can use those, correct?

Is what CutienPurg is refering to called a "Contract Between Sponsor and Household Member" and would that be required at this stage?

How can I use child support as income, yet declare the child as fully dependent on me? Seems contradictory doesnt it?

Regarding my husbands pension; the amount he will receive is enough to support himself based on the poverty guidelines. So is it still as important that I show I can support him? Is it possible to be self supportive on a non-immigrant visa? Afterall , isn't the requirement only to prove that one would not become a public charge? If not, then is my responsibility for proof lessened by the fact he can support himself? Oh, and yes it can and will be paid in the United States.

As far as the house is concerned; I understood the requirement to be that it must be possible to use the assets for the support of the immigrant, and the assets must be convertible into cash within one year. Now, the fact that I could is entirely different than if I would . Of course if asked I would answer that I would gladly sell my home in support of my husband. At this point it is only necessary to show my assets to satisfy the initial public charge risk as my husband's cannot be used at this point in the process. He will bring along with him a fair amount of assets in both cash and investments.

I really appreciate your input on this matter and welcome any other insight anyone else could possibly offer.

Thanks again,

~Simone

[Yodrak 7]

Simone,

Your situation is a bit awkward to explain, but is not terribly unusual. If the children have their own income that is adequate to support them then they are not financially dependent on you. On the other hand, if you receive the income, and present it as your income, then they are dependent on you. A good deal of semantics involved here, and the practical matter that although the income belongs to the children and is for their benefit it must come through and be managed by you.

In any event, if your husband's pension is sufficient for him to support himself then he may not need a sponsor for his visa if the income is assured and he can document it to the satisfaction of the consular officer. And for adjustment of status, where you must be his sponsor, you can combine his income with your own since he will be your Household Member.

Yodrak

Yodrak,

Thank you for your response.

First , my benefits have ceased although benefits for my children have not and will not. Basically what was done was , the amount I was receiving was rolled into and divided equally among the children. So the amount has not change , just the way it is dispersed. So I can use those, correct?

Is what CutienPurg is refering to called a "Contract Between Sponsor and Household Member" and would that be required at this stage?

How can I use child support as income, yet declare the child as fully dependent on me? Seems contradictory doesnt it?

Regarding my husbands pension; the amount he will receive is enough to support himself based on the poverty guidelines. So is it still as important that I show I can support him? Is it possible to be self supportive on a non-immigrant visa? Afterall , isn't the requirement only to prove that one would not become a public charge? If not, then is my responsibility for proof lessened by the fact he can support himself? Oh, and yes it can and will be paid in the United States.

As far as the house is concerned; I understood the requirement to be that it must be possible to use the assets for the support of the immigrant, and the assets must be convertible into cash within one year. Now, the fact that I could is entirely different than if I would . Of course if asked I would answer that I would gladly sell my home in support of my husband. At this point it is only necessary to show my assets to satisfy the initial public charge risk as my husband's cannot be used at this point in the process. He will bring along with him a fair amount of assets in both cash and investments.

I really appreciate your input on this matter and welcome any other insight anyone else could possibly offer.

Thanks again,

~Simone

Edited October 25, 2006 by Yodrak