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Posted

19 has everything to do with it.

The main issue is not child support. The main issue is the I-864.

When the daughter turns 19, dad will no longer need to count her for the I-864 since he would no longer have a legal obligation to pay child support going forward.

If dad owes back child support, then he owes money. It doesn't mean he has to count his daughter as a household member for the I-864. He no longer has to keep paying current child support because she is 19. He no longer have to count her. He just have to pay money that he owes.

His gross income of $20000 would be enough for a household of 2.

It isn't about the household size. It's about the amount of money he draws each month. He cannot declare a monthly income of $1670 per month if he is only getting $1170.

Our journey together on this earth has come to an end.

I will see you one day again, my love.

Posted

If this is happening in Canada, then the I134 was just an excuse.

SSDI recipients draw their Medicare. Not Medicaid.

Maybe, we were just asked for another cosponsor. The guy said that everything was good, told my fiance that he was impressed on how much proof that we had, but was "worried about the financial side of things". Told us to get a SECOND cosponsor and that my fiance would have his visa within two weeks of document submission. He even told my fiance that everything would be okay, once we get another one we're good to go. My fiance said he was stern, but not rude or mean and did reassure him he would be okay and was pleasant in that regard.

Our first cosponsor made 7,000 over the 125% poverty line. Our second cosponsor made about 40,000 over the 125% poverty line.

He got his visa 6 days after they received the documents.

There were a total of three vjers that were refused due to finances and asked for cosponsors the same week, and so far the ONLY ones in the past year to have this happen, and it hasn't happened since.

So while it may have been an excuse, all it did was add a couple of extra months. He told him he'd get the visa once the papers were in, and we did.

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

 K-1:   2015 Done in 208 days - 212g for Second Cosponsor    

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              

                                         
 AOS:   2016 Done in 77 days - No RFE, No Interview                                                                    

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 


ROC:   2018 - 2019 Done in 326 days - No RFE, No Interview

Spoiler

 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

02/27/19 - Biometrics waived 

04/29/19 - New card being produced!
05/09/19 - USPS delivered green card! In hand now!

 

Posted (edited)

Maybe, we were just asked for another cosponsor. The guy said that everything was good, told my fiance that he was impressed on how much proof that we had, but was "worried about the financial side of things". Told us to get a SECOND cosponsor and that my fiance would have his visa within two weeks of document submission. He even told my fiance that everything would be okay, once we get another one we're good to go. My fiance said he was stern, but not rude or mean and did reassure him he would be okay and was pleasant in that regard.

Our first cosponsor made 7,000 over the 125% poverty line. Our second cosponsor made about 40,000 over the 125% poverty line.

He got his visa 6 days after they received the documents.

There were a total of three vjers that were refused due to finances and asked for cosponsors the same week, and so far the ONLY ones in the past year to have this happen, and it hasn't happened since.

So while it may have been an excuse, all it did was add a couple of extra months. He told him he'd get the visa once the papers were in, and we did.

Sounds like a new conoff who was over-flexing his muscles. And I say that from your report that there were no other reports of similar requirements, except for that short window of time.

I can recall reading of a similar situation at the windows in London. She (the conoff) was described by posters at the time as 'nasty'. Like your report, the incidents occurred to only a few applicants during a brief window of time.

Edited by Rebecca Jo

Our journey together on this earth has come to an end.

I will see you one day again, my love.

Posted (edited)

Sounds like a new conoff who was over-flexing his muscles. And I say that from your report that there were no other reports of similar requirements, except for that short window of time.

I can recall reading of a similar situation at the windows in London. She (the conoff) was described by posters at the time as 'nasty'. Like your report, the incidents occurred to only a few applicants during a brief window of time.

That's what I was thinking too! It was weird and out of no where. We did all have a guy, and he wasn't really mean or nasty, just had that stern feel about him. Kind of like a "I take my job very seriously, but I'm still your friend". Almost like a police officer attitude

But, we went in assuming we'd be fine as I had gone through almost every review I could for the past year and no one, even people who made slightly UNDER the limit, never had this issue. So we were shocked when it happened.

At the same time though, that does make me weary as it can happen to anyone. A lot of people, like myself, go in to it thinking they'll be fine cause other people say they will be, and it can be a bit hard when it doesn't pan out the way you thought it would.

So with those with cases that may already be on the tight end, they need to make sure they have a back up plan. It would be awful for someone who doesn't have the option for a cosponsor to go in thinking they won't be asked for one, only to be asked for one and then be back at square one.

I'm more so recommending that they find a cosponsor first, if they have to use the cosponsor then great! they have one available, if it works out fine and they don't, then nothing to worry about.

Edited by Ash.1101

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

 K-1:   2015 Done in 208 days - 212g for Second Cosponsor    

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              

                                         
 AOS:   2016 Done in 77 days - No RFE, No Interview                                                                    

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 


ROC:   2018 - 2019 Done in 326 days - No RFE, No Interview

Spoiler

 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

02/27/19 - Biometrics waived 

04/29/19 - New card being produced!
05/09/19 - USPS delivered green card! In hand now!

 

Posted

That's what I was thinking too! It was weird and out of no where. We did all have a guy, and he wasn't really mean or nasty, just had that stern feel about him. Kind of like a "I take my job very seriously, but I'm still your friend". Almost like a police officer attitude

But, we went in assuming we'd be fine as I had gone through almost every review I could for the past year and no one, even people who made slightly UNDER the limit, never had this issue. So we were shocked when it happened.

At the same time though, that does make me weary as it can happen to anyone. A lot of people, like myself, go in to it thinking they'll be fine cause other people say they will be, and it can be a bit hard when it doesn't pan out the way you thought it would.

So with those with cases that may already be on the tight end, they need to make sure they have a back up plan. It would be awful for someone who doesn't have the option for a cosponsor to go in thinking they won't be asked for one, only to be asked for one and then be back at square one.

I'm more so recommending that they find a cosponsor first, if they have to use the cosponsor then great! they have one available, if it works out fine and they don't, then nothing to worry about.

I went with my husband to his interview in London. Our case was tight financially.

I had a backup I134 in the papers we were carrying. Just in case. It wasn't needed thankfully.

It's very hard sometimes, I think, to advice people about how to go in prepared without frightening them. Our OP here, IMO, needs to learn more about the system before she can go in prepared to do battle with it. I think she also needs to find out more about her fiance's finances. Good advice for any young lady with a suitor, IMO. :)

Our journey together on this earth has come to an end.

I will see you one day again, my love.

Posted

Agree'd 100%!

*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

 K-1:   2015 Done in 208 days - 212g for Second Cosponsor    

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              

                                         
 AOS:   2016 Done in 77 days - No RFE, No Interview                                                                    

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 


ROC:   2018 - 2019 Done in 326 days - No RFE, No Interview

Spoiler

 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension received (Courtesy Copy)

09/18/18 - Request for official 18 month extension
10/22/18 - Official 18 month extension received 

02/27/19 - Biometrics waived 

04/29/19 - New card being produced!
05/09/19 - USPS delivered green card! In hand now!

 

Filed: Country: Vietnam (no flag)
Timeline
Posted (edited)

It isn't about the household size. It's about the amount of money he draws each month. He cannot declare a monthly income of $1670 per month if he is only getting $1170.

Yes, he can. It's gross income that's counted on the I-864. Gross income is before taxes and expenses such as child support. His gross is $1670. He has $500 in child support expense.

I have an advanced tax degree, I know what gross income is.

Edited by aaron2020
Filed: Country: Vietnam (no flag)
Timeline
Posted

OP's fiance has an I-864 problem. He makes $20000 in gross income and does not earn enough for a household of 3. He needs to either increase his income for 3 or decrease his household size to 2 so he can meet the 125% poverty line. Once he no longer has an obligation to pay child support, he does not need to count his daughter. Therefore, fiancé's $20000 gross income meets the 125% poverty line for 2 when he no longer has to count his daughter in his household.

Filed: Country: Netherlands
Timeline
Posted

I told him about being garnished, and he told me: He never signed anything, he has not been to court and received nothing in the mail. And he said, i pail all my child support!


And he has always been open about everything from his past till the present day. And when i say honest about everything, i mean everything. So if we are talking about percentages, how would you measure this in percentages, that he is actually garnished?

Posted (edited)

Yes, he can. It's gross income that's counted on the I-864. Gross income is before taxes and expenses such as child support. His gross is $1670. He has $500 in child support expense.

I have an advanced tax degree, I know what gross income is.

Aaron, everybody knows the difference between gross and net income. Even people without 'advanced tax degrees' (is that like a masters or something - I've never heard of such a thing).

Anyway, read this. It explains how a child support obligation affects the payment of SSDI. And how SSDI is calculated in the first place.

http://www.disabilitybenefitscenter.org/blog/are-your-disability-benefits-subject-to-your-child-support-payments

Then let me know if you still think the child aging out will help the OP.

Edited by Rebecca Jo

Our journey together on this earth has come to an end.

I will see you one day again, my love.

Posted

I told him about being garnished, and he told me: He never signed anything, he has not been to court and received nothing in the mail. And he said, i pail all my child support!

And he has always been open about everything from his past till the present day. And when i say honest about everything, i mean everything. So if we are talking about percentages, how would you measure this in percentages, that he is actually garnished?

He probably didn't have to sign anything. The state probably just filed paperwork with the Social Security Administration and the garnishment began.

If he filed a tax return (he may or may not have) then his gross income is on there. Work from that.

If he did not file, then he still received a document from the SSA called a 1099-S. The figure on it is his gross income.

You still have the problem of how long child support will be garnished. You have the problem of his check amount being lowered once his child ages out, even if the back support is paid in full. Without seeing his divorce decree, you cannot know when his support will end. It may be past the age of 19 (the number aaron continues to allude to) because the child is disabled (hence my previous statements that the divorce documents are important). Etc. Etc. No one can give you a clear cut answer of how much savings you need.

You probably need a joint sponsor to be successful.

Our journey together on this earth has come to an end.

I will see you one day again, my love.

Filed: Country: Vietnam (no flag)
Timeline
Posted

Aaron, everybody knows the difference between gross and net income. Even people without 'advanced tax degrees' (is that like a masters or something - I've never heard of such a thing).

Anyway, read this. It explains how a child support obligation affects the payment of SSDI. And how SSDI is calculated in the first place.

http://www.disabilitybenefitscenter.org/blog/are-your-disability-benefits-subject-to-your-child-support-payments

Then let me know if you still think the child aging out will help the OP.

You don't know what gross income means if you insist that gross income me means his income less his child support. His gross income is $1670. It's not $1170.

How child support affect SSDI/SSI is not the issue. How to get the OP to meet the I-864 obligation is the issue. How does child support affecting SSDI/SSI afrect his gross income or his household count? It doesn't.

Filed: Country: Vietnam (no flag)
Timeline
Posted

He probably didn't have to sign anything. The state probably just filed paperwork with the Social Security Administration and the garnishment began.

If he filed a tax return (he may or may not have) then his gross income is on there. Work from that.

If he did not file, then he still received a document from the SSA called a 1099-S. The figure on it is his gross income.

You still have the problem of how long child support will be garnished. You have the problem of his check amount being lowered once his child ages out, even if the back support is paid in full. Without seeing his divorce decree, you cannot know when his support will end. It may be past the age of 19 (the number aaron continues to allude to) because the child is disabled (hence my previous statements that the divorce documents are important). Etc. Etc. No one can give you a clear cut answer of how much savings you need.

You probably need a joint sponsor to be successful.

Sometimes income is not garnished. You keep insisting it is.

I have a bank account. My income goes in there. I have it set up for automatic transfer every month to pay child support. Nothing is being garnished. I am simply transferring money from my account to an account used by my ex-girlfriend for our child.

You think he owes back support or is being garnished simply because money moves out out his account.

You focus on SSDI/SSI. You are not focusing on the issue at hand: how to get him to meet the I-864 obligation.

Posted

Sometimes income is not garnished. You keep insisting it is.

I have a bank account. My income goes in there. I have it set up for automatic transfer every month to pay child support. Nothing is being garnished. I am simply transferring money from my account to an account used by my ex-girlfriend for our child.

You think he owes back support or is being garnished simply because money moves out out his account.

You focus on SSDI/SSI. You are not focusing on the issue at hand: how to get him to meet the I-864 obligation.

I do believe I discussed with the OP finding out if this is merely an auto-deduct for child support, or if it is a garnishment.

If you go back and read what she has written, there is indication from what her fiance has told her, that delinquent child support is involved.

The link I gave you explains how the recipient of SSDI receives an amount inclusive of monies for dependent children. And that if the child does not live in the home and back child support is owed, SSA will (with court order) transfer those funds to the custodial parent. The OP states her fiance says the SSA is taking his support monies out of his check. As far as I am aware, SSA does not deduct for support unless it is delinquent.

Aside from that, there is also the issue of the amount her fiance receives being changed after the child ages out. Or moves out. If this happens, his income may be reduced to where it makes no difference that he no longer counts his daughter in household size. If you have spent as much time in social services as you say (and I have no reason to believe you are being deceptive) then you have surely heard parents (who are drawing disability) say that if their adult disabled child moves out, their own check can be affected.

Anywho, this isn't a pissing match about who is right and who is wrong. At least not in my mind. There are too many variables. The OP is disadvantaged because she's foreign born and not familiar with the Social Security system. How can she not be? The system is complicated enough for native born to get confused.

Our journey together on this earth has come to an end.

I will see you one day again, my love.

Filed: Country: Netherlands
Timeline
Posted

The reason why i am searching for information is that i can not find all the answers myself. It is like a maze out there, and when i think i am on track there is something else that comes to surface or makes it different.



I believe him when he says he never missed child support. I know very well what kind of man he is, and his daughter is always number one. He would pay her first and survive on what is left. Maybe survive is a strong word, just wanting to give and example that he makes sure she is taken care of financially and when he has her emotionally and health wise too.


Personally, say that he has a debt somewhere, it is not known to him. And if there is, then it is not my main concern. My concern is or what i want to know, is when are my chances the best now? To wait those 2 years until she urns 19. What is the difference now between a joint sponsor and a co sponsor? And say that i find a way to make up with times 3, and he has to count his daughter now, so a family of 3, then is have to have at least 17,000 + $ right?


He is one of the most responsable people i know. and he is always accurate and checks things twice. So there must be something going on behind his back, that is the only conclusion i can make. And also for as far as i know, his income has always been this amount or around this amount. Are there other conclusion that can be made, what it could be. Like what was said, i am not know with american law or rules.

 
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