SSI & Survivor's Benefits for AOS.. can ANYONE answer?

[Sunnybeach7 2]

Hi,

I'm having a really hard time finding answers to these questions. I posted it on the NVC forum for two months without a single answer.. I contacted NVC and got a "general" link reply for information I already know, that addressed neither of my questions.

Please if anyone knows.. Can I use my son's (13) survivor's benefits and/or my daughter's (19) SSI benefits on the affidavit of support?

I really need to be able to use as much as I can since I have no personal income. I take care of my disabled mother who is bed bound. My daughter is in the autism spectrum as well as has ADHD. Though my mother lives with us and we will use her Social Security Retirement income also, and with her bank and retirement account we can meet the requirements with assets, I'm very worried about them allowing us to use such a large percentage of assets to make up the difference, considering that the household size will be 5 people... with only about $18,000 income with mom's SS being the only income if I can't use either of the kids incomes.

Anyone that knows anything please help.

[Caykay1 71]

Can you find a co-sponsor just to be safe? All income you're trying to use is not money from work or earned from a job. It's money given by the government to "rightful owner". Please to make things easier, try getting a co sponsor. Good luck

[Pinkrlion 2,724]

No you cannot use them as income. You maybe the payee for their benefits, but the funds belong to them and not you. If you are using your mother's benefits as income, she will have to be co-sponsor??? that lives with you. Someone may correct that statement. She will need to file a 864A I believe.

Who is the legal guardian for your 19 yo? How did you wile your income taxes?

[Sunnybeach7 2]

No you cannot use them as income. You maybe the payee for their benefits, but the funds belong to them and not you. If you are using your mother's benefits as income, she will have to be co-sponsor??? that lives with you. Someone may correct that statement. She will need to file a 864A I believe.

Who is the legal guardian for your 19 yo? How did you wile your income taxes?

Yes, my mother is a co-sponsor. The same can be said for child support benefits belonging to the kids, but you can use child support as income.

I have not filed taxes in a long time due to no income.. my mother has been filing with me and the kids as dependents. Yes she will file an 864A

My daughter's income comes in my name, as does my sons. We had never filed for custody.. me and her father were never married.. and as of her turning 18, I don't know that there is a legal guardian?

I don't have anyone else that can help me sponsor.. this is why I'm concerned about using so many assets. I own the house, but I heard they don't let you use it if you are living in it.

[Sunnybeach7 2]

Can you find a co-sponsor just to be safe? All income you're trying to use is not money from work or earned from a job. It's money given by the government to "rightful owner". Please to make things easier, try getting a co sponsor. Good luck

Only my mother. I'm an only child.. my father died when I was 17, and almost all family members from his side of the family have died. Any relatives I have that are still alive are retirement age without much income. I have no friends. So there is no one else really to help me.

[N-o-l-a 7,167]

Sounds like you need to find a job and find a way for your mother's insurance to pay for home help during the time you are gone.

[Michael and Ganna 104]

With no income, I am curious how you made it to the other side of the world to get married

[Rc123rc 528]

hmmm.. child support probably can be counted because it does not go to the child. It goes to the supporting parent to help with expenses. Survivor benefits though. A parent is not allowed to touch those and the benefits are in the child's name usually. I remember I got some from my father dying. The check came to me. My sister got some too and my grandmother held onto it for her. It got stolen and our grandmother almost got arrested for not safekeeping the money in an account held in trust for my sister instead of cashing the check and personally holding onto the funds.

[Rc123rc 528]

With no income, I am curious how you made it to the other side of the world to get married

That's a good question but I'm sure the answer is not going to make people happy to hear.

[Adil & Jeanne 296]

you will need to fill out the worksheet IRS uses for SS taxable income / immigration will not allow the entire amount to be used for income / they use about half so you are not financially in good shape

they look at the fact that your mom's SS payments will be lost to you when she passes / also your other child will soon be out of survivor benefits

not sure how you will all live on the SSI of disabled child

Get home care health for your mom and get out there and find work / you really need a job, income and help from in home care providers

[Rc123rc 528]

Not really sure how these comments relate to giving advice on immigration and helping others with their visa journeys. You guys can always start threads in the Off Topic forum if you want to rant about stuff like this.

Back on topic. It doesn't appear from the original post that the income sources that have been listed are usable and that the grandmother as a co-sponsor is questionable or temporary without using a large percentage of the grandmother's assets she probably needs for long term healthcare. The house is also not usable. So, the answer is, regardless of the excuses, find another co-sponsor or get a job.

[Sunnybeach7 2]

Sounds like you need to find a job and find a way for your mother's insurance to pay for home help during the time you are gone.

i've been trying to think of a way that I can work without spending too much time away yes. We've tried to get help in the past, unfortunately, my mother makes and has "too much money" and the insurance is of not a lot of help even though I got the most expensive supplement plan.

[Ryan H 3,812]

***Several derailing posts removed along with posts quoting; either post constructively or do not post. Appropriate action will be taken for any additional posts of a derailing nature.***

[Sunnybeach7 2]

With no income, I am curious how you made it to the other side of the world to get married

As I stated in the original question.. both my daughter and son have an income.. not that I needed to use much of it.. but it does support them well and helps with some of the household expenses.. I had some money I had saved, plus I was saving for almost two years any money I had gotten for Christmas or birthdays.. etc. The rest that I needed, I borrowed from my mother.. which was not a problem considering she is fully in my care. Mostly air fare.. since I stayed at my husbands family's house. Food wasn't expensive there.

[Sunnybeach7 2]

hmmm.. child support probably can be counted because it does not go to the child. It goes to the supporting parent to help with expenses. Survivor benefits though. A parent is not allowed to touch those and the benefits are in the child's name usually. I remember I got some from my father dying. The check came to me. My sister got some too and my grandmother held onto it for her. It got stolen and our grandmother almost got arrested for not safekeeping the money in an account held in trust for my sister instead of cashing the check and personally holding onto the funds.

I really don't know the legal aspects of it. I also did get benefits when my father died, but they went to my mother. My son is only 13 and his also comes to me. When his father was alive and disabled, I know they sent a yearly paper asking if the money was spent on my son, saved or whatever and how much. I've gotten nothing like that with the survivor's benefits.

Wow that is really sad about your grandmother. That must have been very difficult to go through. I don't trust banks a lot, so I can understand why she would have kept the money at home or something. I hope it wasn't a lot that was lost.