Poverty Guideline

[MountainMommaB 0]

I am planning to petition my mom, but before I make her go through the hoops and loops I want to make sure that I am cleared on my end here.

I am widowed,stay at home mom of  my two sons, 6yrs old and 8months old. My husband passed on 9months ago and with that being said me and my kids are receiving Survivor Benefits. Since i can't claim my kids benefits as part of my income-

QUESTION 1: are they(my kids)my dependent? 

QUESTION 2: Which number of household should I consider to define which poverty Guideline to consider. Household of 4 or Household of 2? 

QUESTION 3: I've been stay at home mom and my husband always filed our taxes MARRIED FILING JOINTLY, can I consider it my tax return too, right?

QUESTION 4: with SSA benefits alone, I doubt I will meet the required income, So I am considering to use my assets x5 the poverty level, is 401k also considered as asset? 

Thank you.

[Hypnos 6,576]

1) Yes.

 

2) 4 (you + 2 kids + prospective immigrant).

 

3) If you filed jointly then your previously-filed tax returns are your tax returns also, yes.

 

4) Not sure on this one.

[MountainMommaB 0]

58 minutes ago, Hypnos said:

1) Yes.

 

2) 4 (you + 2 kids + prospective immigrant).

 

3) If you filed jointly then your previously-filed tax returns are your tax returns also, yes.

 

4) Not sure on this one.

Thank you.

 

[Hank_ 9,174]

11 hours ago, MountainMommaB said:

I am planning to petition my mom, but before I make her go through the hoops and loops I want to make sure that I am cleared on my end here.

I am widowed,stay at home mom of  my two sons, 6yrs old and 8months old. My husband passed on 9months ago and with that being said me and my kids are receiving Survivor Benefits. Since i can't claim my kids benefits as part of my income-

QUESTION 1: are they(my kids)my dependent? 

QUESTION 2: Which number of household should I consider to define which poverty Guideline to consider. Household of 4 or Household of 2? 

QUESTION 3: I've been stay at home mom and my husband always filed our taxes MARRIED FILING JOINTLY, can I consider it my tax return too, right?

QUESTION 4: with SSA benefits alone, I doubt I will meet the required income, So I am considering to use my assets x5 the poverty level, is 401k also considered as asset? 

Thank you.

1.  Yes the children are dependents

2. You, your children and your mother.

3. Yes that is your tax return as well.

4. USEM is not known to accept assets, they look for income.  Are you drawing from the 401K ?

 

 

https://www.uscis.gov/i-864

 

https://www.uscis.gov/i-864a

 

[MountainMommaB 0]

1 hour ago, Hank_ said:

1.  Yes the children are dependents

2. You, your children and your mother.

3. Yes that is your tax return as well.

4. USEM is not known to accept assets, they look for income.  Are you drawing from the 401K ?

 

 

https://www.uscis.gov/i-864

 

https://www.uscis.gov/i-864a

 

I'm using multiple assets, I have enough in my 401k if I have to draw from it. Do I have to show my children's SSA survivor benefits as part of our household's income?

Thank you.

[Hank_ 9,174]

1 hour ago, MountainMommaB said:

I'm using multiple assets, I have enough in my 401k if I have to draw from it. Do I have to show my children's SSA survivor benefits as part of our household's income?

Thank you.

Income required for 4 people according to the I-864P is $30,750.     You need to meet that requirement to show support evidence for your mom.

 

Being you need to list your children as dependents, I was thinking it may  be possible to add their income to yours (not sure if it is accepted or not) ... just seems logical.

 

[Greenbaum 12,259]

6 hours ago, MountainMommaB said:

I'm using multiple assets, I have enough in my 401k if I have to draw from it. Do I have to show my children's SSA survivor benefits as part of our household's income?

Thank you.

You maybe able to use the SSA SB as income for the family. 

 

Four years ago I did the same when I filed for a K1 and had no problems but that is not to say anything has changed so maybe a little more research is required.

[Hank_ 9,174]

That should help.  I doubt the rules have changed on that ...  

[MountainMommaB 0]

2 hours ago, Greenbaum said:

You maybe able to use the SSA SB as income for the family. 

 

Four years ago I did the same when I filed for a K1 and had no problems but that is not to say anything has changed so maybe a little more research is required.

Thank you. 

When do I have to provide the Affidavit of Support? Is it during I send the files to petition or was it during my beneficiary's visa interview? Or both?

 

[Hank_ 9,174]

10 minutes ago, MountainMommaB said:

Thank you. 

When do I have to provide the Affidavit of Support? Is it during I send the files to petition or was it during my beneficiary's visa interview? Or both?

 

You will provide support evidence later, after your petition is approved and your case file is then transferred to NVC.   Then once the case file is forwarded from NVC  to the embassy you will again provide support evidence.

 

For now you complete the I-130 and include required documents as noted in the I-130 INSTRUCTIONS .   Follow this link.  https://www.uscis.gov/i-130

[payxibka 10,045]

7 minutes ago, Hank_ said:

You will provide support evidence later, after your petition is approved and your case file is then transferred to NVC.   Then once the case file is forwarded from NVC  to the embassy you will again provide support evidence.

 

For now you complete the I-130 and include required documents as noted in the I-130 INSTRUCTIONS .   Follow this link.  https://www.uscis.gov/i-130

For Immigrant visas isn't the I-864 information submitted to NVC vs. the Embassy?

[Hank_ 9,174]

2 minutes ago, payxibka said:

For Immigrant visas isn't the I-864 information submitted to NVC vs. the Embassy?

Both.

 

https://ph.usembassy.gov/wp-content/uploads/sites/82/2016/08/IV-Applicant-Interview-Preparation-Instructions-08112016-English-365KB.pdf

Edited January 13, 2018 by Hank_

[MountainMommaB 0]

31 minutes ago, Hank_ said:

Both.

 

https://ph.usembassy.gov/wp-content/uploads/sites/82/2016/08/IV-Applicant-Interview-Preparation-Instructions-08112016-English-365KB.pdf

Thank you.

 

33 minutes ago, payxibka said:

For Immigrant visas isn't the I-864 information submitted to NVC vs. the Embassy?

Thank you.