SSDI and Income Requirements

[Sonotony 82]

I am in the initial stages of applying for a K1 visa. I am on SSDI and have no other income. I receive over $2,500 a month for myself and over $1500 for my three children combined. This puts me well above the income requirements, but I am concerned based on reading the forums. I have no additional income and I have not filed income taxes for several years, because I don't need to (SSDI is not taxable). I have no substantial assets and nobody to be a sponsor. Will I have a problem?

[payxibka 10,045]

10 minutes ago, Sonotony said:

I am in the initial stages of applying for a K1 visa. I am on SSDI and have no other income. I receive over $2,500 a month for myself and over $1500 for my three children combined. This puts me well above the income requirements, but I am concerned based on reading the forums. I have no additional income and I have not filed income taxes for several years, because I don't need to (SSDI is not taxable). I have no substantial assets and nobody to be a sponsor. Will I have a problem?

Income is household income not taxable income.   You need to demonstrate your household income 

Edited September 24, 2019 by payxibka

[SalishSea 17,836]

Which embassy?

[Sonotony 82]

4 minutes ago, payxibka said:

Income is household income not taxable income.   You need to demonstrate your household income 

So, you are saying this is sufficient?

 

Just now, Jorgedig said:

Which embassy?

Ukraine

 

[SalishSea 17,836]

The new public charge rule goes into effect on October 15, but even now consulate officers have discretion.  I am not sure how it usually goes in Ukraine.  I'll ask for your post to be moved to the Ukraine, Russia and Belarus regional forum to get more specific feedback.  Best wishes.

[payxibka 10,045]

You provide your benefits statement as the basis of your household income 

[SalishSea 17,836]

27 minutes ago, Sonotony said:

This puts me well above the income requirements, but I am concerned based on reading the forums.

Actually, are you sure?  You will want to look at a chart for 250% of the FPL for your household size, which would include you and your children, and your fiance....

[Sonotony 82]

8 minutes ago, Jorgedig said:

The new public charge rule goes into effect on October 15, but even now consulate officers have discretion.  I am not sure how it usually goes in Ukraine.  I'll ask for your post to be moved to the Ukraine, Russia and Belarus regional forum to get more specific feedback.  Best wishes.

I'm not sure I understand how this applies. I have read the USCIS website and SSDI is not listed at a public charge.  Is there a new change where it is?

 

SSDI is not a welfare program like SSI, Medicaid, etc.

[Sonotony 82]

9 minutes ago, Jorgedig said:

Actually, are you sure?  You will want to look at a chart for 250% of the FPL for your household size, which would include you and your children, and your fiance....

Why 250%?

 

I have only seen charts showing 125%

[geowrian 22,337]

51 minutes ago, Sonotony said:

Why 250%?

 

I have only seen charts showing 125%

For AOS (after entry on the K-1 visa), a new DHS rule allows 250% of the FPL to be considered a "heavily weighted positive factor". But yes, the minimum is still 125%. But keep in mind the minimum is purely that - a minimum for consideration. Under = no permanent residency. Above = judgement call.

 

The income can be listed and considered. As to whether that alone will qualify, that's a much tougher decision. $500/month/child does not go far, as I am sure you are well aware, so that income  - at best - IMO is a wash in the total consideration (and may be a negative factor overall).

[Hank_ 9,174]

4 hours ago, Sonotony said:

I am in the initial stages of applying for a K1 visa. I am on SSDI and have no other income. I receive over $2,500 a month for myself and over $1500 for my three children combined. This puts me well above the income requirements, but I am concerned based on reading the forums. I have no additional income and I have not filed income taxes for several years, because I don't need to (SSDI is not taxable). I have no substantial assets and nobody to be a sponsor. Will I have a problem?

I don't see you having a problem, as long as your income meets the 125% guidelines.  

 

Go the SSA website, login, then print out your benefits letter .. that is your evidence of income.    It is accepted income  .. and like said, not taxable.    You may want to write a letter explaining why you don't have a tax return;  that your income is not taxable

Edited September 24, 2019 by Hank_

[JeanneAdil 6,511]

No one has asked the age of the children

important as each child looses their benefit at age 18

and you should get a 1099R for each year you have received the SSDI for your benefit period plus a letter from SS with the new year's benefit amount showing the medicare payments

the only concern to embassy CO may be how will pay for the health insurance for him as he will not be able to work until he receives the approval to do so 

BTW  the costs of K1 is a lot more than CR1 

and under CR1 the spouse can work immediately

[Sonotony 82]

I understand the children lose their benefit at 18, but they will no longer be in my household, so the income requirements will also go down.

[SalishSea 17,836]

33 minutes ago, Sonotony said:

I understand the children lose their benefit at 18, but they will no longer be in my household, so the income requirements will also go down.

You sure about that?  If they are not moving out on their 18th birthday, they will still be considered members of your household.

[Sonotony 82]

They get paid benefits until graduation, a little past their 18th birthday. They plan on moving out the day after graduation and I don’t plan on supporting grown adults on my SSDI.

 

So, yes... I am sure they will not be part of my household beyond the day they get benefits.

Edited September 24, 2019 by Sonotony