a few questions about having disabled status

[mynx1991 0]

im a Canadian resident who lives off disability income while working and going to school and looking into marrying an American citizen. im wondering would i be able to survive while having some set backs of not being able to work full time and if relocating to the states or is it not likely. i read that my fiance will have to support us both financially for around (six?) years and i wouldnt be able to get a job legally in that time. is that true? and would i be able to apply for any disability benefits once i am married and living in the states? or can i not due to not being a full fledged citizen.

[SalishSea 17,835]

21 minutes ago, mynx1991 said:

im a Canadian resident who lives off disability income while working and going to school and looking into marrying an American citizen. im wondering would i be able to survive while having some set backs of not being able to work full time and if relocating to the states or is it not likely. i read that my fiance will have to support us both financially for around (six?) years and i wouldnt be able to get a job legally in that time. is that true? and would i be able to apply for any disability benefits once i am married and living in the states? or can i not due to not being a full fledged citizen.

You will not be eligible for disability or any type of welfare in the US.  

 

Can you not work at all?

22 minutes ago, mynx1991 said:

i read that my fiance will have to support us both financially for around (six?) years and i wouldnt be able to get a job legally in that time. is that true?

Incorrect.

[milimelo 4,481]

As an LPR you won’t be entitled to anything until you have 40 quarters of work when it comes to disability. All info is on ssa.gov

 

Also, in this case you’d be very wrong to go with a K-1 visa - strongly suggest you look into spousal visa. 
 

healthcare would have to be under your partner’s plan or through a job you get. Can’t avail yourself of 90% of what’s available for other folks until you have been an LPR for 5 years. 

[SalishSea 17,835]

Can your fiance relocate to Canada?  That may be your best bet financially.  

 

[mynx1991 0]

38 minutes ago, milimelo said:

As an LPR you won’t be entitled to anything until you have 40 quarters of work when it comes to disability. All info is on ssa.gov

 

Also, in this case you’d be very wrong to go with a K-1 visa - strongly suggest you look into spousal visa. 
 

healthcare would have to be under your partner’s plan or through a job you get. Can’t avail yourself of 90% of what’s available for other folks until you have been an LPR for 5 years. 

thanks

could you give me a quick run down on the difference with spousal vs fiance visa? 

[debbiedoo 2,339]

not many benefits to a k1, honestly. it is a little faster, but sometimes by a marginal amount (though processing times have gotten a little faster from when we initially filed). there is a cost difference too and since ive basically done BOTH, i dont recall which way would have been cheaper. i think though it probably all balances out in the end? for us, the money wasnt an issue (i know for many it is though)

 

cr1 - no adjustment of status, meaning you could work (if you are physically able to, or work for a company online, or whatever) immediately upon entering US. takes slightly longer

 

where did you hear 6 years? lol usually 6-12 months for AOS on a k1. if you qualify to expedite a work permit, you can have an EAD sooner.

 

because we went a slightly different route, my husband had his EAD about 3 months after we filed and AOS interview and approval in about 7 months from when we filed.

 

 

Edited November 15, 2019 by debbiedoo

[little immigrant 801]

Here is a comparison table

 

https://www.visajourney.com/content/compare

 

Overall the K1 is more expensive and you can't work right away

 

I had a disabled status in Germany and I immediately started working in the States. I came on a CR1. You won't be able to claim disability until like 5 years or so. So plan ahead. Good luck

[SalishSea 17,835]

30 minutes ago, little immigrant said:

Here is a comparison table

 

https://www.visajourney.com/content/compare

 

Overall the K1 is more expensive and you can't work right away

 

I had a disabled status in Germany and I immediately started working in the States. I came on a CR1. You won't be able to claim disability until like 5 years or so. So plan ahead. Good luck

5 years?  More like 10.

[little immigrant 801]

1 hour ago, Jorgedig said:

5 years?  More like 10.

So I'm a US citizen and I've been here for 9 years. If something was to happen to me and I'd need disability, I'd still need to wait one more year? 

[geowrian 22,337]

1 hour ago, little immigrant said:

So I'm a US citizen and I've been here for 9 years. If something was to happen to me and I'd need disability, I'd still need to wait one more year? 

Generally, you would need 40 credits of work for disability. Waiting a year wouldn't help...you would need to work another year. There are limited exceptions.

https://www.ssa.gov/planners/disability/qualify.html

[little immigrant 801]

1 hour ago, geowrian said:

Generally, you would need 40 credits of work for disability. Waiting a year wouldn't help...you would need to work another year. There are limited exceptions.

https://www.ssa.gov/planners/disability/qualify.html

I read through the requirements and they're pretty strict. I'm glad I'm not that bad and my illness isn't expected to end in death. 

[HRQX 4,145]

14 hours ago, debbiedoo said:

since ive basically done BOTH

Doing AOS from visitor status is different than IR-1/CR-1.

14 hours ago, debbiedoo said:

i dont recall which way would have been cheaper.

IR-1/CR-1 is at least $825 less than K-1

 

K-1 costs (including AOS)

I-129F fee $535

Embassy fee $265

Medical exam fee; same as IR-1/CR-1 (except if the K-1 exam isn't marked complete and a US civil surgeon is needed during Adjustment of Status, then K-1 becomes even more expensive)

Adjustment of Status $1225 (or $1140 if the immigrant is aged 79 or older when submitting the I-485)

 

IR-1/CR-1 costs

I-130 fee $535

NVC fee $445

Medical exam fee

USCIS Immigrant Fee $220

Edited November 16, 2019 by HRQX

[Nitas_man 3,100]

3 hours ago, little immigrant said:

So I'm a US citizen and I've been here for 9 years. If something was to happen to me and I'd need disability, I'd still need to wait one more year? 

Not always.  The rules are convoluted but in most cases 10 years of credits is required.

 

I lost disability eligibility once by working overseas too long.  I have 23 years of US SS credits, but another rule is that you have to work 5 of the last 10 years in the US.  So I had to earn it back.

[SalishSea 17,835]

2 hours ago, little immigrant said:

I read through the requirements and they're pretty strict. I'm glad I'm not that bad and my illness isn't expected to end in death. 

Historically, there has been a lot of fraud when it comes to qualifying for SSDI.

[little immigrant 801]

On 11/15/2019 at 9:18 PM, Jorgedig said:

Historically, there has been a lot of fraud when it comes to qualifying for SSDI.

I will meet my 40 credits in 2 years. Thankfully I'm currently well enough to work. I had 3 surgeries and I'm on medication. At least my doc gave me permission to apply for a handicapped parking permit. So glad to have that at least.