I-864 Income Question - Children's Income

[seekingthetruth 1,246]

Next year when I complete the I-864 for my family of 5, my only "regular" income will be my Social Security.  (I have many assets and some other income but let's just leave that aside for now).  My SS income alone does not cover the 125% of HHS poverty guideline for a family of 5.

 

My two minor children also receive SS.  With their SS income, we have far more then the 125% of HHS poverty guideline.  It would be nice to include that household income and not bother with assets, etc.  However, I am reading the I-864 instructions, and I don't see how to include it.  The only reference I see on page 8 is this:

 

If you included the income of your spouse listed in Part 5., Item Number 3., any child listed in Part 5., Item Number 4., any dependent listed in Part 5., Item Number 5., or any siblings, parents, or adult children listed in Part 5., Item Number 7., each one of these individuals must be over 18 years of age and must complete Form I-864A.

 

I can't see anyway to include my children's SS income, and we do use some of that income for our daily needs.  That is what it is for.  Am I missing something?  Any help is appreciated!

 

[Crazy Cat 41,850]

I think you are correct.  I don't think you can include the children's' income.  If they are under 18 years old, they are not old enough to legally consent to and sign a contract (I-864a).

Edited December 24, 2020 by Lucky Cat

[seekingthetruth 1,246]

6 minutes ago, Lucky Cat said:

I think you are correct.  I don't think you can include the children's' income.  If they are under 18 years old, they are not old enough to legally consent to and sign a contract (I-864a).

And that seems odd, because my wife and I obviously are custodians of their money until they turn 18, and we are supposed to use the money for their support.

[Lemonslice 4,841]

1 hour ago, seekingthetruth said:

And that seems odd, because my wife and I obviously are custodians of their money until they turn 18, and we are supposed to use the money for their support.

Using it for their support =/= using it to support someone else.

[seekingthetruth 1,246]

6 minutes ago, Lemonslice said:

Using it for their support =/= using it to support someone else.

I think I understand what you are trying to say.

 

The kids SS money can be spent on family needs that are not specifically just for the kids.  For instance, if I used some of their money towards the purchase of our family car, that is for the benefit of them and the family.

 

The income thresholds are based on family size, not individuals.

[Lemonslice 4,841]

8 minutes ago, seekingthetruth said:

I think I understand what you are trying to say.

 

The kids SS money can be spent on family needs that are not specifically just for the kids.  For instance, if I used some of their money towards the purchase of our family car, that is for the benefit of them and the family.

 

The income thresholds are based on family size, not individuals.

If you read the Sponsor's contract on the form - "[...] The U.S. Government can consider your income and assets as available to the support of the incoming immigrant. [...]"  - while your children SS helps with your family, and their, expenses; I do not think it is intended to support an immigrant. 

[aaron2020 11,651]

You are the custodian of your children's money.  You can use it for their benefit which includes household needs.  You can not use the money to benefit someone else.

Furthermore, they can not legally sign the I-864a. 

You can commit your money and your assets to support the intending immigrant.  You can not commit their money to support the intending immigrant.  

[Lemonslice 4,841]

13 minutes ago, aaron2020 said:

You are the custodian of your children's money.  You can use it for their benefit which includes household needs.  You can not use the money to benefit someone else.

Furthermore, they can not legally sign the I-864a. 

You can commit your money and your assets to support the intending immigrant.  You can not commit their money to support the intending immigrant.  

Thank you for wording it better than I could.

[seekingthetruth 1,246]

5 hours ago, aaron2020 said:

You are the custodian of your children's money.  You can use it for their benefit which includes household needs.  You can not use the money to benefit someone else.

Furthermore, they can not legally sign the I-864a. 

You can commit your money and your assets to support the intending immigrant.  You can not commit their money to support the intending immigrant.  

I agree that you are probably correct, but how am I going to tell their mommy, the immigrant?

 

"Sorry mommy, the kid's SS money can't be used for your immigration purposes, so we have to leave you behind".  

 

[aaron2020 11,651]

4 minutes ago, seekingthetruth said:

I agree that you are probably correct, but how am I going to tell their mommy, the immigrant?

 

"Sorry mommy, the kid's SS money can't be used for your immigration purposes, so we have to leave you behind".  

 

Tell her this is your responsibility and you will get it done.  

Instead of putting your other income and many assets aside, you should use them to qualify to sponsor your wife.  

 

Edited December 25, 2020 by aaron2020

[seekingthetruth 1,246]

1 hour ago, aaron2020 said:

Tell her this is your responsibility and you will get it done.  

Instead of putting your other income and many assets aside, you should use them to qualify to sponsor your wife.  

 

Of course.  No worries on qualifying.  The "aside" was just for the purpose of asking about the kid's SS.

[SteveInBostonI130 3,447]

2 hours ago, seekingthetruth said:

I agree that you are probably correct, but how am I going to tell their mommy, the immigrant?

 

"Sorry mommy, the kid's SS money can't be used for your immigration purposes, so we have to leave you behind".  

 

Ok, I am a little lost.  Is your wife their mom or their stepmom? 

 

If she is their mom, then how are they earning SS benefits?

[seekingthetruth 1,246]

2 minutes ago, SteveInBostonI130 said:

Ok, I am a little lost.  Is your wife their mom or their stepmom? 

 

If she is their mom, then how are they earning SS benefits?

She is their mom.  We live in the Philippines.  My wife is a Philippine citizen.  Our two daughters were born in the Philippines but are U.S. Citizens, actually dual citizens.  They were eligible for SS benefits when I started SS at age 62.

[SalishSea 17,829]

2 hours ago, seekingthetruth said:

They were eligible for SS benefits when I started SS at age 62.

How?

[seekingthetruth 1,246]

3 minutes ago, Jorgedig said:

How?

https://www.ssa.gov/pubs/EN-05-10085.pdf

 

One of the perks of having kids later in life!