Would foreign spouse being on disability in their country affect our CR1/IR1 application?

[hzlf 0]

My fiancé is a US citizen and resident and we are planning to file for CR1 visa as soon as we get married. I am a Canadian citizen and resident I'm meeting with a social worker soon as my doctor wants me to be on disability. Would me being on disability in Canada affect our application? Another detail to note is that my fiance hasn't had his job long and we are planning to have his mom be our joint sponsor if needed. Thank you in advance.

[SalishSea 17,801]

6 hours ago, hzlf said:

My fiancé is a US citizen and resident and we are planning to file for CR1 visa as soon as we get married. I am a Canadian citizen and resident I'm meeting with a social worker soon as my doctor wants me to be on disability. Would me being on disability in Canada affect our application? Another detail to note is that my fiance hasn't had his job long and we are planning to have his mom be our joint sponsor if needed. Thank you in advance.

Realistically, if you cannot afford to support yourself in Canada, how will you be able to in the U.S.?   Do you realize that you won’t be eligible for disability here?

 

  How will you pay for health care?

 

Will your fiance be able to add you to his employer-based health insurance?

 

And yes, it could impact your eligibility for an immigrant visa (public charge).  It’s evaluated. Asked on the totality of circumstances, and your ability to earn and contribute is part of that.

Edited July 12 by SalishSea

[powerpuff 6,675]

*** Thread moved from Bringing Family members of US citizens (other than spouse) to CR1/IR1 Spousal visa forum ***

[pushbrk 12,868]

18 hours ago, SalishSea said:

Realistically, if you cannot afford to support yourself in Canada, how will you be able to in the U.S.?   Do you realize that you won’t be eligible for disability here?

 

  How will you pay for health care?

 

Will your fiance be able to add you to his employer-based health insurance?

 

And yes, it could impact your eligibility for an immigrant visa (public charge).  It’s evaluated. Asked on the totality of circumstances, and your ability to earn and contribute is part of that.

It seems the above reflects a worse case scenario and worst case interpretation of the known facts.  If the US Citizen is able to support them both, most of the above will not be applicable.  I would not presume a disability income from Canada would cease once the recipient comes to the USA.  We don't even know the source of the income, or the nature and duration of the disability.

[Ontarkie 14,214]

20 minutes ago, pushbrk said:

It seems the above reflects a worse case scenario and worst case interpretation of the known facts.  If the US Citizen is able to support them both, most of the above will not be applicable.  I would not presume a disability income from Canada would cease once the recipient comes to the USA.  We don't even know the source of the income, or the nature and duration of the disability.

Exactly, one can be on disability or welfare as long as the US citizen has the income it will not even be questioned. I was in those shoes. 

 

Now where the trouble could be is that being married the OP would also have to report the USC spouse's income and that may cause issues with disability(depending on the type of disability, plus it takes years for disability to be approved in most cases). This is one reason the fiancé visa is worth it. 

[SalishSea 17,801]

1 hour ago, Ontarkie said:

Exactly, one can be on disability or welfare as long as the US citizen has the income it will not even be questioned. I was in those shoes. 

 

Now where the trouble could be is that being married the OP would also have to report the USC spouse's income and that may cause issues with disability(depending on the type of disability, plus it takes years for disability to be approved in most cases). This is one reason the fiancé visa is worth it. 

Would Canadian disability continue once OP moves to the U.S.?

[Ontarkie 14,214]

7 minutes ago, SalishSea said:

Would Canadian disability continue once OP moves to the U.S.?

Provincial would not.