Problem @ Interview!!!

[rebeccajo 14]

b(f) Sponsor Use of Benefits. Question 4B of the September 26, 2000 version of the Form I-864 asks if the sponsor or any member of his or her household has used means-tested benefits during the past 3 years. Do not disqualify a sponsor based on a positive response to this question. The reason for this question is to ensure that the value of any such means-tested public benefits is not considered as income on the Affidavit of Support. Federal means-tested benefits currently include SSI (Supplemental Security income), TANF (Temporary As sistance for Needy Families), food stamps, Medicaid, and State Child Health Insurance Programs (SCHIP). State and local means-tested benefits vary by jurisdiction. Earned benefits such as Social Security retirement, Unemployment Compensation, and Workman’s Compensation may be included as income.

link

Yeah trailmix, but this is weird because it's the consulate asking for the I864 at interview, and supposedly for a K3 visa.

[AnneiyAndJacky 0]

Im really sorry to hear this bad news... I remember i had that same issue before and i got temporary refusal. in my case when i got interviewed they were looking for my hubby's income which that time he was only a full time student. but things got well so far when he started working and after couple of months i went back to the embassy and turning new documents.. look for co-sponsor that would help..

[trailmix 77]

b(f) Sponsor Use of Benefits. Question 4B of the September 26, 2000 version of the Form I-864 asks if the sponsor or any member of his or her household has used means-tested benefits during the past 3 years. Do not disqualify a sponsor based on a positive response to this question. The reason for this question is to ensure that the value of any such means-tested public benefits is not considered as income on the Affidavit of Support. Federal means-tested benefits currently include SSI (Supplemental Security income), TANF (Temporary As sistance for Needy Families), food stamps, Medicaid, and State Child Health Insurance Programs (SCHIP). State and local means-tested benefits vary by jurisdiction. Earned benefits such as Social Security retirement, Unemployment Compensation, and Workman’s Compensation may be included as income.

link

Yeah trailmix, but this is weird because it's the consulate asking for the I864 at interview, and supposedly for a K3 visa.

Yeah I agree, It just also seems strange, seeing as he did submit an I-864 that they didn't allow the Unemployment compensation when they state they will. Seems a bit of a mess.

[pushbrk 12,884]

Is there any written proof anywhere, that unemployed income does count as part of gross income and they cannot deny me VISA by not counting unemployed income?

Yes. Read the wording of item 7 on the I-134. It starts indicating you are employed at or engaged in the business of....and derive and annual income of.....

To include "unemployment insurance" benefits in that number would NOT BE a truthful statement. Of course you include them on your tax return.

Perhaps some of your problem we're discussing in another thread stems from the fact that you stated your 2006 income per the tax return instead of stating your annualized 2007 income per your current income documentation.

Clearly, one cannot use temporary (26 weeks maximum) unemployment insurance payments to show an intended immigrant will not become a public charge.

Post editing my own post. See bolded correction of a significant typo.

[pushbrk 12,884]

b(f) Sponsor Use of Benefits. Question 4B of the September 26, 2000 version of the Form I-864 asks if the sponsor or any member of his or her household has used means-tested benefits during the past 3 years. Do not disqualify a sponsor based on a positive response to this question. The reason for this question is to ensure that the value of any such means-tested public benefits is not considered as income on the Affidavit of Support. Federal means-tested benefits currently include SSI (Supplemental Security income), TANF (Temporary As sistance for Needy Families), food stamps, Medicaid, and State Child Health Insurance Programs (SCHIP). State and local means-tested benefits vary by jurisdiction. Earned benefits such as Social Security retirement, Unemployment Compensation, and Workman’s Compensation may be included as income.

link

Yeah trailmix, but this is weird because it's the consulate asking for the I864 at interview, and supposedly for a K3 visa.

Nobody suggested unemployment benefits were means tested or would disqualify a sponsor. They just don't count towards qualifying income against the 125% poverty line standard.

It's the same principal as foreign income. It doesn't count unless it will continue from the same source. Unemployment benefits are not earned or passive income and they aren't sustainable past 26 weeks, so they would be disregarded.

Edited November 2, 2007 by pushbrk

[neel06 0]

can't he just let them know that the baby is not due till january...so the current household size is just 2 for now. by the time the baby is born you will file for AOS, and submit the I-1864 with a co-sponsor.

[Nutty 2]

b(f) Sponsor Use of Benefits. Question 4B of the September 26, 2000 version of the Form I-864 asks if the sponsor or any member of his or her household has used means-tested benefits during the past 3 years. Do not disqualify a sponsor based on a positive response to this question. The reason for this question is to ensure that the value of any such means-tested public benefits is not considered as income on the Affidavit of Support. Federal means-tested benefits currently include SSI (Supplemental Security income), TANF (Temporary As sistance for Needy Families), food stamps, Medicaid, and State Child Health Insurance Programs (SCHIP). State and local means-tested benefits vary by jurisdiction. Earned benefits such as Social Security retirement, Unemployment Compensation, and Workman’s Compensation may be included as income.

link

Yeah trailmix, but this is weird because it's the consulate asking for the I864 at interview, and supposedly for a K3 visa.

Nobody suggested unemployment benefits were means tested or would disqualify a sponsor. They just don't count towards qualifying income against the 125% poverty line standard.

It's the same principal as foreign income. It doesn't count unless it will continue from the same source. Unemployment benefits are not earned or passive income and they aren't sustainable past 26 weeks, so they would be disregarded.

Whatever his income was for last year, it is a mute point. He is currently working and making $65,000 a year as a permanent, full time employee. That should take precendent to a 2006 tax return.

If this was not acceptable, the the National Visa Center would have stopped the process and his case would have never been sent to the Embassy.

[Urge To Race 2]

Nutty,

This was a K3, the NVC did not process an affidavit of support for this case.

b(f) Sponsor Use of Benefits. Question 4B of the September 26, 2000 version of the Form I-864 asks if the sponsor or any member of his or her household has used means-tested benefits during the past 3 years. Do not disqualify a sponsor based on a positive response to this question. The reason for this question is to ensure that the value of any such means-tested public benefits is not considered as income on the Affidavit of Support. Federal means-tested benefits currently include SSI (Supplemental Security income), TANF (Temporary As sistance for Needy Families), food stamps, Medicaid, and State Child Health Insurance Programs (SCHIP). State and local means-tested benefits vary by jurisdiction. Earned benefits such as Social Security retirement, Unemployment Compensation, and Workman’s Compensation may be included as income.

link

Yeah trailmix, but this is weird because it's the consulate asking for the I864 at interview, and supposedly for a K3 visa.

Nobody suggested unemployment benefits were means tested or would disqualify a sponsor. They just don't count towards qualifying income against the 125% poverty line standard.

It's the same principal as foreign income. It doesn't count unless it will continue from the same source. Unemployment benefits are not earned or passive income and they aren't sustainable past 26 weeks, so they would be disregarded.

Whatever his income was for last year, it is a mute point. He is currently working and making $65,000 a year as a permanent, full time employee. That should take precendent to a 2006 tax return.

If this was not acceptable, the the National Visa Center would have stopped the process and his case would have never been sent to the Embassy.

[pushbrk 12,884]

b(f) Sponsor Use of Benefits. Question 4B of the September 26, 2000 version of the Form I-864 asks if the sponsor or any member of his or her household has used means-tested benefits during the past 3 years. Do not disqualify a sponsor based on a positive response to this question. The reason for this question is to ensure that the value of any such means-tested public benefits is not considered as income on the Affidavit of Support. Federal means-tested benefits currently include SSI (Supplemental Security income), TANF (Temporary As sistance for Needy Families), food stamps, Medicaid, and State Child Health Insurance Programs (SCHIP). State and local means-tested benefits vary by jurisdiction. Earned benefits such as Social Security retirement, Unemployment Compensation, and Workman’s Compensation may be included as income.

link

Yeah trailmix, but this is weird because it's the consulate asking for the I864 at interview, and supposedly for a K3 visa.

Nobody suggested unemployment benefits were means tested or would disqualify a sponsor. They just don't count towards qualifying income against the 125% poverty line standard.

It's the same principal as foreign income. It doesn't count unless it will continue from the same source. Unemployment benefits are not earned or passive income and they aren't sustainable past 26 weeks, so they would be disregarded.

Whatever his income was for last year, it is a mute point. He is currently working and making $65,000 a year as a permanent, full time employee. That should take precendent to a 2006 tax return.

If this was not acceptable, the the National Visa Center would have stopped the process and his case would have never been sent to the Embassy.

There was never an I-864 reviewed by NVC. This is a K3 case. Nevertheless, it is correct that the current sufficient and documented income should have qualified him as a sponsor.

[Jas S 0]

b(f) Sponsor Use of Benefits. Question 4B of the September 26, 2000 version of the Form I-864 asks if the sponsor or any member of his or her household has used means-tested benefits during the past 3 years. Do not disqualify a sponsor based on a positive response to this question. The reason for this question is to ensure that the value of any such means-tested public benefits is not considered as income on the Affidavit of Support. Federal means-tested benefits currently include SSI (Supplemental Security income), TANF (Temporary As sistance for Needy Families), food stamps, Medicaid, and State Child Health Insurance Programs (SCHIP). State and local means-tested benefits vary by jurisdiction. Earned benefits such as Social Security retirement, Unemployment Compensation, and Workman’s Compensation may be included as income.

link

Thank you Thank you Thank you, that is the best thing I could have gotten. I am going to try to use this at the embassy.

[trailmix 77]

b(f) Sponsor Use of Benefits. Question 4B of the September 26, 2000 version of the Form I-864 asks if the sponsor or any member of his or her household has used means-tested benefits during the past 3 years. Do not disqualify a sponsor based on a positive response to this question. The reason for this question is to ensure that the value of any such means-tested public benefits is not considered as income on the Affidavit of Support. Federal means-tested benefits currently include SSI (Supplemental Security income), TANF (Temporary As sistance for Needy Families), food stamps, Medicaid, and State Child Health Insurance Programs (SCHIP). State and local means-tested benefits vary by jurisdiction. Earned benefits such as Social Security retirement, Unemployment Compensation, and Workman’s Compensation may be included as income.

link

Yeah trailmix, but this is weird because it's the consulate asking for the I864 at interview, and supposedly for a K3 visa.

Nobody suggested unemployment benefits were means tested or would disqualify a sponsor. They just don't count towards qualifying income against the 125% poverty line standard.

It's the same principal as foreign income. It doesn't count unless it will continue from the same source. Unemployment benefits are not earned or passive income and they aren't sustainable past 26 weeks, so they would be disregarded.

I understand what you mean, however if that is the case why do they say Unemployment Compensation may be included as income? What is the point of including it in income if it will not be considered toward the 125%?

[rebeccajo 14]

b(f) Sponsor Use of Benefits. Question 4B of the September 26, 2000 version of the Form I-864 asks if the sponsor or any member of his or her household has used means-tested benefits during the past 3 years. Do not disqualify a sponsor based on a positive response to this question. The reason for this question is to ensure that the value of any such means-tested public benefits is not considered as income on the Affidavit of Support. Federal means-tested benefits currently include SSI (Supplemental Security income), TANF (Temporary As sistance for Needy Families), food stamps, Medicaid, and State Child Health Insurance Programs (SCHIP). State and local means-tested benefits vary by jurisdiction. Earned benefits such as Social Security retirement, Unemployment Compensation, and Workman’s Compensation may be included as income.

link

Yeah trailmix, but this is weird because it's the consulate asking for the I864 at interview, and supposedly for a K3 visa.

Nobody suggested unemployment benefits were means tested or would disqualify a sponsor. They just don't count towards qualifying income against the 125% poverty line standard.

It's the same principal as foreign income. It doesn't count unless it will continue from the same source. Unemployment benefits are not earned or passive income and they aren't sustainable past 26 weeks, so they would be disregarded.

I understand what you mean, however if that is the case why do they say Unemployment Compensation may be included as income? What is the point of including it in income if it will not be considered toward the 125%?

Now you're catching on.

But.......we still don't have a good reason as to why this matters. In other words, why they are asking for an I864 in the first place.

[archie07 0]

I was in the other thread, can't the lawyer file an amended I 134 or I 864 with a co sponsor and have the papers faxed to the embassy or the OP.

[archie07 0]

I was in the other thread, can't the lawyer file an amended I 134 or I 864 with a co sponsor and have the papers faxed to the embassy or the OP.

I didn't see where they asked for an I 864, the OP seems to have a couple different threads here. Would a faxed amended I 134 be accepted with a co sponsor?

[pushbrk 12,884]

b(f) Sponsor Use of Benefits. Question 4B of the September 26, 2000 version of the Form I-864 asks if the sponsor or any member of his or her household has used means-tested benefits during the past 3 years. Do not disqualify a sponsor based on a positive response to this question. The reason for this question is to ensure that the value of any such means-tested public benefits is not considered as income on the Affidavit of Support. Federal means-tested benefits currently include SSI (Supplemental Security income), TANF (Temporary As sistance for Needy Families), food stamps, Medicaid, and State Child Health Insurance Programs (SCHIP). State and local means-tested benefits vary by jurisdiction. Earned benefits such as Social Security retirement, Unemployment Compensation, and Workman’s Compensation may be included as income.

link

Yeah trailmix, but this is weird because it's the consulate asking for the I864 at interview, and supposedly for a K3 visa.

Nobody suggested unemployment benefits were means tested or would disqualify a sponsor. They just don't count towards qualifying income against the 125% poverty line standard.

It's the same principal as foreign income. It doesn't count unless it will continue from the same source. Unemployment benefits are not earned or passive income and they aren't sustainable past 26 weeks, so they would be disregarded.

I understand what you mean, however if that is the case why do they say Unemployment Compensation may be included as income? What is the point of including it in income if it will not be considered toward the 125%?

Who is they? Unemployment compensation is taxable income, so it shows on a tax return but it is neither earned income or passive income and it isn't sustainable. A Consular officer would be a fool to consider it in any positive way in the process of deciding the likelyhood of an applicant becoming a public charge. A smart one would consider the more unemployment compensation used, the less to be available if needed again soon.

The IRS is not the USCIS. One collects taxes. The other looks at income for an entirely different purpose.