Applying for GC - employment/money question...
#16
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Joined: Aug 2011
Posts: 185
Re: Applying for GC - employment/money question...
Depending on how much you have in that UK account you might want to read up on FBAR filing requirements by the IRS for when you do get that green card. Basically you need to report money that you hold in foreign accounts to the IRS every year if the total balance of all your foreign accounts exceeds $10,000 or they can fine you pretty heavily, etc if they find out about those accounts in the future.
Last edited by CAProgrammer; Jan 1st 2012 at 12:10 pm.
#17
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Joined: Jun 2011
Location: North Carolina
Posts: 35
Re: Applying for GC - employment/money question...
It doesn't have to be in your husband's name, you are his wife so you can list the assets as a contributing household member (since you are a member of his household) on the I-864. Just download the I-864, the I-864 instructions and the I-864p and read through the form and the instructions to get a feel for how everything fits together.
Depending on how much you have in that UK account you might want to read up on FBAR filing requirements by the IRS for when you do get that green card. Basically you need to report money that you hold in foreign accounts to the IRS every year if the total balance of all your foreign accounts exceeds $10,000 or they can fine you pretty heavily, etc if they find out about those accounts in the future.
#18
Re: Applying for GC - employment/money question...
They sign a contract with the US government where they have to agree to support you (should you require it) and pay for any federal means tested benefits that you use from the US government until the contract terminates. The government and/or you can sue them for this support and the contract is indefinite. It only expires if:
1. You become a U.S. citizen.
2. You have worked, or can be credited with, 40 quarters of coverage under the Social Security Act.
3. You no longer have lawful permanent resident status, and have departed the United States.
4. You become subject to removal, but apply for and obtain in removal proceedings a new grant of adjustment of status, based on a new affidavit of support, if one is required.
5. You die.
Note that divorce does not terminate an I-864.
1. You become a U.S. citizen.
2. You have worked, or can be credited with, 40 quarters of coverage under the Social Security Act.
3. You no longer have lawful permanent resident status, and have departed the United States.
4. You become subject to removal, but apply for and obtain in removal proceedings a new grant of adjustment of status, based on a new affidavit of support, if one is required.
5. You die.
Note that divorce does not terminate an I-864.
I also thought the multiplyer was x3 for assets?
#20
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Joined: Aug 2011
Posts: 185
Re: Applying for GC - employment/money question...
If the sponsor dies the US government will be a creditor on their estate and they will still take the money out of the dead person's estate if they are owed any money at the time the sponsor dies. But the I-864 then becomes invalid thereafter.
Oops. I made a mistake there. You are right. For a US citizen sponsoring a spouse the multiplier is 3x. Here is the information given in the I-864 instructions:
"In order to qualify based on the value of your assets, the total value of your assets must equal at least five times the difference between your total household income and the current poverty guidelines for your household size. However, if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only be equal to at least three times the difference. If the intending immigrant is an alien orphan who will be adopted in the United States after the alien orphan acquires permanent residence, and who will, as a result, acquire citizenship under section 320 of the Act, the total value of your assets need only equal the difference."
Oops. I made a mistake there. You are right. For a US citizen sponsoring a spouse the multiplier is 3x. Here is the information given in the I-864 instructions:
"In order to qualify based on the value of your assets, the total value of your assets must equal at least five times the difference between your total household income and the current poverty guidelines for your household size. However, if you are a U.S. citizen and you are sponsoring your spouse or minor child, the total value of your assets must only be equal to at least three times the difference. If the intending immigrant is an alien orphan who will be adopted in the United States after the alien orphan acquires permanent residence, and who will, as a result, acquire citizenship under section 320 of the Act, the total value of your assets need only equal the difference."
Last edited by CAProgrammer; Jan 1st 2012 at 10:27 pm.
#21
Re: Applying for GC - employment/money question...
Also there are exceptions to possible repayment of certain means tested government benefits. Although a green card holder that has not met the qualifications is not eligible for standard medicaid, he/she is eligible for emergency medicaid and the government will not be reimbursed for the costs. Therefore if someone ends up in the hospital and has an income that is low enough to qualify for medicaid, that person will receive medicaid benefits and the sponsor will not be held financially responsible.
#22
Re: Applying for GC - employment/money question...
They have to live up to their contract with the US government (that's what the I-864 is - a contract with the US government) and provide you with money, in an amount up to 125% the poverty level, should you need it and, despite your best efforts, not be able to obtain it elsewhere.
Regards, JEff
Regards, JEff
#23
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Joined: Jun 2011
Location: North Carolina
Posts: 35
Re: Applying for GC - employment/money question...
Sorry - one more question: the amounts of income listed - are they gross or net amounts?