johanvg

We called the Social Security Administration and they were unsure (I called them last year and they told us at that time that she would not lose her benefits). Following that we called a disability lawyer's office and they told us that she would most definitely not lose her benefits. To be absolutely sure we went to her local Social Security office and inquired there as well. They told us that she will continue to receive her benefits as it is SSDI (Social Security Disability Income), which is based on her previous work record (she worked as a hair stylist for 11 years before her illness made her unable to work any longer) rather than SSI, which is a supplemental security income available to even those who never worked before but qualify for disability. We got that little fact on paper. Just FYI for other people who might be in the same position we are in one day.

I have been on hold with the food stamp office for the past 15 minutes now.

Noorah101

What is your question for the food stamp people? Whether she can continue getting food stamps after marriage? That probably depends on your joint income at that time.

Keep in mind that if YOU get food stamps in your name while here in the USA, the government will come after the I-864 sponsor for repayment.

Rene

meauxna

I can promise that food stamps income will not count for the I-864. I'm pretty certain that SSDI can be used.

You're not calculation the dollar amount in the same way that I would, but we'd probably get to the same answer.

As far as the mortgage, you are looking at the quesiton incorrectly. Do you have sole claim to the title of this house? You have loans to finance it, but are those loans secured by the property?
If you own the house free and clear (no one else has claim to the title) then the whole thing is yours.

If you are going to use income AND assets, first calculate the income. Determine the shortfall from the poverty guideline and multiply that number by 3. The result is the $ amount of assets required.

When talking to all these offices, be crystal clear with them that you would be a new immigrant and know that you yourself are NOT eligible for any of these benefits. What you need to know is, in what way will your (then) wife's benefits be impacted by you living in her residence.

But don't feel the pressure to rush this. If she hasn't yet told her mother, maybe you are going too fast. Sorry, you get a personal opinion for free here sometimes.

Rete

She will not lose her social security disability payments since they are based on her continuing disability and not on her income. Food stamps and other benefits which are based on income will be lost once you are married and have added your assets and income to the household finances.

I am curious why you and she are even thinking of food stamps. If you are married and have assets such as the amounts you say you have and the possibility of a good paying job once you have an employment authorization document, why the need for public assistance to put food on the table?

ian-mstm

With all due respect, if your girlfriend is afraid to tell... she's likely not yet ready for marriage... and/or she sees you as a way out of her situation.

We now return you to your regularly scheduled program.

Ian

Rete

And/or she believes that her family will disapprove of you for whatever reason. If this is true, then you must look to see just how tied to her family she is because disapproval of her spouse might mean that they will have nothing further to do with her.

It is a highly personal subject but since your immigration issues are workable, it is perhaps the right time to remind you of what is personally at stake here for both you and her if you marry.

johanvg

She just does not want to tell her mother until she will know with absolutely certainty that we have all the information we need to alleviate her concerns.
Her mother and stepfather like me but seem to be worried that I might just be using her to become a US citizen and may dump her as soon as I get to that point - something that did not cross my mind even once (I just want to build a new life here with her) but is a valid concern nonetheless.

She is still wondering about whether to tell her alone or if it should be better to tell her together. Any takes on that one?

johanvg

The food stamp office told me that she will continue to get food stamps until I will have actual income so she will not lose them during the time that we will be apart (if we go the CR-1 route).

We are having a telephone conference with an immigration lawyer (Kathryn Reeves of the AzulaySeiden Law Group Tampa, FL branch) tomorrow at 12:00 PM as the in office consultation fee was $200. Money is tight right now, so... Maybe we will still do an in office consultation after our lawyer is aware of all the details of our case. All of the lawyers I talked to so far were unaware of the possibility of using my own assets. She was the only one who said that I might be able to but that she would have to look into the matter. Better to have a hard working lawyer than an ignorant one?

Noorah101

Make sure the bulk of her business is Family-Based Immigration (as opposed to work related visas). Immigration is a specialty field, and you want to get someone who is experienced in the family-based area.

Perhaps the other lawyers assumed you were talking about a fiance visa (in which case no, your assets can't be used), rather than a spouse visa. Or maybe they were not family-based immigration lawyers. Either way....make sure she has the experience you need to go forward.

Rene

jeffreyhy

jvg,

These lawyers you've been talking to, they are immigration lawyers? And they do a lot of family-based immigration or they do primarily employment-based immigration?

I would find it unsettling for lawyers who do family-based immigration to not be fully conversant with I-864.

Regards, JEff

johanvg

I hope it is not a problem that I am not British. In my defense I have been to London 6 times, love a good curry and have probably watched more BBC and ITV shows in my life than your average Brit. Tally-ho?

Noorah101

LOL, not a problem. I'm in the same boat. I'm American, my husband is Iranian, and we used the US Embassy in Turkey for his K-1 fiance visa. Definitely not Brits here.

Rene

meauxna

I'm with the others; that is a serious red flag for me. The I-864 is the most complex document in this whole application and the one where you already know you have your main challenge.
The I-864 rules changed not too very long ago, and unless the attorney is very familiar with the "Final Rule", proceed with caution.

As already said, most immigration lawyers do the bulk of their business with employment cases (duh, where the money is), leaving the family based cases (especially in Florida) to the wolves.

The bright spot is, you do not need to hire someone to file your case. If you get into it and learn what you need to learn you can probably file yourself. What you do need is a legal eye checking out your current situation and giving you a blessing. If that person does a lot of family based work, *with* your local office, that is an asset to you. If they do not, you may want to keep shopping because that person's opinion won't be any more guarantee than the checker at Kroger's.
Many, many times, we have read that a good lawyer tells the client: You don't need me for this.
Make sure they are members of the Bar, and ideally someone in the office is an AILA member (trade group).


Back to the I-864. My favorite links are in this thread; expect to read this material several times before it all clicks into place for you. There is a link here to the Final Rule information I talked about above.
http://www.familybasedimmigration.co...hread.php?t=21

johanvg

My girlfriend found the following:
and
Source: familybasedimmigration.com

johanvg

Well, it seems neither are applicable in our case. I-864EZ only allows to list the sponsor's income and the petitioner would need to have worked 40 quarters in the US to be able to use I-864W. We will be talking to a number of immigration lawyers starting at 12 PM. Cross your fingers.