Bob

Nice one...so we were kinda right, but not in this situation *lol*

bionomique

Yep. But it's good to know.

Jonathan McNeil Wong

Noorah101 wrote:
    >>My understanding is that you can not take into account your main
    >>residence, you have after all to live somewhere. But I can not find
    >>reference so I may well be wrong.
    >>Most people seem to use family if they need a co-sponser, asking
    >>friends is a big ask.
    >>I do not know about the disability issue and not claiming on the basis
    >>of the family, I have seen mention of other claims where I would have
    >>thought that this would not be allowed, but it was. So I would not
    >>assume that this is the case.
    >>UK also requires you to show that a spouse will not be a Public
    >>charge, the conditions are just not quite so specific.
    >>I would not be so quick to slag off the lawyer, sounds like what he
    >>has said in round terms is right, come back when you have the
    >>affadavit of support.
    >>The forms are painful, no awards likely from the Plain English
    >>campaign, but not too painful. On the other hand you have the issue of
    >>adjusting having come here on holiday, with children, and all of you
    >>adjusting. Not sure if I have seen that one mentioned before. I may
    >>have this wrong, are they your husbands children?, but that is how the
    >>post reads.
    >>Anyway even if you use a lawyer you still need to understand the
    >>process, you have to supply all the docs no matter what. Have a look
    >>here and take it slowly:
    >>http://www.visajourney.com/forums/in...?pg=i130guide2
    >>I have seen reference to other people using cars etc to meet the
    >>limit, anything that can be converted to cash with the year.
    >
    >
    > Yep, I know for sure Social Security income, retirement income, and
    > pension in come are all OK to use on the Affidavit of Support. My
    > logic says disability income should also be OK, but I don't know for
    > 100% sure.
    >
    > Rene
    >

I think it may depend on the source of the "disability income."

If the income is through a private disability policy (including an
employer-paid disability problem), no problem.

If the income is through a state disability program funded by employer
and/or employee contributions, no problem.

If the income is through a government-funded needs-based disability
program, it might depend on the program.

As to the issue of valuation: the OP should consider asking a local real
estate agent to run a series of area comps. They'll do this for free
most of the time; the report may work well enough as an appraisal. Not
everyone can shell out for a formal MAI appraisal.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============

Jonathan McNeil Wong

Rete wrote:
    >>In addition to what Bionomique says (which were my first thoughts
    >>exactly when I read $1800.00) is that the Poverty Guidelines are based
    >>on GROSS income. The $1800 is more than likely NET.
    >>Caramel,
    >>What I would do in your situation is
    >>a) ditch this lawyer
    >>b) find a better one through AILA (www.aila.org)
    >>c) have them find out for certain if your combined income from
    >> disability is 'good' for the I-864
    >>If the answer to c) is YES, then you guys would probably be able to
    >>make it on income alone. And if the amount isn't quite enough,
    >>you'll only be short a few hundred which I'm certain your house is
    >>still worth.
    >>No reason to worry about joint sponsors until you find out the
    >>answer to c).
    >>Good luck!
    >>Elaine
    >
    >
    > I think what you have to remember is that one of those incomes for
    > disability is not from the US but from the UK. It might well be that
    > the UK income will not be acceptable and might well be why the attorney
    > said to have a co-sponsor.
    >
    > Let's face it unless the USCIS knows what the laws are in the UK
    > regarding a UK resident leaving to assume residency in another country
    > and their disability income and that it won't be stopped after x
    > number of months or years, why would they allow that foreign income to
    > be counted?
    >
    > During our K-1 at the US Consulate in Montreal, Jim's 36,000 pension was
    > not allowed to be used to show his ability to remain free of public
    > charge in the US.
    >
    > Rete
    >

Good point on the disability.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============

Jonathan McNeil Wong

USA & Pakistan wrote:
    >>I think what you have to remember is that one of those incomes for
    >>disability is not from the US but from the UK. It might well be that
    >>the UK income will not be acceptable and might well be why the
    >>attorney said to have a co-sponsor.
    >>Let's face it unless the USCIS knows what the laws are in the UK
    >>regarding a UK resident leaving to assume residency in another country
    >>and their disability income and that it won't be stopped after x
    >>number of months or years, why would they allow that foreign income to
    >>be counted?
    >>During our K-1 at the US Consulate in Montreal, Jim's 36,000 pension
    >>was not allowed to be used to show his ability to remain free of
    >>public charge in the US.
    >>Rete
    >
    >
    > You dont miss a beat, Rete! (Hey, I made a rhyme:D ) Also, the officer
    > may look at the risk as very high that they would become a public charge
    > if the husband already is.
    >
    > Marnee
    >

I point out that one reason for this is the inability to intercept the
benefits to satisfy any indebtedness to the government. I imagine that
this would be a similar issue with a UK pension.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============

scrubbedexpat099

Would the tax value be good enough?

In Colorado they have a statutory duty to asses every 2 years and the figures are available on line or from the County.

Very helpful info when looking to buy and researching the market, also would have the advantage of being from an official source.

scrubbedexpat099

"I point out that one reason for this is the inability to intercept the
benefits to satisfy any indebtedness to the government. I imagine that
this would be a similar issue with a UK pension."

But if you had say investments/dividends abroad that would also be the case, or any other form of income.

Or if you were self employed in the US.

meauxna

The tax value may be sufficient. I used the online assessment (which is just a duplicate of the County info I get on my annual tax bill) for exactly the reason you state: it looked "official". edit to add: I used the online printout in addition to an actual copy of my annual tax bill.
Depending on how hot your local market is, the county tax 'real market value' may be quite a bit lower than what the property would actually fetch on the open market. I suppose it depends on how much you 'need' the property to be worth

CARAMEL

It has taken me quite a while to try to digest all that has been said in response to my postings. I would thank you all for your interest. I am going to show your responses to somebody else and ask them to explain to me what it all means because, I admit, I have got a little lost - I never was good with numbers and don't understand the "x5" part. One of you kindly pointed me towards the Catholic Charities and I have managed to get in touch with them and am hoping that they will be able to assist us. I am beginning to wish that we could just sell-up, get my husband a UK Visa and get on the first plane back to England - however, even then I have to get SOMETHING done with paperwork because, apparently, as it stands incompleted, I would be pulled over by the airport people and barred from re-entry (which would be daft considering my husband is bound to want to visit his US home and family at some time!) Why does it all have to be so complicated! Thank you all, again.
CARAMEL

Elvira

Believe me, you are not alone. We all wish it were less complicated.

You are probably a little overwhelmed right now. Why not go down to your local library and get yourself a book on immigration - they are bound to have several. Here are 3 that are recommended on http://immigration.about.com (that's another site you may want to look at):

1) "Citizenship Made Simple"
An easy to read paperback guide to the US citizenship process, by Barbara Brooks Kimmell. Helps make it all seem a bit less mysterious and overwhelming.

2) "U.S. Immigration & Citizenship: Your Complete Guide"
Readable chapters in this paperback tell you what might help, or hurt, your application, how to obtain and extend a visa, and what you have to gain, or lose, by applying for citizenship. By Allan Wernick.

3) "How to Get a Green Card: Legal Ways to Stay in the USA"
A well organized and complete overview, in paperback, of the options and procedures for gaining permanent residency in the United States. By Lolda Nicholas-Lewis

This is not necessarily a recommendation - the only one I have read is # 3 which is just what the blurb says. However, any basic guide will probably help you clarify your thoughts and prepare you for your appoinement with the charity you mention.

Wishing you all the best ,

bionomique

Quite simply put, you cannot use 100% of the value of assets to satisfy the poverty guideline, USCIS only considers 20% of their value. You can use 100% of your qualified income. The "x5" comes into play when using assets to satisfy the poverty guideline. Let's say the guideline suggests that you need $22,000 to qualify, but your income is only $18,000 then you are short by $4,000. You cannot meet the guideline with simply $4,000 in assets, but rather $4,000 x 5 = $20,000. I do it the other way around - easier for me really. If you own a home valued at $20,000 only 1/5th of that will count = $4,000

CARAMEL

THANK YOU ONCE MORE. I have requested these books at my local library and they are in process of trying to get them for me since they were not at my branch. Meantime, I have an appointment this week with the Catholic Charities lady and I am so hopeful that she will be able to help us. She certainly seems knowledgeable on-line - as do you all! You are correct about us being overwhelmed by it all right now. I guess we need guidance and reassurance. I will let you know what happens later in the week.
CARAMEL