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Immigration Forum / USA Marriage Base / December 2004co-sponsor income
We have a problem. My wife is US citizen and I came with K1 visa. We got married and just mailed AOS papers yesterday. She doesn't meet the requirements to be my sponsor so we have a mutual friend as cosponsor. Today she went to re-apply for medicaid (was that it medicare???) for herself but was refused because now she is married to me and I am sponsored by another person and they count that person's income as my income. Is the system really so screwed up that my wife can't get any medical because MY sponsor makes too much money? My wife has a cancer and needs treatments we can't afford to pay. We can't ask my sponsor to pay her medical bills. Is our only possibility after all this to divorce and me go back to Finland just so that she can get her cancer treated? We are living in Florida. Any advice would be greatly appreciated. Thank you. Jarmo PS. Took 4 hours to get through Miami airport and the immigration officers were speaking Spanish among themselves and their English was barely understandable. > We have a problem. My wife is US citizen and I came with K1 visa. We > got [quoted text clipped - 23 lines] > officers were speaking Spanish among themselves and their English > was barely understandable. Hi Jarmo, I don't know the answer, but I have a question. When your wife went to re-apply for Medicare/Medicaid, how did they even know that a cosponsor exists? I can see where your wife would list your information, since you're her spouse, but how would they know about the cosponsor and how much the cosponsor earns, etc? :confused: Best Wishes, Rene > Hi Jarmo, > [quoted text clipped - 6 lines] > Best Wishes, > Rene They interviewed my wife and started asking about me. I wasn't there so I don't know exactly how they found out that there is cosponsor but after they did, they started asking his name and his income and stuff like that. I don't know.... this feels totally overwhelming. If attorney could help, we would gladly try to find the money to consult one but if all he does is tell that we are screwed we really can't afford to do that. Jarmo > They interviewed my wife and started asking about me. I wasn't there > so I don't know exactly how they found out that there is cosponsor but [quoted text clipped - 5 lines] > > Jarmo HI Jarmo, An attorney might charge you $50 to $75 for a 1-time office visit. It might be worth it to pay that, and get an attorney's input. Then you'll know where you stand for sure. That's what I would do if I were you. Even if he tells you you're screwed, at least you'll know for sure. I'm sure there must be a way to get your wife's treatments paid for without resorting to divorce. Best Wishes, Rene > HI Jarmo, > [quoted text clipped - 7 lines] > Best Wishes, > Rene Ok, we are in Venice, Florida. Where to find a decent lawyer? > Ok, we are in Venice, Florida. Where to find a decent lawyer? Go to www.aila.org and fill out the form to get a referral of AILA laywers in your area. You would benefit from consultation with an immigration lawyer rather than a lawyer who specializes in another area. This is the place to go to get a list of AILA members in your area. Good luck, and I do hope that your wife gains strength and healing. ~SecretGarden > Go to www.aila.org and fill out the form to get a referral of AILA > laywers in your area. You would benefit from consultation with an [quoted text clipped - 4 lines] > > ~SecretGarden Oh, the joy of sponsors!! I've always understood that if you sponsor an immigrant to live in the US (whether you are the spouse or a co-sponsor) neither the immigrant or their immediate family can claim any means-tested benefit. Or if they do, the sponsor (or co-sponsor) has to reinburse the agency that provided it. It seems to be a no win situation. And people wonder why I'm having problems finding a co-sponsor! > We have a problem. My wife is US citizen and I came with K1 visa. We > got [quoted text clipped - 23 lines] > officers were speaking Spanish among themselves and their English > was barely understandable. I am going to take a stab at this but do NOT take what I say as gospel. What I think is there may have been a bit of a mix-up. What I think they did was deeming - but that only applied if the immigrant applies for means- tested benefits. See here: If a sponsored immigrant applies for a means-tested public benefit, that agency will consider or "deem" the sponsor's income and resources as well as the income and resources of the sponsor's current spouse to be available to the sponsored immigrant in determining the eligibility of that sponsored immigrant for benefits. Deeming of the sponsor's income usually will make the sponsored immigrant ineligible for means-tested public benefits. They may also deem the joint sponsor's income. If it works the other way around too (as in: you make money, that's the family income, and based on that amount she is not eligible for medicaid) then I would think that they can't 'count' the joint sponsor's income since this is not YOUR income nor are they HER sponsors. As far as I know your wife should be not be ineligible for any means- tested benefit due to being married to an immigrant. The denial may be the result of a whole 'nother scenario, though. I'm pretty sure an immigration attorney will be able to shed more light on this for you. Good luck, and I hope that your wife's cancer will be cured. I'm sorry you guys have this to worry about now, that's the last thing she needs right now. Elaine > I am going to take a stab at this but do NOT take what I say as > gospel. What I think is there may have been a bit of a mix-up. What I [quoted text clipped - 27 lines] > > Elaine That's exactly what I was thinking Elaine. I could see how she could be denied, if he was working and they would count HIS income and that put her over the limit. However, they should not even be considering the joint sponsor's income because that person's income is not their own. The joint sponsor's income should most likely only be considered if HE was the one applying for a means-tested benefit. However, as I've not had any experience in this arena, I hope someone can answer this more definitively and suggest a course of action that doesn't include divorce!! Best of luck! ~Jamie > I am going to take a stab at this but do NOT take what I say as > gospel. What I think is there may have been a bit of a mix-up. What I [quoted text clipped - 27 lines] > > Elaine Hi Elaine, I have a somewhat related question for you, please tell me your opinion. I have a USC friend who was on state housing assistance. She had since married her fiance who came in on a K1. When she went in to renew her state housing, they needed her spouse's information now that she's married. She just stopped right there and didn't pursue the housing assistance, since she thought her alien spouse doesn't qualify and she didn't want the agency to come after her or the joint sponsor for the funds. She and I have both tried contacting that agency to ask if it's a means- tested benefit (their website doesn't mention it) and neither of us can ever get through to talk to someone. Of course, now that she's married anyway, and her alien husband is working, they might not even qualify to receive the housing benefit. And, I'm guessing that since they look at she and her spouse's combined income, that if they do still qualify for the benefit (financially), and it IS means-tested, then she still shouldn't apply, because he's indirectly getting the benefit by being her husband....am I right, or totally confused? LOL The biggest problem is trying to determine if that benefit is a means- tested one!! Grrrrrr! It's the "West Fargo Housing Authority of Cass County". Any ideas? Thanks! Rene > Hi Elaine, > [quoted text clipped - 25 lines] > Any ideas? Thanks! > Rene As the others have said, I don't see how they can deny a USC benefits because her immigrant husband has a sponsor. The co-sponsor is sponsoring YOU, the immigrant, not your wife. I'm also curious as to how they would even know about the co-sponsor in the first place. ~ Jenney > I am going to take a stab at this but do NOT take what I say as > gospel. What I think is there may have been a bit of a mix-up. What I [quoted text clipped - 27 lines] > > Elaine As I understand it: Agencies usually look at the household as a whole, meaning that the husband or wife cannot be eligible by themselves if the other one has resources/income that disqualify them. So, if the sponsor (or co- sponsor's) income is considered for one then it would disqualify the entire family. Marnee > As I understand it: > [quoted text clipped - 5 lines] > > Marnee But the income of their joint sponsor cannot be considered (in my mind). They cannot include the income of the joint sponsor on an application for a loan, or on taxes, so why should it matter here?? A joint sponsor's income is only going to be needed (or taken by the gov't) if the immigrant is the one applying for means-tested benefits, not the USC's. It's not like a joint sponsor is physically supporting them in their daily lives, s/he assumes responsibility only when the immigrant applies for gov't benefits. Or am I totally off-base here?? > But the income of their joint sponsor cannot be considered (in my > mind). They cannot include the income of the joint sponsor on an [quoted text clipped - 6 lines] > > Or am I totally off-base here?? Hi Jamie, I think you're right on here. The joint sponsor's income shouldn't be involved in this whole scenario at all. The question as I see it is, can the USC get means-tested benefits on her own, even though she has an alien spouse? As Marnee said, it seems that they consider the household income (grant it, NOT the joint sponsor - but the USC wife and alien husband together). If that's the case, and the agency has to consider the combined income...even if they still fall short and thus qualify for the benefit, does it count against the alien spouse, even though it's the USC wife who is really applying? Rene > Hi Jamie, > [quoted text clipped - 11 lines] > > Rene Yes, but according to Elaine's post it looks clear that they consider a sponsor's income and resources as available to the immigrant and so that is why it is considered in the equation of whether or not a Family qualifies. Sponsor = co-sponsor = joint sponsor: all are equally, jointly and severally liable. Per the post above: If a sponsored immigrant applies for a means-tested public benefit, that agency will consider or "deem" the sponsor's income and resources as well as the income and resources of the sponsor's current spouse to be available to the sponsored immigrant in determining the eligibility of that sponsored immigrant for benefits. Deeming of the sponsor's income usually will make the sponsored immigrant ineligible for means-tested public benefits. Marnee > Yes, but according to Elaine's post it looks clear that they consider > a sponsor's income and resources as available to the immigrant and so [quoted text clipped - 14 lines] > > Marnee That doesn't make sense to me. I can understand why an agency would "come after" the sponsors to pay back the money that the immigrant shouldn't have used. But I can't see how they could actually USE the total income of everyone in determining eligibility. As Jamie pointed out, the immigrant can't use the joint sponsor's income for anything else in his life...taxes, loans, etc...and it's not like the joint sponsor IS using any of his income to support the immigrant on a daily basis...so how can they include it as part of the immigrant's income? :confused: Rene > That doesn't make sense to me. I can understand why an agency would > "come after" the sponsors to pay back the money that the immigrant [quoted text clipped - 7 lines] > > Rene I believe that the sponsor does promise to make their income available to the immigrant, no? At least 125% of the Federal Poverty Level. Quote from the I-864 form: "I agree to provide the sponsored immigrant(s) whatever support is necessary to maintain the sponsored immigrant(s) at an income that is at least 125% of the Federal public guidlines." "I acknowledge that section 213A...grants the sponsored immigrant(s) and...agencies... to sue me for failing to meet my obligations under the affidavit of support... " Marnee > I believe that the sponsor does promise to make their income available > to the immigrant, no? At least 125% of the Federal Poverty Level. [quoted text clipped - 10 lines] > > Marnee If that's the case, then heck, every immigrant who uses a joint sponsor should be able to use their own income, their USC spouse's income, AND the joint sponsor's income when filling out any paperwork (such as loan applications, etc) that asks for an annual income, right? Even if they're not receiving regular cash income from the joint sponsor, according to the affidavit, the money IS available to them. And if an agency considers the joint sponsor's income as part of the immigrant's income, then everywhere across the board should also accept it, right? Rene > If that's the case, then heck, every immigrant who uses a joint > sponsor should be able to use their own income, their USC spouse's [quoted text clipped - 7 lines] > > Rene Not to mention, what if the joint sponsor barely makes 125% of the poverty guidelines - are they then expected to hand over every bit of their income to the sponsored immigrant to make sure they are at 125% of the poverty guidelines? > Not to mention, what if the joint sponsor barely makes 125% of the > poverty guidelines - are they then expected to hand over every bit of > their income to the sponsored immigrant to make sure they are at 125% > of the poverty guidelines? Yeah...something doesn't sound right here. LOL Although, the joint sponsor IS supposed to make 125% of the minimum for his own family PLUS the immigrant. So, if he makes that much money, I guess the extra money can go to help support the immigrant. But that doesn't mean that the immigrant himself will show earnings of 125% of his required minimum! Argh! Can you imagine the bank asking the immigrant - ok, show us the source of your other income - and he drags out the I-864 and supporting documents from his joint sponsor. I wonder if a bank would accept it as valid income, based on that paragraph that says the income is available to the immigrant? Hmmm.... > If that's the case, then heck, every immigrant who uses a joint > sponsor should be able to use their own income, their USC spouse's [quoted text clipped - 7 lines] > > Rene There you go again with that logic-stuff! ;) Marnee |
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