Meaning/binding power of the Affidavit of Support in family based immigration

[BPetroleum]

Background: After naturalization we want to bring our parents (from both sides) to live in US on GC (via family based immigration). Nevertheless it seems to be obvious that the cost of them living here (apartment, food, clothes, and especially medical expenses in their age) would very high and not affordable for an average middle-class family with their own kids etc. That sort of contradicts my perception that a sizable amount of naturalized citizens are brining their folks or even brothers/sisters to the US. Are all these new citizens I observe on this forum in this section or elsewhere are very rich? Or am I missing something?

1. What is the meaning of the Affidavit of Support then?
2. Is there certain line where responsibility of the sponsoring party ends and ability to access social programs starts?
3. What/how strong is the binding power of the Affidavit of Support? (Will USCIS or whoever force me into bankruptcy or further if I am in a financial strain in the future and cannot financially fulfill AOS?)
4. Does it mean that all social programs/benefits are not available to such immigrants? My state provides a lot of benefits to immigrants (GC holders), but are family-based immigrants excluded? (SSI, housing, Medicare/Medicaid).



I suspect that a lot of people here went through these or similar questions. I'd greatly appreciate if you could share on this topic. Thank you.

 

[dr_lha]

In general the affidavit of support is supposed to stop exactly what you appear to want. I.e. bringing people over to the USA so they can be a burden on the welfare system. People who just come over to the USA to sponge off other taxpayers money are not welcome.

Green Card holders are not eligible for any means tested government benefits. Those benefits that aren't means tested are available however.

BTW - I imagine most people who bring their brothers/parents over here expect that they can pay their own way when they get here.

 

[BPetroleum]

Turns out there is only a small part of benefits being defined as a 'means tested'. It seems to be limited only to cash income supplement (SSI) and long-term care/facilities roughly speaking.

 

[Jewel12]

In general the affidavit of support is supposed to stop exactly what you appear to want. I.e. bringing people over to the USA so they can be a burden on the welfare system. People who just come over to the USA to sponge off other taxpayers money are not welcome.

Green Card holders are not eligible for any means tested government benefits. Those benefits that aren't means tested are available however.

BTW - I imagine most people who bring their brothers/parents over here expect that they can pay their own way when they get here.

...But even if a GC holder applies for benefits that are not means tested, isn't the government supposed to collect the cost of these benefits from the sponsor? At least, that has been my impression for quite some time now. Am I wrong?

 

[BPetroleum]

Turns out there is only a small part of benefits being defined as a 'means tested'. It seems to be limited only to cash income supplement (SSI) and long-term care/facilities roughly speaking.

Let me correct myself. It looks like I mixed up 'public charge' with 'means tested'. 'Public charge' is more lax and is used for inadmissibility or deportation testing. 'Means tested' is more strict and restricts many more benefits then 'public charge'...

 

[BPetroleum]

One more question about brining parents on family based GC and access to benefits. When they later become naturalized US citizens themselves - is the restriction to access "means tested" benefits gets removed? Or they will be restricted to access them for the rest of their lives even being US citizens? Thank you.

 

[dr_lha]

Yes, once they are citizens they're free to claim any benefits any other American citizens can.

 

[TheRealCanadian]

Yes, once they are citizens they're free to claim any benefits any other American citizens can.

One important consideration for bringing elderly parents over is that SS benefits are restricted to those who have contributed for at least 40 quarters. Medicare is similar, but you can buy into Medicare.

 

[BPetroleum]

I realize that this is a very long shot but I'll ask anyway. Are there any international agreements that US supports or whatever that allows retired people from other countries coming to US to somehow transfer their work history to the US SS system towards 40 quarters contributions? Ways to transfer (government payed) pension that they get in their current country of residence? Thank you.

 

[Ashin2]

1) I am not sure about transfering work history in US SS system. I doubt it!! But you may want to contact SS admin and check out.

2) You can always draw the govt payed pension in that country and pay taxes on it. For example, if you have govt sponsored pension in Belgium, you will pay taxes in Belgium for it. If that country has tax treaty, then you won't pay taxes in US. But if that country does not have tax treaty, you will be taxed on that pension in US as well. Check www.irs.gov for more details. There are many countries that will not transfer your pension into US. You usually deposit it in the country of origin and repatriate that back in US, or spend it in the country of origin.

 

[TheRealCanadian]

Are there any international agreements that US supports or whatever that allows retired people from other countries coming to US to somehow transfer their work history to the US SS system towards 40 quarters contributions?

It depends on the country; Canada has a "totalization agreement" that allows people to claim quarters in Canada as "0" contributions to SS; meaning they count towards the 40 quarters but at the lowest possible level.

Ways to transfer (government payed) pension that they get in their current country of residence?

The same way you'd transfer any other money.

 

[LucyMO]

you can get your Russian pension paid in the States, you have to get that done at the Russian consulate. From what I hear - it's not worth the trouble. But their work history will not count towards the 40 quarters. Good news - it doesn't have to.

One important consideration for bringing elderly parents over is that SS benefits are restricted to those who have contributed for at least 40 quarters. Medicare is similar, but you can buy into Medicare.

SSI will be available to your parents once they become US citizens and are of appropriate age. Also, they will get Medicaid. Sometimes what people earn through working for 40 quarters is less then SSI.

 

[BPetroleum]

you can get your Russian pension paid in the States, you have to get that done at the Russian consulate.

I am assuming that this is valid as long as they are on GC, right? Once they become USC they should not expect that pension from another country anymore, correct?

Is that specific to Russian citizens only or other countries also have similar things?

Do you have any link or links handy?

Thanks a lot

 

[NeShawn]

I am deeply moved by your desire to help your family. Of course, the financial aspect is more than one can handle. I want you to keep in mind that the benefits that will be available for elderly family members and others may not be effective in future years with legislature making changes constantly. If they are retired and they become citizens they can get the same benefits and a US born citizen like SSI (if still available) but Social Security is very controversial (even for US born citizens). Can't the younger generation pull together to provide for elders. They only would need to provide a room in the home and food and clothing?

 

[TheRealCanadian]

I am assuming that this is valid as long as they are on GC, right? Once they become USC they should not expect that pension from another country anymore, correct?

It depends on that country's laws and how they consider citizens who obtain citizenship in other nations.

 

[LucyMO]

NeShawn, do you know how difficult it is to live together with your parents and your children in the same house? how about we add the in-laws to the mix, since they are the spouse's parents and we need to take care of them as well?

Once they become citizens, they will be eligible for the same benefits as natural born citizens. The pension from their own country (Russia, for example) is about $40-100/month. Do you seriously think it will be enough to cover any expenses?

And it's not the room and clothing that are expensive. It's medical care. For example, Blue Cross Blue Shield offers a very "sensible" insurance for people over 55. $400 a month ($5,000 deductible). Now, my mom is working here in the States earning her 40 quarters, she brings home about $1,000. Do you think healthcare is affordable in her case? And that's considering that she is actually earning money.

 

[NeShawn]

NeShawn, do you know how difficult it is to live together with your parents and your children in the same house? how about we add the in-laws to the mix, since they are the spouse's parents and we need to take care of them as well?

Once they become citizens, they will be eligible for the same benefits as natural born citizens. The pension from their own country (Russia, for example) is about $40-100/month. Do you seriously think it will be enough to cover any expenses?

And it's not the room and clothing that are expensive. It's medical care. For example, Blue Cross Blue Shield offers a very "sensible" insurance for people over 55. $400 a month ($5,000 deductible). Now, my mom is working here in the States earning her 40 quarters, she brings home about $1,000. Do you think healthcare is affordable in her case? And that's considering that she is actually earning money.

You haven't lived long enough in the US to fully understand the changes.

A lot of families stick very close together. They buy or rent a house with 4 -5 bedrooms and the ones who can work, work hard!!! and they invest. Actually my neighbors are from China, the men came first. Grandpa, son, and nephew and found a 3 bedroom house. They worked hard, day and night, they didn't even have a lawn mower to mow the lawn. I cut the grass for them and let them borrow mine which someone had given me an old one. I am sure they were humbled by it yet they could not keep their yard groomed like others in our neighborhood but they worked hard and long. Soon 2 more came and grandpa did not have to work so hard. Then 3 moved out in a place of their own and then the women came. Now the house is taking shape. They started out with 1 then 2 old cars they were able to save and purchase, now they have 2 brand new vehicles, a Lexus and a Van. Very nice and now they are able to groom their yard and live like a family with their women. Occasionally I see a child and it looks like everyone has benefited from working together. The people who now live in the home are not the ones who originally came except for 1 man. They have helped each other. It can be done. Hard work and a little help from the so called great USA.

TOGETHER WE STAND! DIVIDED WE FALL!!!

 

[LucyMO]

You haven't lived long enough in the US to fully understand the changes.

13 years in the US, about a third of my life, and you don't think I have been in the US long enough? Heh.... And what changes am I supposed to understand if I live long in the US? Most Americans do not have three generations living under the same room. Whoever does it does so out of sheer necessity. Sometimes having in-laws in your house for a prolonged period of time can ruin your own family. But that's beyond the point of this topic's discussion.

As for your post about grandpas working hard - grandpas can be quite different. Some grandpas are 45 and are fully able and willing to work hard. Other grandpas are 75 when they come to the US and might be too frail to work. The point is - if they are eligible for SSI and Medicaid - so be it. I am not advocating giving aid to those who can still work. But for those who have worked all their lives, are now retired and became citizens, and are eligible for it - let them have it. Let them use it for subsidised housing - they don't have to spend the remainder of their lives crowded in the three-bedroom house with their kids and grandkids.

 

[Hack_It]

Other grandpas are 75 when they come to the US and might be too frail to work. The point is - if they are eligible for SSI and Medicaid - so be it. I am not advocating giving aid to those who can still work. But for those who have worked all their lives, are now retired and became citizens, and are eligible for it - let them have it.

Have what? Money from a system they have never contributed into? Why not getting benefits from the place they "have worked all their lives"?
Not to mention that Social Security and Medicare are bogus systems to start with. Unfortunately, everyone knows it but noone knows how do get rid of it.

 

[LucyMO]

Why not getting benefits from the place they "have worked all their lives"?

I already explained that the place they worked for all their lives pays them back about $40-100 a month pensions. The retirees are starving in my former country. I don't see a lot of retirees from Western Europe flocking for a better life to the US. It's probably because their country is taking care of them. Not the same in the former Soviet Union.

Regardless, the government says we will not rip the benefits of our Social security taxes. Well, perhaps, then our parents will. Otherwise, anyone can say - why in the world am I paying social security taxes that go to pay benefits to people I have never met and who may not have worked all their lives? It all works out in the end. You pay taxes, somebody benefits from it. When you are old and using social security, that will be out of somebody else's taxes. I would rather my taxes paid for the elderly and children's benefits than for welfare for those who does not want to work.

Not to mention that Social Security and Medicare are bogus systems to start with. Unfortunately, everyone knows it but noone knows how do get rid of it.

Perhaps, if medical care were not so expensive in the States, people wouldn't need Medicare/Medicaid. In Canada people's taxes pay for free medical care - so, it's still somebody's tax money - whether it is paying for your benefits now or for your benefits later.

Money from a system they have never contributed into?

consider it coming out of all the taxes H1B and F-1 people paid for but will not get to use since they went back to their countries.