My spousing filing I-130 for me but she is under disability and have a "payee" under her name

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jb90304

Registered Users (C)
I recently got married to a US Citizen and we want to file I-130 but there's one thing that we're not sure about.
She (as in my spouse who is a US Citizen) currently receives SSI disability benefits and have a payee/representative under her name, meaning that according to Social Security, she is not able to manage her own affairs so the payee (her dad) represents her.

The problem is that her father is not supportive of my illegal status and we're not sure if this would get in our way (he has an extremely conservative political view). For example, when she petitions me, I don't know if they will require him to "approve" of her decision.

Please give me any advice that you can regarding this issue. I would think that LOGICALLY, my spouse would be able to do what she wish for things like marriage and personal relationships, but I don't know what the laws & terms of GC process say about this. I would like to find out about this before I file because filing of course costs lots of money. I would really appreciate any advice, comment, etc, thank you!
 
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Your post is confusing, is she a representative payee herself or her dad is? Who is the actual beneficiary of SSI benefits?
Besides the SSI issue, if you have a legal entry into US you should file anyway as this will prevent any immigration proceedings, once your I-485 is filed your illegal presence in US will be protected.
You can always deal with the I-864 issue later and work things out with your wife and her dad.
They will just RFE the I-864 but atleast your I-485 and I-130 would have been filed.
 
See a lawyer. As her spouse, you might be able to become the representative payee yourself, or have that changed to somebody else. Then her father won't be able to affect your green card process or meddle in her financial affairs, unless his finances are required for the I-864.
 
namecheckvictim said:
Your post is confusing, is she a representative payee herself or her dad is? Who is the actual beneficiary of SSI benefits?
Besides the SSI issue, if you have a legal entry into US you should file anyway as this will prevent any immigration proceedings, once your I-485 is filed your illegal presence in US will be protected.
You can always deal with the I-864 issue later and work things out with your wife and her dad.
They will just RFE the I-864 but atleast your I-485 and I-130 would have been filed.
Click to expand...

My spouse is the beneficiary and her dad is the representative payee.
And for the I-864, her dad isn't going to be one the claiming to support me financially, a friend of mine will become a sponsor.
 
Has your wife been declared "legally incompetent"? This could create further issues about her ability to file legal forms or even contract her own marriage. You need competent legal consultation on every aspect of your particular situation.

As to your friend who will be a joint-sponsor (because your I-130 petitioner MUST submit an I-864 even with zero income, because you cannot qualify for an I-864W because you are here illegally), your friend must be a US citizen, a US non-citizen national (American Samoan who has not yet naturalized), or an LPR (greencard holder).
 
jb90304 said:
I recently got married to a US Citizen and we want to file I-130 but there's one thing that we're not sure about.
She (as in my spouse who is a US Citizen) currently receives SSI disability benefits and have a payee/representative under her name, meaning that according to Social Security, she is not able to manage her own affairs so the payee (her dad) represents her.

The problem is that her father is not supportive of my illegal status and we're not sure if this would get in our way (he has an extremely conservative political view). For example, when she petitions me, I don't know if they will require him to "approve" of her decision.

Please give me any advice that you can regarding this issue. I would think that LOGICALLY, my spouse would be able to do what she wish for things like marriage and personal relationships, but I don't know what the laws & terms of GC process say about this. I would like to find out about this before I file because filing of course costs lots of money. I would really appreciate any advice, comment, etc, thank you!
Click to expand...

I see a problem of proving this marriage was not simply for an immigration benefit.
 
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