QUESTION

Can a disabled person on SSI marry a Non US Citizen?

Asked on Aug 07th, 2013 on Immigration - New York
More details to this question:
Will the disabled person on SSI still be able to keep their benefits after marriage?
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3 ANSWERS

Yes, disabled person can marry non-US citizen. The SSI does not disqualify the disabled person for being a sponsor, however that income cannot be used on the I864, Affidavit of Support. The marriage, for immigration purposes, does not affect SSI. However, you'd need to consult the Social Security Administration or attorney as to whether the new spouse's income (if any) would affect receipt of SSI by the disabled person.
Answered on Aug 14th, 2013 at 11:54 PM

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Marriage, by itself, will not affect your SSI benefits. However, there are three aspects of this situation that you need to consider. First, your spouse will be able to get a green card only if he/she entered the U.S. legally; if not, the marriage will not help him/her to obtain legal status. Second,if your spouse is eligible to adjust status, you will not qualify as the only sponsor of your spouse for a green card. Because you live on a public support, you will have to find a co-sponsor for your spouse who has sufficient income and would agree to sign an affidavit of support. Third, if your spouse becomes a permanent resident, his/her income will be counted to determine the amount you should receive from the SSI; if your spouse will earn enough, it can disqualify you from SSI, Medicaid/Medicare, foodstamps, and other public support.
Answered on Aug 14th, 2013 at 11:53 PM

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Adebola O. Asekun
Being disabled is no bar if both you and the non U.S. citizen are free and wish to marry each other. With respect to whether you will be able to keep your SSI benefits after marriage, I suggest you seek the opinion of an attorney experienced in social security disability law. But note that regardless of who you are or who you marry, marriage often changes one's tax status and may also affect one's eligibility to certain means-tested benefits since the assets and income of one spouse may be taken into account in determining the eligibility of the other spouse for some state or federal benefits.
Answered on Aug 14th, 2013 at 11:53 PM

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