Sending off AoS Packet in the Morning, one final question please

[AnnaMaria 68]

Well we've gone over the packet every day for a couple weeks now and it's finally ready to head to the NVC. Before we send it, we just need to clarify one thing if anyone can help us.

My husband is not required to file taxes because he is a disabled U.S. Citizen and his only income is Social Security Disability and Veteran's Affairs Disability, we've clarified he has no report-able income with tax professionals.

On part 6, Line 5, where it asks for current total individual income, and part 6 Line 10 Household annual income, he entered his total annual benefits. We provided a very detailed written statement regarding the fact he does not have to file taxes along with the IRS Publications supporting the reason why, we've also attached both benefits letters from SSD and the Veteran's Affairs showing his monthly income, proof of deposits, and his Social Security 1099 form.

Are we potentially safe from checklists after providing all of this information supporting why the income boxes show his annual benefits and he does not have to file a tax return? We DO need a Joint Sponsor and we are perfectly qualified with her income, we just want to make sure everything on our form is correct.

Thanks!!!

[CowBoE 429]

Well we've gone over the packet every day for a couple weeks now and it's finally ready to head to the NVC. Before we send it, we just need to clarify one thing if anyone can help us.

My husband is not required to file taxes because he is a disabled U.S. Citizen and his only income is Social Security Disability and Veteran's Affairs Disability, we've clarified he has no report-able income with tax professionals.

On part 6, Line 5, where it asks for current total individual income, and part 6 Line 10 Household annual income, he entered his total annual benefits. We provided a very detailed written statement regarding the fact he does not have to file taxes along with the IRS Publications supporting the reason why, we've also attached both benefits letters from SSD and the Veteran's Affairs showing his monthly income, proof of deposits, and his Social Security 1099 form.

Are we potentially safe from checklists after providing all of this information supporting why the income boxes show his annual benefits and he does not have to file a tax return? We DO need a Joint Sponsor and we are perfectly qualified with her income, we just want to make sure everything on our form is correct.

Thanks!!!

Looks like Veteran's disability income is not taxable, but Social security disability could be...

check out these links.

http://www.irs.gov/Help-&-Resources/Tools-&-FAQs/FAQs-for-Individuals/Frequently-Asked-Tax-Questions-&-Answers/Social-Security-Income/Regular-&-Disability-Benefits/Regular-&-Disability-Benefits

http://www.irs.gov/Individuals/Information-for-Veterans-with-Disabilities

Regardless of what's taxable and required for tax filing or not,

I believe the US Citizen petitioner still has the burden to prove that he has (taxable or not) income source that's greater than

125% of poverty guideline.

Does his total income meet or exceed that?

If not, you might need a co-sponsor.

[AnnaMaria 68]

Hi, thank you for responding. I'm not sure you understood what we were saying in our original post.

We know for a fact that neither of his benefits are taxable and this was confirmed by tax professionals and IRS Publications.

We also have a Joint Sponsor already because his benefits are not greater than 125% of the level.

Our question was - If we enter his total annual benefits on the I-864 Part 6 Individual Income and Part 6 Household annual Income, and he is not required to file tax returns, will this cause a checklist? We have all supporting documents, plus his benefits letters from his benefit providers, to prove he is not required to file taxes.

I guess long story short, should we enter $0 in the income line and then just attach the benefit letters, or will be ok entering his annual benefit in the income lines and provide supporting documentation as to why there is no tax return.