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Another affidavit of support question...

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So this is my situation.  I am a 100% disabled combat veteran, I receive retirement from the military, disability from the Veterans Administration and Social Security Disability due to my Disability rating with the VA.  My total annual is around $74K .  Since the majority of my income is tax free, tax returns will show low income.  I plan on including all the award letters proving monthly income, but do any of you see issues since I will not include any employers certifications since I have not worked in 5 years?  Will documents from VA/military/SSDI suffice?  Again SSDI is due to my service connected  disability.

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I am sorry I wish I could advise you directly but sadly I do not know but...

 

Somewhere on the huge internet there is a website that lists things that they count as 'stable' income and what doesn't count.

 

I would definitely recommend doing a really good search for that list and I would also second Penguin when it comes to supplying bank statements showing the deposits into your bank. 

 

I remember reading on here before someone who provided bank statements but it didn't actually show any deposits into the account so it was the most pointless thing unless they had the amount in savings which they didn't (theirs was a case of new job and low tax return the year before) 

 

I am sorry I don't understand how the US tax system works yet so that is the reason for my next question...

 

Does any of the retirement from the military, disability from the Veterans Administration and Social Security Disability have to go through your tax return?

 

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You will be fine. I am also a 100% disabled veteran, with VA Disability, Retirement, and SSI. I used them all as income and was approved. When I did the application for my Ex in 2014, I had not worked for four years.  Just submit your taxes along with your letters of verification of income  from the VA, Retirement, and Social Security.  No Problems at all. Your are good.

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On 1/19/2017 at 9:05 AM, DarkKiss said:

You will be fine. I am also a 100% disabled veteran, with VA Disability, Retirement, and SSI. I used them all as income and was approved. When I did the application for my Ex in 2014, I had not worked for four years.  Just submit your taxes along with your letters of verification of income  from the VA, Retirement, and Social Security.  No Problems at all. Your are good.

Yes, you SHOULD be fine. The fact is that your benefits are allowed to count as income, period.

 

But I do want to warn you though, that you might have random bad luck like I did. I just want to share my story so you can prepare as best as you can.

 

My co-sponsor had only SS and VA disability income, and all of this income was tax exempt, so he didn't have to file for Tax Returns. This raised a flag because in spite of all the evidence I provided showing why he didn't have to file for taxes, they didn't believe it. I ended up getting a request for evidence on the AOS process saying that he needed to prove why he didn't have to file for taxes, and saying that he simply didn't make enough money (even though I provided more than sufficient evidence that he did).

 

I had an InfoPass appointment and talked to 3 USCIS immigration officers on the phone, and they all had different answers:

  • One said it was all fine and to just include a better letter of explanation and 12 bank statements instead of 6 to show that he gets this income.
  • Another, said that Social Security income and VA income don't count as income, period. He didn't waiver, didn't let me explain. 
  • Another said the same thing, but then I pressed, I cited USCIS documents CLEARLY stating that those specific benefits do count as income, and he ended up saying "uh... well if it says so on the document... then you must be right". Not very reassuring. 

The officers I talked to were confused, because certain means-tested benefits don't count as income, but VA disability and SS retirement aren't means-tested. The problem comes when the officer that is assigned to your case is also misinformed and acts based on those assumptions. In my case, I had already received the Request for Evidence, and I didn't want to risk this officer being as mule-headed as the one on the phone, and having him deny my application if my further evidence didn't convince him. I opted to not risk it, and I replied to the request for evidence with a different joint sponsor who saved us at the last minute. His case was straightforward and we got approved.

 

My suggestion is to add:

  • Very clear letter of explanation for why your tax returns show low income. Also, explain clearly why your benefits aren't means-tested.
  • Highlighted screenshots of the VA website that shows that your disability benefit is tax exempt, and Veterans Compensation Benefits Rate Tables that show how much you are awarded based on your % of disability and number of dependents.
  • Letter from VA stating that you are 100% disabled and entitled to the benefit.
  • Either some letter from the SS stating your benefit, or in our case we used the most recent form SSA-1099 which states how much money he got.
  • 6 (better if it's 12) monthly bank statements from your account, highlighting the deposits from the VA and SS and other steady/provable income you have.
  • USCIS Memorandum on how to adjudicate form I-864. Look for page 13, section f. Highlight the part where it says which benefits are means-tested and which ones do count.  https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives 1998-2008/2006/affsuppafm062706.pdf

 

Good luck!!

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As Penguin and Pantonia said, have the bank statements ready, send them if you think that will make you feel more secure, but as I stated, I did not need any of that stuff.  I just had my Letters of Income Verification for each year that I filed taxes.  Because the VA and Social Security send you a letter every year verifying your income from them for that particular year,  I just attached the letter for that Tax Year to my taxes.   I was fine. Hope you are as fortunate as I was and don't  have any problems with your income verification . Thank You for Your Service!!!

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