I-864

[tuesdaysgone 0]

My partner is currently completing the affidavit of support form and we have a few questions.

Recently she lost her job due to the recession so she is now working in a relatively low paid job. We do not believe this amount is equal or greater than the poverty threshold.

She receives social security disability check and secondly another check for her daughter which amount is half that of the main check. My question is, these checks combined, can they be used to prove income?

[Anh map 2,098]

If it counts as income on a tax return then it will count towards the I-864 as well.

[elkfarmer 4]

I believe this is called SSI. I think if you read the fine print on the I-864, this is considered welfare, or something like it. Be very careful in listing that as income. It could be a problem for the petitioner and a quick refusal. Check it out first.

[tuesdaysgone 0]

Yes it is SSI. She has been receiving this for a few years, its not on her tax return forms, however she receives a form each year to show how much she receives and how much of it has already been taxed. We don't have the papers at hand now but she thinks that the taxes are already deducted when she receives the check.

Also under the poverty threshold table, who does the sponsor's household size include, is it my partner, her daughter and myself, or is it just my partner and daughter?

Tomorrow she will be filing her taxes, if the people who arrange the returns say the ssi is taxable, is it ok?

[tuesdaysgone 0]

After further reading SSI is not accepted as its means tested. However we dont know for sure if it is ssi. SSI and social security disability are two different types of benefits commonly confused.

[tuesdaysgone 0]

I have now found about by H&R block that my partner receives disability benefits and not ssi like we first thought. These benefits are subject to tax, therefore does it count towards income?

Secondly I have just obtained a part time job on campus which I am eligible to work under the f1 visa. Does my income also count towards the i-864?

[Shelly&Jay 0]

I'm not sure what the answer is for disability or SSI, but I do know you can use your income since it is part of the household income. Is there anything your partner can use as assets?

Good luck,

Shelly

[tuesdaysgone 0]

Thanks, yes in terms of assets we have 2 cars, the one with the most value will be used in this case. I have not had a proper look at the i-864, but can you tell me do we each need to fill it out or just my US spouse.

We just found out, the disability benefit does not count as income in our case, as she makes too little at work for the disability benefit to count as taxable.

[tuesdaysgone 0]

Also does my bank balance count towards this?

[Shelly&Jay 0]

Here's the form:

http://www.uscis.gov/files/form/I-864.pdf

Look at pages 16 to the end. Your bank account does count. You only fill out one form, your partner the sponsor, fills it out. You can put your info on it to meet the requirements.

S:)

[Anh map 2,098]

Bank balance counts toward the asset portion of the calculation. It's a 3 to 1 ratio, not dollar for dollar. 300 = 100 toward required amount. The I-864 Instructions will take you through the asset conversion steps.