I-134 and disability

[james1970 0]

Hi, I just received NOA 2 last week, now I am stressing over the I-134. I thought I would have more time to prepare all this..lol, we received our approval in 70 days, I was surprised to see it in the mail and see approved. I thought maybe the letter was requesting more information. Anyway, I'm so happy to have step one behind us, now I have several questions since my situation isn't simple.

I am in a wheelchair and have been disabeled for 20 years. I still live with my parents for now. I was thinking I will need my parents as co-sponsors, but I'm not sure now.

Last year, on my tax return, I earned $18,707 from social security, for disability. But that doesnt show up as total income on the tax return on line 22 and 37. I show negative income because of a $3000.00 loss being carried over from previous years. (loss is from the sale of stock many years ago, you can only claim $3000 a year). So, my tax return shows a loss of $2855 for my adjusted gross income because the Social security isn't added in to my total income. I also have some land, that I need to get appriased, many years ago it was appriased at $150,000 and then in December of 2008 it was appraised at $175,000. Do I need it appraised again? I have a mortgage on the land of $113,000.

What are my best options?

About my parents, both are retired and collecting social security retirement. I guess both of them would need to co sponsor me if I use their income. If we did that, how do they fill out their I-134...do they put Mr. & Mrs. McCarter on the name and use both of their income? Or should each parent fill out an I-134.

Thanks for any help, I'm so excited to be so close, but will be glad to get this I-134 part over with. What are my best options, can I sponsor my finacee by myself, or should I get a co-sponsor? BTW, I am in the process of trying to get a job now doing some type of office work so I can show income and stability. I worked for H&R Block doing taxes this past winter, but thats no on last years tax return.

Thanks again.

James McCarter

[pushbrk 12,979]

Hi, I just received NOA 2 last week, now I am stressing over the I-134. I thought I would have more time to prepare all this..lol, we received our approval in 70 days, I was surprised to see it in the mail and see approved. I thought maybe the letter was requesting more information. Anyway, I'm so happy to have step one behind us, now I have several questions since my situation isn't simple.

I am in a wheelchair and have been disabeled for 20 years. I still live with my parents for now. I was thinking I will need my parents as co-sponsors, but I'm not sure now.

Last year, on my tax return, I earned $18,707 from social security, for disability. But that doesnt show up as total income on the tax return on line 22 and 37. I show negative income because of a $3000.00 loss being carried over from previous years. (loss is from the sale of stock many years ago, you can only claim $3000 a year). So, my tax return shows a loss of $2855 for my adjusted gross income because the Social security isn't added in to my total income. I also have some land, that I need to get appriased, many years ago it was appriased at $150,000 and then in December of 2008 it was appraised at $175,000. Do I need it appraised again? I have a mortgage on the land of $113,000.

What are my best options?

About my parents, both are retired and collecting social security retirement. I guess both of them would need to co sponsor me if I use their income. If we did that, how do they fill out their I-134...do they put Mr. & Mrs. McCarter on the name and use both of their income? Or should each parent fill out an I-134.

Thanks for any help, I'm so excited to be so close, but will be glad to get this I-134 part over with. What are my best options, can I sponsor my finacee by myself, or should I get a co-sponsor? BTW, I am in the process of trying to get a job now doing some type of office work so I can show income and stability. I worked for H&R Block doing taxes this past winter, but thats no on last years tax return.

Thanks again.

James McCarter

A parent, not "parents" can co-sponsor but for a K1 through Manila co-sponsors are not always accepted. Your best bet is to skip the tax return and state your income and assets on the I-134 as you've stated them above. The December 2008 appraisal will be fine. Just provide it along with a mortgage statement. Tax returns are a best practice when they help, not when they don't. When it comes to the I-864 later, do the same thing but do provide at least the one required tax return.

[Gary and Alla 3,694]

Hi, I just received NOA 2 last week, now I am stressing over the I-134. I thought I would have more time to prepare all this..lol, we received our approval in 70 days, I was surprised to see it in the mail and see approved. I thought maybe the letter was requesting more information. Anyway, I'm so happy to have step one behind us, now I have several questions since my situation isn't simple.

I am in a wheelchair and have been disabeled for 20 years. I still live with my parents for now. I was thinking I will need my parents as co-sponsors, but I'm not sure now.

Last year, on my tax return, I earned $18,707 from social security, for disability. But that doesnt show up as total income on the tax return on line 22 and 37. I show negative income because of a $3000.00 loss being carried over from previous years. (loss is from the sale of stock many years ago, you can only claim $3000 a year). So, my tax return shows a loss of $2855 for my adjusted gross income because the Social security isn't added in to my total income. I also have some land, that I need to get appriased, many years ago it was appriased at $150,000 and then in December of 2008 it was appraised at $175,000. Do I need it appraised again? I have a mortgage on the land of $113,000.

What are my best options?

About my parents, both are retired and collecting social security retirement. I guess both of them would need to co sponsor me if I use their income. If we did that, how do they fill out their I-134...do they put Mr. & Mrs. McCarter on the name and use both of their income? Or should each parent fill out an I-134.

Thanks for any help, I'm so excited to be so close, but will be glad to get this I-134 part over with. What are my best options, can I sponsor my finacee by myself, or should I get a co-sponsor? BTW, I am in the process of trying to get a job now doing some type of office work so I can show income and stability. I worked for H&R Block doing taxes this past winter, but thats no on last years tax return.

Thanks again.

James McCarter

James

OK, do not worry. First, disabilty income IS income and is counted for the purposes of the I-134. It is common for people to say (me included) "line 22 of the tax return", but this is not correct in all cases.

Non-taxable income which does not appear on a tax return also counts. This income you have, child support, military combat pay, workman's comp, and tax free income from government bonds are examples.

For the I-134 you should state you income INCLUDING the disability income. State the source(s) of income, including disability AND the H&R Block job in your current (this year) income. Attach your award letter from the SSA and check stubs from SSA and H&R Block to verify this. Attach a letter explaining your "loss" for 2008 and that it was a carryover and not a real loss, AND atatch documentation of unclaimed income from last year, a SS statemnt or check stubs. Your current income is $18,700 PLUS your H&R Block income, PLUS anything else you may have. As long as it is all verifiable you are above the guidelines for two people already.Your only problem is that your verification is a little more complicated than most people with a single, regular job, but it is not a problem, per se. A little more copying for you, that's all.

If you want to include assets, you would attach a recent mortgage statement to show balance due, and an appraisal of the property to establish net value. You can get a free appraisal from your county tax assesor's office but these are not always up to date, but it is free, so check it. If you feel it does not do you justice, then you need a professional appraisal, which is going to cost you, unless you know an appraiser that will do a freebie for you. The NET value of your property will be considered at 1/3 for "income purposes" $30,000 in net assets = $10,000 in income calculation. If you are borderline then I woul dsuggest using the assets OR having a co-sponsor, but the co-sponsor will have to exceed the guidelines also.

[james1970 0]

Thank you for the replies and help. Just a follow up question to make sure I am on the right track.

Should I use last years tax return that shows negative income in the gross income line? Or should I just make copies of my bank statements showing my disability income being direct deposited in there, and show the H&R Block income from earlier this year. So basically, just show this years income. Of course I have the 1099G showing all of last years SSA as well.

Then, to be safe, I will make a copy of my mortgage statement and a copy of the appraisel for the land. I also have life insurance in the amount of $50,000, but took out a loan of $8000 on it, so it has a net value of $42,000. Should I just list the net value of my insurance?

Lastly, should I request the bank make a printout of all my deposits for this year? Should I have H&R Block write a letter about working for them earlier this year, even though I'm not sure I will be able to work there next year for various reasons. Do I need to have any information notorized, or have then bank verify it somehow?

Thanks again and sorry if I ask too much, I just want to make sure I do everything right. I want to get that approval and start a new chapter in my life. I'm starting to feel better, now I just have to get this all togther.

Thank you!

James

Hi, I just received NOA 2 last week, now I am stressing over the I-134. I thought I would have more time to prepare all this..lol, we received our approval in 70 days, I was surprised to see it in the mail and see approved. I thought maybe the letter was requesting more information. Anyway, I'm so happy to have step one behind us, now I have several questions since my situation isn't simple.

I am in a wheelchair and have been disabeled for 20 years. I still live with my parents for now. I was thinking I will need my parents as co-sponsors, but I'm not sure now.

Last year, on my tax return, I earned $18,707 from social security, for disability. But that doesnt show up as total income on the tax return on line 22 and 37. I show negative income because of a $3000.00 loss being carried over from previous years. (loss is from the sale of stock many years ago, you can only claim $3000 a year). So, my tax return shows a loss of $2855 for my adjusted gross income because the Social security isn't added in to my total income. I also have some land, that I need to get appriased, many years ago it was appriased at $150,000 and then in December of 2008 it was appraised at $175,000. Do I need it appraised again? I have a mortgage on the land of $113,000.

What are my best options?

About my parents, both are retired and collecting social security retirement. I guess both of them would need to co sponsor me if I use their income. If we did that, how do they fill out their I-134...do they put Mr. & Mrs. McCarter on the name and use both of their income? Or should each parent fill out an I-134.

Thanks for any help, I'm so excited to be so close, but will be glad to get this I-134 part over with. What are my best options, can I sponsor my finacee by myself, or should I get a co-sponsor? BTW, I am in the process of trying to get a job now doing some type of office work so I can show income and stability. I worked for H&R Block doing taxes this past winter, but thats no on last years tax return.

Thanks again.

James McCarter

James

OK, do not worry. First, disabilty income IS income and is counted for the purposes of the I-134. It is common for people to say (me included) "line 22 of the tax return", but this is not correct in all cases.

Non-taxable income which does not appear on a tax return also counts. This income you have, child support, military combat pay, workman's comp, and tax free income from government bonds are examples.

For the I-134 you should state you income INCLUDING the disability income. State the source(s) of income, including disability AND the H&R Block job in your current (this year) income. Attach your award letter from the SSA and check stubs from SSA and H&R Block to verify this. Attach a letter explaining your "loss" for 2008 and that it was a carryover and not a real loss, AND atatch documentation of unclaimed income from last year, a SS statemnt or check stubs. Your current income is $18,700 PLUS your H&R Block income, PLUS anything else you may have. As long as it is all verifiable you are above the guidelines for two people already.Your only problem is that your verification is a little more complicated than most people with a single, regular job, but it is not a problem, per se. A little more copying for you, that's all.

If you want to include assets, you would attach a recent mortgage statement to show balance due, and an appraisal of the property to establish net value. You can get a free appraisal from your county tax assesor's office but these are not always up to date, but it is free, so check it. If you feel it does not do you justice, then you need a professional appraisal, which is going to cost you, unless you know an appraiser that will do a freebie for you. The NET value of your property will be considered at 1/3 for "income purposes" $30,000 in net assets = $10,000 in income calculation. If you are borderline then I woul dsuggest using the assets OR having a co-sponsor, but the co-sponsor will have to exceed the guidelines also.

[Gary and Alla 3,694]

Yes James, you need to give them last year's tax return, but do not worry about the negative. You had most of your income not shwn on a tax return, so just attach some evidence of that income from last year. Attach a letter of explanation. Last year's income is not as important as current income anyway. Attach the 1099G from last year, of course.

For this year, state your cureent income which is your disability PLUS you H&R income. If your disability is $18,700 per year then state that as your current annual income (plus the amount you made at H&R) Attach supporting documents, check stubs, deposits etc. Yes a bank letter or copies of bank statements would be in order for you. Your letter of explanation, basically a cover letter, should describe all your attachments and supporting documents. Remember, whoever looks at this does not know you and needs to make a judgement based on what you give them. You need to make it clear. It appears you have plenty of income and assets, you just need to make it clear as it is not the "normal" situation.

The appraisal you have will be fine, as Pushbrk mentions. Likewise the life insurance IF it has a cash value of $50,000, only you know that. A statement from the policy or letter from your agent should do to support that, Your assets alone, if as you describe, are about enough to qualify you. It is just a little more involved than the usual case, but you should be fine.

Thank you for the replies and help. Just a follow up question to make sure I am on the right track.

Should I use last years tax return that shows negative income in the gross income line? Or should I just make copies of my bank statements showing my disability income being direct deposited in there, and show the H&R Block income from earlier this year. So basically, just show this years income. Of course I have the 1099G showing all of last years SSA as well.

Then, to be safe, I will make a copy of my mortgage statement and a copy of the appraisel for the land. I also have life insurance in the amount of $50,000, but took out a loan of $8000 on it, so it has a net value of $42,000. Should I just list the net value of my insurance?

Lastly, should I request the bank make a printout of all my deposits for this year? Should I have H&R Block write a letter about working for them earlier this year, even though I'm not sure I will be able to work there next year for various reasons. Do I need to have any information notorized, or have then bank verify it somehow?

Thanks again and sorry if I ask too much, I just want to make sure I do everything right. I want to get that approval and start a new chapter in my life. I'm starting to feel better, now I just have to get this all togther.

Thank you!

James

Hi, I just received NOA 2 last week, now I am stressing over the I-134. I thought I would have more time to prepare all this..lol, we received our approval in 70 days, I was surprised to see it in the mail and see approved. I thought maybe the letter was requesting more information. Anyway, I'm so happy to have step one behind us, now I have several questions since my situation isn't simple.

I am in a wheelchair and have been disabeled for 20 years. I still live with my parents for now. I was thinking I will need my parents as co-sponsors, but I'm not sure now.

Last year, on my tax return, I earned $18,707 from social security, for disability. But that doesnt show up as total income on the tax return on line 22 and 37. I show negative income because of a $3000.00 loss being carried over from previous years. (loss is from the sale of stock many years ago, you can only claim $3000 a year). So, my tax return shows a loss of $2855 for my adjusted gross income because the Social security isn't added in to my total income. I also have some land, that I need to get appriased, many years ago it was appriased at $150,000 and then in December of 2008 it was appraised at $175,000. Do I need it appraised again? I have a mortgage on the land of $113,000.

What are my best options?

About my parents, both are retired and collecting social security retirement. I guess both of them would need to co sponsor me if I use their income. If we did that, how do they fill out their I-134...do they put Mr. & Mrs. McCarter on the name and use both of their income? Or should each parent fill out an I-134.

Thanks for any help, I'm so excited to be so close, but will be glad to get this I-134 part over with. What are my best options, can I sponsor my finacee by myself, or should I get a co-sponsor? BTW, I am in the process of trying to get a job now doing some type of office work so I can show income and stability. I worked for H&R Block doing taxes this past winter, but thats no on last years tax return.

Thanks again.

James McCarter

James

OK, do not worry. First, disabilty income IS income and is counted for the purposes of the I-134. It is common for people to say (me included) "line 22 of the tax return", but this is not correct in all cases.

Non-taxable income which does not appear on a tax return also counts. This income you have, child support, military combat pay, workman's comp, and tax free income from government bonds are examples.

For the I-134 you should state you income INCLUDING the disability income. State the source(s) of income, including disability AND the H&R Block job in your current (this year) income. Attach your award letter from the SSA and check stubs from SSA and H&R Block to verify this. Attach a letter explaining your "loss" for 2008 and that it was a carryover and not a real loss, AND atatch documentation of unclaimed income from last year, a SS statemnt or check stubs. Your current income is $18,700 PLUS your H&R Block income, PLUS anything else you may have. As long as it is all verifiable you are above the guidelines for two people already.Your only problem is that your verification is a little more complicated than most people with a single, regular job, but it is not a problem, per se. A little more copying for you, that's all.

If you want to include assets, you would attach a recent mortgage statement to show balance due, and an appraisal of the property to establish net value. You can get a free appraisal from your county tax assesor's office but these are not always up to date, but it is free, so check it. If you feel it does not do you justice, then you need a professional appraisal, which is going to cost you, unless you know an appraiser that will do a freebie for you. The NET value of your property will be considered at 1/3 for "income purposes" $30,000 in net assets = $10,000 in income calculation. If you are borderline then I woul dsuggest using the assets OR having a co-sponsor, but the co-sponsor will have to exceed the guidelines also.

[pushbrk 12,979]

Yes James, you need to give them last year's tax return, but do not worry about the negative.

It's an I-134 and he's not self-employed so no tax return is required. I would skip the tax return, since it won't help. State the income and assets and show evidence of both.

[Gary and Alla 3,694]

Yes James, you need to give them last year's tax return, but do not worry about the negative.

It's an I-134 and he's not self-employed so no tax return is required. I would skip the tax return, since it won't help. State the income and assets and show evidence of both.

You are correct Pushbrk, if the consulate allows for that. Do you know if Manilla will allow him not to present last year's tax return?

[pushbrk 12,979]

Yes James, you need to give them last year's tax return, but do not worry about the negative.

It's an I-134 and he's not self-employed so no tax return is required. I would skip the tax return, since it won't help. State the income and assets and show evidence of both.

You are correct Pushbrk, if the consulate allows for that. Do you know if Manilla will allow him not to present last year's tax return?

Sure. They want proof of income. He'll have that with proof of income that doesn't go on a tax return to begin with.

[james1970 0]

Thank you Gary and Thank you Pushbrk! I feel better, now all I have to do is put it all together. Both of you have helped me so much and I really do appreciate it.

James

Yes James, you need to give them last year's tax return, but do not worry about the negative.

It's an I-134 and he's not self-employed so no tax return is required. I would skip the tax return, since it won't help. State the income and assets and show evidence of both.

You are correct Pushbrk, if the consulate allows for that. Do you know if Manilla will allow him not to present last year's tax return?

Sure. They want proof of income. He'll have that with proof of income that doesn't go on a tax return to begin with.

[james1970 0]

Hi

I have a couple more follow up questions. Ok, now that I am getting everything together, I looked at my 1099G from last years tax return and it shows $18,706.80 as my net benefits for 2008 in box 5. Box 3 shows $18,706.80 as net benefits as well, but it has an asterisk there. Down below, it shows that I was paid by direct deposit or check, $17,550.00. right below that it shows medicare premiums deducted from your benefits as being $1156.80. Then it shows total benefits for 2008 as $18,706.80.

One other thing, for the asterisk, it shows at the bottom of the page that $2010.00 paid in 2008 for other tax years.

Now, on to my current situation. The letter I received from social security at the begining of the year shos that my new monthy amount will be $1472.40. Then on the nex line it shows that they will deduct $96.40 each month for medicare insurance. So they will deposit $1376.00 into my account each month.

Do I use the $1472.40 figure as my total disability income or the $1376.00 figure? If I use the $1472.40 then my yearly benefits will be $17668.80 for this year. If I use the $1376.00 figure my total benefits will be $16,512.00 for this year.

Now, I am showing that H&R Block paid me $1959.10 for this year (2009). So if I add that to even the lowest total from above, the $16,512.00 that gives me $18,471.10 for this years income.

On top of this, I do have the land as an assest with a net value over my mortgage of $62,000 and a $50,000 life insurance policy.

Am I still ok? I think so, but I want to be sure and I would like to know which figures to put as my total income.

Also, for question number 7, what should I list as employment? Disability? I only worked for H&R block for those few months and I may work there again next year, I'm not sure yet.

For stocks and bonds, I do have about $8000.00 in investments in stocks, is my monthly broker statement enough as proof?

Thanks again for any help, I think I am about ready to finish this up, I just want to make sure I am doing everything right. I don't want to leave any stone unturned.

James

Thank you Gary and Thank you Pushbrk! I feel better, now all I have to do is put it all together. Both of you have helped me so much and I really do appreciate it.

James

Yes James, you need to give them last year's tax return, but do not worry about the negative.

It's an I-134 and he's not self-employed so no tax return is required. I would skip the tax return, since it won't help. State the income and assets and show evidence of both.

You are correct Pushbrk, if the consulate allows for that. Do you know if Manilla will allow him not to present last year's tax return?

Sure. They want proof of income. He'll have that with proof of income that doesn't go on a tax return to begin with.

[Gary and Alla 3,694]

You are fine. My check stubs show XXX amount GROSS and XXX amount net, after taxes, including medicare. GROSS income is used for the calculation of meeting the pverty guidelines. These check stubs show your "withholding" just like everyone else, except there is no witholding for income tax.

Your CURRENT income, which you should report on the I-134 is $1472 x 12. PLUS any other sources of income or any incoem you have had so far this year, such as your H&R job.

Your situation is unchanged from what I previously answered.

Good luck.

Hi

I have a couple more follow up questions. Ok, now that I am getting everything together, I looked at my 1099G from last years tax return and it shows $18,706.80 as my net benefits for 2008 in box 5. Box 3 shows $18,706.80 as net benefits as well, but it has an asterisk there. Down below, it shows that I was paid by direct deposit or check, $17,550.00. right below that it shows medicare premiums deducted from your benefits as being $1156.80. Then it shows total benefits for 2008 as $18,706.80.

One other thing, for the asterisk, it shows at the bottom of the page that $2010.00 paid in 2008 for other tax years.

Now, on to my current situation. The letter I received from social security at the begining of the year shos that my new monthy amount will be $1472.40. Then on the nex line it shows that they will deduct $96.40 each month for medicare insurance. So they will deposit $1376.00 into my account each month.

Do I use the $1472.40 figure as my total disability income or the $1376.00 figure? If I use the $1472.40 then my yearly benefits will be $17668.80 for this year. If I use the $1376.00 figure my total benefits will be $16,512.00 for this year.

Now, I am showing that H&R Block paid me $1959.10 for this year (2009). So if I add that to even the lowest total from above, the $16,512.00 that gives me $18,471.10 for this years income.

On top of this, I do have the land as an assest with a net value over my mortgage of $62,000 and a $50,000 life insurance policy.

Am I still ok? I think so, but I want to be sure and I would like to know which figures to put as my total income.

Also, for question number 7, what should I list as employment? Disability? I only worked for H&R block for those few months and I may work there again next year, I'm not sure yet.

For stocks and bonds, I do have about $8000.00 in investments in stocks, is my monthly broker statement enough as proof?

Thanks again for any help, I think I am about ready to finish this up, I just want to make sure I am doing everything right. I don't want to leave any stone unturned.

James

Thank you Gary and Thank you Pushbrk! I feel better, now all I have to do is put it all together. Both of you have helped me so much and I really do appreciate it.

James

Yes James, you need to give them last year's tax return, but do not worry about the negative.

It's an I-134 and he's not self-employed so no tax return is required. I would skip the tax return, since it won't help. State the income and assets and show evidence of both.

You are correct Pushbrk, if the consulate allows for that. Do you know if Manilla will allow him not to present last year's tax return?

Sure. They want proof of income. He'll have that with proof of income that doesn't go on a tax return to begin with.

[thepizzadude 26]

I agree with Gary and Alla, you should be fine with what you have the assets will cover anything they may think is a shortfall in your income.

[Dakine 26]

I may have missed it but your mortgage payment will come into play also.

[Gary and Alla 3,694]

I may have missed it but your mortgage payment will come into play also.

Payment no. If he uses his assets (land) to qualify, they will deduct the balance owed from the appraised value to get the net value to be used for assets. They do not care what he pays every month. Expenses and bills are not part of the process for determining if one is eligible. If you have $3000 per month in income and $3500 in bills...you qualify!

[navyswife 0]

Yes James, you need to give them last year's tax return, but do not worry about the negative. You had most of your income not shwn on a tax return, so just attach some evidence of that income from last year. Attach a letter of explanation. Last year's income is not as important as current income anyway. Attach the 1099G from last year, of course.

For this year, state your cureent income which is your disability PLUS you H&R income. If your disability is $18,700 per year then state that as your current annual income (plus the amount you made at H&R) Attach supporting documents, check stubs, deposits etc. Yes a bank letter or copies of bank statements would be in order for you. Your letter of explanation, basically a cover letter, should describe all your attachments and supporting documents. Remember, whoever looks at this does not know you and needs to make a judgement based on what you give them. You need to make it clear. It appears you have plenty of income and assets, you just need to make it clear as it is not the "normal" situation.

The appraisal you have will be fine, as Pushbrk mentions. Likewise the life insurance IF it has a cash value of $50,000, only you know that. A statement from the policy or letter from your agent should do to support that, Your assets alone, if as you describe, are about enough to qualify you. It is just a little more involved than the usual case, but you should be fine.

Hi Gary and Alla! Correct if i misunderstood it...Do u mean my USC husband can use his life insurance worth $50,000 IF it has a cash value? How can he do that and what does it means by it has a cash value? My USC husband is also disabled. What if he doesnt have the 2006,2007 SSA-1099-SM-F and misplaced it when he moved house to here in the philippines? anymore.Can he still request a SSA-1099-SM-F and how? Thanks in advance...