Question/s about AOS

[eillora 0]

Hello everyone. Newbie here at VJ forums.

A little background first. I am recently engaged and is to be married here in the Philippines to a US citizen. We were discussing future plans of settling in the USA and I stumbled upon this website to guide me through the process. My fiancee has not ever filed any Federal Income Tax Returns. He is currently renting a place and getting Supplemental Security Income (SSI) as his only source of living along with his Health Insurance and Food Stamps. He earned his SSI by means of filing disability. He is currently receiving a little over 700 USD every month, and recently has filed for Housing Support as well, but has not been approved yet.

Having said that all of his source of living is under Means-Tested Public Benefits;

Here are my questions:

1. Will our only option be is to have a joint sponsor? Does the joint sponsor have to be a relative? What would be the requirements for one to be able to be a joint sponsor?

2. The form that the joint sponsor would fill up is I-864 and not I-864A, correct?

3. How will my fiancee present his sponsorship/AOS when he has not filed any Federal Income Tax Returns?

Thank you very much.

[Filipinawife0210 15]

Hello everyone. Newbie here at VJ forums.

A little background first. I am recently engaged and is to be married here in the Philippines to a US citizen. We were discussing future plans of settling in the USA and I stumbled upon this website to guide me through the process. My fiancee has not ever filed any Federal Income Tax Returns. He is currently renting a place and getting Supplemental Security Income (SSI) as his only source of living along with his Health Insurance and Food Stamps. He earned his SSI by means of filing disability. He is currently receiving a little over 700 USD every month, and recently has filed for Housing Support as well, but has not been approved yet.

Having said that all of his source of living is under Means-Tested Public Benefits;

Here are my questions:

1. Will our only option be is to have a joint sponsor? YES Does the joint sponsor have to be a relative? NO What would be the requirements for one to be able to be a joint sponsor?Co-sponsor must meet the same requirements as the original sponsor, to include support for you and your spouse.

2. The form that the joint sponsor would fill up is I-864 and not I-864A, correct? Correct

3. How will my fiancee present his sponsorship/AOS when he has not filed any Federal Income Tax Returns? Someone with a bit more experience in this area may be able to give you a good answer..

Thank you very much.

Edited May 5, 2010 by Filipinawife0210

[eillora 0]

Thank you for your reply, Filipinawife0210.

Any takers on my third question?

[Otto 83]

Any takers on my third question?

Should your fiance have filed taxes but did not? or wasn't required to file taxes? (There may be a difference in how to respond.)

[VanessaTony 3,567]

1. Will our only option be is to have a joint sponsor? Yes

a. Does the joint sponsor have to be a relative? No

b. What would be the requirements for one to be able to be a joint sponsor? The instructions for a joint-sponsor are in the I-864 instructions

2. The form that the joint sponsor would fill up is I-864 and not I-864A, correct? Yes.

3. How will my fiancee present his sponsorship/AOS when he has not filed any Federal Income Tax Returns? He will need to provide a letter explaining why he has not filed his taxes (if he didn't have to) but if he HAD to file his taxes and simply hasn't, he will need to file before applying.

Are you going the CR-1 route? because if so it is NOT AOS, therefore if you are planning the CR-1 route (which means you marry before going to the US) then your topic title will need to be changed which only a moderator can do.

Edited May 5, 2010 by Vanessa&Tony

[Deputy Purple 1,294]

Well CR-1 is the choice for you as the trend at the Manila Embassy seems to favor young college students or recent graduates who have a promising future earning potential when there is the need for a Co-Sponsor. K Visas have the Affidavit of Support reviewed at the Embassy while CR Visas are reviewed by the National Visa Center.

Now please understand that the next part of my reply is not passing judgement in any way. I'm just making sure you understand some things that may be considered Red Flags at the Manila Embassy...

The fact that your soon to be husband is disabled and living on such a meager income may be of a lot of concern to them. It can look like one of a few things is happening:

. 1) The marriage is for your immigration benefits and he will receive payment after you get to the US and secure employment. (Both scamming USCIS)

. 2) He is sincere but you are pulling the "I Love You" Marriage Scam to get to the US and leave him once you have the 10 year Greencard. (You scamming/using him)

. 3) He is looking for someone the "take care of him" and has offered you a free ticket to the US in return for this. (Him scamming/using you)

Again, I am not saying that I think any of these is the case, just making you aware of the fact that you interview at the Embassy might be more difficult than most of the reviews you'll read here.

Good Luck with everything...

Are you going the CR-1 route? because if so it is NOT AOS, therefore if you are planning the CR-1 route (which means you marry before going to the US) then your topic title will need to be changed which only a moderator can do.

AOS = Affidavit of Support...

Thank you for your reply, Filipinawife0210.

Any takers on my third question?

Write a formal letter explaining why he was not required to file Federal Income Taxes, he should cite the exact law and provide proof if his income/source.

[eillora 0]

Should your fiance have filed taxes but did not? or wasn't required to file taxes? (There may be a difference in how to respond.)

Hello Otto und Karin.

The information that he gave me is that, he is not required to file taxes for it. I'm not really familiar on how SSI works, but upon reading the guidelines for I-864, a US citizen who receives Means-Tested Public Benefits is not disqualified to sponsor, but does not accept the benefits he is receiving as income to meet the income requirements. Thus, the option of a joint sponsor.

What I know of is that the benefits from SSI would always be deposited in his bank account, so he should have bank records for it.

If he's not required to file taxes, how would one present his AOS?

[eillora 0]

Are you going the CR-1 route? because if so it is NOT AOS, therefore if you are planning the CR-1 route (which means you marry before going to the US) then your topic title will need to be changed which only a moderator can do.

Hello. Yes, filing for CR-1 but not too soon. I was merely looking at the procedures and I have had some nagging questions of it. My apologies if I have placed this topic in the wrong forum.

[VanessaTony 3,567]

Hello. Yes, filing for CR-1 but not too soon. I was merely looking at the procedures and I have had some nagging questions of it. My apologies if I have placed this topic in the wrong forum.

No no this was my mistake. AOS has always been short for "Adjustment of Status" but a lot of people recently also seem to be using it for "Affidavit of Support" (either that or I've just been reading different forums lately).

Congrats on the upcoming wedding!

[eillora 0]

Well CR-1 is the choice for you as the trend at the Manila Embassy seems to favor young college students or recent graduates who have a promising future earning potential when there is the need for a Co-Sponsor. K Visas have the Affidavit of Support reviewed at the Embassy while CR Visas are reviewed by the National Visa Center.

Now please understand that the next part of my reply is not passing judgement in any way. I'm just making sure you understand some things that may be considered Red Flags at the Manila Embassy...

The fact that your soon to be husband is disabled and living on such a meager income may be of a lot of concern to them. It can look like one of a few things is happening:

. 1) The marriage is for your immigration benefits and he will receive payment after you get to the US and secure employment. (Both scamming USCIS)

. 2) He is sincere but you are pulling the "I Love You" Marriage Scam to get to the US and leave him once you have the 10 year Greencard. (You scamming/using him)

. 3) He is looking for someone the "take care of him" and has offered you a free ticket to the US in return for this. (Him scamming/using you)

Again, I am not saying that I think any of these is the case, just making you aware of the fact that you interview at the Embassy might be more difficult than most of the reviews you'll read here.

Good Luck with everything...

Hello Bob 4 Anna. I am no way offended of your inputs regarding my case. The fact that I have the same worries every so often. I am not recent graduate or anything. I am turning 30 this year and he is 27. I have a decent job here in the Philippines; a small corporate business established by my family, a stockholder of it, with papers to prove that I am.

My fiancee has disclosed this information of his disability only a few months back, and I have known him for more than 3 years now, time includes being friends before we started dating. Having said, I have not known his finances until a couple of months back, as well as his condition. He's not disable as seen in the naked eye. I am not comfortable to disclose what his disability is, but what he's having has prevented him from working a full time job. However, I am still willing to put up through the process simply because it will be better for him. His benefits would have to stop if he chooses to stay here, and with his condition, I may not be able to support all his medical needs and he many not even get a job when he stays here.

But I appreciate your inputs, thank you.

Edited May 5, 2010 by eillora

[Deputy Purple 1,294]

My fiancee has disclosed this information of his disability only a few months back, and I have known him for more than 3 years now, time includes being friends before we started dating. Having said, I have not known his finances until a couple of months back, as well as his condition. He's not disable as seen in the naked eye. I am not comfortable to disclose what his disability is, but what he's having has prevented him from working a full time job.

There is no need to disclose any of it here. I would advise you to be ready to talk about the "evolution of your relationship" in your interview. You know how it progressed from just friends to a deeper connection and be ready to talk about how you felt when he disclosed his disability and financial situation to you. Even if they don't ask you these things it's best to be prepared and not caught by surprise...

I would probably be a good idea for him to plan on being at the Embassy with you on the day of your interview, again just in case.

[Rob and Jill 82]

3. How will my fiancee present his sponsorship/AOS when he has not filed any Federal Income Tax Returns?

My roommate has SSI disability from having breast cancer. She does not have to file taxes every year. However, she does receive a form in the mail every year, (sorry I can't remember the number....I-90 maybe?)stating what her income was for the year. He should have received something like that, and if he didn't keep them, he should be able to call the IRS and get a copy since it is reported directly to them.

[eillora 0]

I would probably be a good idea for him to plan on being at the Embassy with you on the day of your interview, again just in case.

May I know why would this be a good idea? Will he be asked questions too?

[eillora 0]

My roommate has SSI disability from having breast cancer. She does not have to file taxes every year. However, she does receive a form in the mail every year, (sorry I can't remember the number....I-90 maybe?)stating what her income was for the year. He should have received something like that, and if he didn't keep them, he should be able to call the IRS and get a copy since it is reported directly to them.

Hi Rob and Jill. Is this SSI or SSDI? But thanks for the advice. I shall ask him of it.

[trailmix 77]

The answer to this is in the I-864 instructions, page 8:

"If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it".

So your Husband needs to write a note and indicate in the income section, on the I-864, that is attaching an explanation, something like:

I only had SSI income, which is non-taxable and therefore I was not required to file a tax return in 2007, 2008 and 2009.