Non-taxable income in form I-864

[dpkiran 0]

Hi,

I am filing for an AOS in the next coming week. I have a question regarding the form i-864 in which my wife is the sponsor for my petition, however she has had non-taxable income last year which was partly due to her GI bill and disability. She has also had work-study income from the VA which is non-taxable in itself. She is currently working as an intern at the VA and also gets her disability benefits, both of which are non-taxable. How do I proceed in such a case? I have a H1-B and I work full-time and my income is more than sufficient to meet the guidelines. Can I use my income to supplement her income on the form or do I have to file a form I-864A?

I see a column in part 6, section 24 which says " The person listed in 6a,7a,8a or 9a does not need to complete form I-864A because he/she is the intending immigrant and has no accompanying dependents". Can I use this and not file I-864A? Also if I file assets, is it required to show proof of those as well?

Thank you in advance.

[Ian H. 207]

Yes, as long as the income will continue to be the same and from the same source, meaning from your job, after you are granted AOS, you are able to use your own income. Since you are the spouse and have no other dependents adjusting with you, you don't need to file a I864A. So yes, you would select the option that you mentioned above.

Assets are only required if you don't meet the income requirement. If you have enough income between you and your spouse, the assets are optional.

By the way, your spouse's income can be counted as long as they are not "means tested" public benefits. If the disability benefits aren't means tested (SSI for example) it can be included. Also work study isn't considered a "means tested" benefit for affidavit of support purposes.

[KayDeeCee 4,893]

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

[Loving_girl 38]

Hi,

I am filing for an AOS in the next coming week. I have a question regarding the form i-864 in which my wife is the sponsor for my petition, however she has had non-taxable income last year which was partly due to her GI bill and disability. She has also had work-study income from the VA which is non-taxable in itself. She is currently working as an intern at the VA and also gets her disability benefits, both of which are non-taxable. How do I proceed in such a case? I have a H1-B and I work full-time and my income is more than sufficient to meet the guidelines. Can I use my income to supplement her income on the form or do I have to file a form I-864A?

I see a column in part 6, section 24 which says " The person listed in 6a,7a,8a or 9a does not need to complete form I-864A because he/she is the intending immigrant and has no accompanying dependents". Can I use this and not file I-864A? Also if I file assets, is it required to show proof of those as well?

Thank you in advance.

hi, my husband is also non-taxable income and VA connected, maybe you will find interesting info in my other thread, so you will be aware what may happen when you file them VA pay-stubs and explanations: http://www.visajourney.com/forums/topic/501257-rfe-during-aos-advice/

Best advice, add them bank statements at least for 6 months, cos after we sent all income docs they came up with stupid RFE stating we do not have enough income....so better pack it all with ur AOS, especially VA docs, cos seems like guys at USCIS have zero clue as for what is taxed, what is VA payments etc...

[dpkiran 0]

Yes, as long as the income will continue to be the same and from the same source, meaning from your job, after you are granted AOS, you are able to use your own income. Since you are the spouse and have no other dependents adjusting with you, you don't need to file a I864A. So yes, you would select the option that you mentioned above.

Assets are only required if you don't meet the income requirement. If you have enough income between you and your spouse, the assets are optional.

By the way, your spouse's income can be counted as long as they are not "means tested" public benefits. If the disability benefits aren't means tested (SSI for example) it can be included. Also work study isn't considered a "means tested" benefit for affidavit of support purposes.

Thank you so much for your information Ian, yes my income will continue from the same source after I am granted an AOS and I will be able to use my own income. it would be great. Between our spouse and me we exceed the guidelines for the Federal Poverty level. My wife's income is not counted as "means tested", not SSI they're from VA

[dpkiran 0]

hi, my husband is also non-taxable income and VA connected, maybe you will find interesting info in my other thread, so you will be aware what may happen when you file them VA pay-stubs and explanations: http://www.visajourney.com/forums/topic/501257-rfe-during-aos-advice/

Best advice, add them bank statements at least for 6 months, cos after we sent all income docs they came up with stupid RFE stating we do not have enough income....so better pack it all with ur AOS, especially VA docs, cos seems like guys at USCIS have zero clue as for what is taxed, what is VA payments etc...

Thank you for your information loving_girl, it has helped me with my status too. We are planning to add a VA statement and explanation as to why she doesn't have taxable income and I am going to add my income to I-864 to raise it. Fingers crossed to see what happens

[Ian H. 207]

Yes, you're welcome. Just make sure that since the income is nontaxable, that you send current stubs/letters/statements to prove the income.

[Loving_girl 38]

Thank you for your information loving_girl, it has helped me with my status too. We are planning to add a VA statement and explanation as to why she doesn't have taxable income and I am going to add my income to I-864 to raise it. Fingers crossed to see what happens

you are welcome, and still beside your explanation (which we had too, and obviously they were not reading it) i DO recommend add bank statements for 6 monts recent.......cos beside all the info, pay-stubs, and papers we sent them, they sent us RFE asking for bank statements......... so learn on my experience and add bank stats...... good luck! hope ur process will go smoother than mine!

[dpkiran 0]

Yes, you're welcome. Just make sure that since the income is nontaxable, that you send current stubs/letters/statements to prove the income.

Hi Ian,

I have another question, should I submit my tax returns for last year and my paystubs for review along with form I-864 since I am going to add my income to the total?

[Ian H. 207]

Yes you have to submit them if you will be using your income.

Hi Ian,

I have another question, should I submit my tax returns for last year and my paystubs for review along with form I-864 since I am going to add my income to the total?

[KayDeeCee 4,893]

Hi Ian,

I have another question, should I submit my tax returns for last year and my paystubs for review along with form I-864 since I am going to add my income to the total?

Yes, you need to provide your most recent tax transcript and proof of your current income. You also need to provide proof that the income will continue from the same source once you become a permanent resident.

[dpkiran 0]

Yes, you need to provide your most recent tax transcript and proof of your current income. You also need to provide proof that the income will continue from the same source once you become a permanent resident.

I think I will be able to do so, because my work permit was filed last year and approved by the same company I am working for right now. Do I need some sort of letter to say that my job is until so much time or something?

[Ian H. 207]

If your job is dependent on your current work visa, once you file for AOS and you submit a new EAD application with it, your EAD will based on that AOS application from then on. Therefore, your job can still keep you based on your new EAD. Once you become an LPR, they can keep you indefinitely since your job won't be dependent on a visa anymore. If your job is temporary, regardless of the visa, then you wouldn't be able to use that income because if it won't continue to be the same, they won't accept it.

I think I will be able to do so, because my work permit was filed last year and approved by the same company I am working for right now. Do I need some sort of letter to say that my job is until so much time or something?

So as long as the job would be permanent when you become an LPR, all you would need is a letter of employment/paystubs/w2.

[dpkiran 0]

If your job is dependent on your current work visa, once you file for AOS and you submit a new EAD application with it, your EAD will based on that AOS application from then on. Therefore, your job can still keep you based on your new EAD. Once you become an LPR, they can keep you indefinitely since your job won't be dependent on a visa anymore. If your job is temporary, regardless of the visa, then you wouldn't be able to use that income because if it won't continue to be the same, they won't accept it.

So as long as the job would be permanent when you become an LPR, all you would need is a letter of employment/paystubs/w2.

Yes Ian, I have filed an I-765 along with this application. I'm filing a concurrent application, these are the following USCIS forms so which I am filing so far

1. I-130

2. I-485

3. I-693

4. I-864

5. I-131

6. I-765

7.G-1145

Documents

1. birth certificate of both

2. Marriage certificate

3. 10 photos of us together along with passport pics

4. paystubs, w2 and employment letter

5. lease agreement

6. Explanation letter as to why my wife does not have income which is taxable along with proof from VA

7. I-797A copy (mine)

[KayDeeCee 4,893]

Yes Ian, I have filed an I-765 along with this application. I'm filing a concurrent application, these are the following USCIS forms so which I am filing so far

1. I-130

2. I-485

3. I-693

4. I-864

5. I-131

6. I-765

7.G-1145

Documents

1. birth certificate of both

2. Marriage certificate

3. 10 photos of us together along with passport pics

4. paystubs, w2 and employment letter

5. lease agreement

6. Explanation letter as to why my wife does not have income which is taxable along with proof from VA

7. I-797A copy (mine)

Don't just send your W-2 alone. Send your most recent tax transcript, free from the IRS, or a complete copy of your most recent tax return, which is all forms, schedules, attachments, W-2s and/or 1099s. Proof that the income will continue from the same source is a separate requirement from proof of current income. Get your employer to write in their letter that your job is a permanent position and will continue after you become a permanent resident.

Your wife needs most recent tax transcript too. If you filed jointly in 2013, then you can just provide the one joint return transcript, and in that case add in your W-2 to show your individual income. If she did not file taxes, then she needs a statement explaining why she was not legally required to file.