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Affidavit of Support with Workmans Compensation/Disbility

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My husband who lives in Louisiana has applied for our I-130 as well as the K-3 visa. I'm curious when it comes time to show the affidavit of financial support that he won't be able to provide sufficient proof. He was hurt as an iron worker and was bound to a wheelchair. Because he was hurt at work, he collects a worker pension from workman's compensation. He also collects from SSI for Disability.

Has anyone else had any similar situations as us?

Thanks ahead of time for any help or information.


Service Center : Texas Service Center

Consulate : Montreal, Canada

Marriage (if applicable): 2014/10/04

I-130 Sent : 2014-11-04

I-130 NOA1 : 2014-11-12

I-130 Approved : 2015-03-26

NVC Received : 2015-04-14

Received DS-261 / AOS Bill : 2015-04-23

Pay AOS Bill : 2015-04-23

Send AOS Package : 2015-05-15

Submit DS-261 : 2015-04-23

Receive IV Bill : 2015-05-01

Pay IV Bill : 2015-06-10

Send IV Package : 2015-05-15

Completed DS-260: 2015-06-11

Receive Instruction and Interview appointment letter :2015-08-27

Case Completed at NVC : 2015-07-15

Interview Date : September 24, 2015

Interview Result : Administrative Processing

Visa Received : October 15, 2015

US Entry : November 11, 2015

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Im not sure why no one has replied to thread yet.

(Assuming the income is sufficient)

You have nothing to worry about in terms of it being deemed 'acceptable' income.

As for your concerns about proof- well. That really shouldnt be concerning either... Social Security Disability is very easy to document. You can go to the website and get a statement of benefit. It shows the monthly amount. You print it right out from your computer, or go down to SS office if you want and wait in line and they can print if for you. Or every year they send you a tax form with the yearly total. Monthly or yearly statement is fine for USCIS.

The pension has to be the same way. Who is paying the pension? Is it a company? Like the company he worked for? An investment bank managing it? Somebody is cutting the check. Theres a record of it. They would be able to provide you with a statement showing you get X amount. It would say why (pension or workers comp) and for how long. (If hes not sure who to contact about getting something like that- think of it like... lets say one day he didnt get his pension check!... oh no! who would he call to complain? thats who he calls to ask for proof of his pension.)

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adding- SSI (which is what you typed) is different from Social Security Disability Insurance.(SSDI) . SSI (Supplemental Security Income- sometimes awarded to those who are disabled) can not be used for aff of support. SSDI can. So if the pension amount is not enough on its own then you will need to seek out a cosponsor or use assets to make up the difference.

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Im the petitioner.I am on workers comp.soon to be making a settlement.my father is a co sponser.our income met the requirements.my w/c is tax exempt.my father gets social security and a pension check.and we have met the requirements.

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Thanks so much for your responses,

Workmans compensation pays him his pension, not the company that he worked for at the time he got injured. It's disability that's he's on which he also gets paid from for his accident as he is disabled.

Does anyone know how much above the poverty line the income needs to be to be deemed acceptable for the affidavit of support?

I'm certain that he doesn't have to claim his incomes from workmans comp as well as disability for taxes, therefore he doesn't get tax forms that are mentioned everywhere to submit for the affidavit, with that being said - the actual statements from each place would be acceptable to submit?


Service Center : Texas Service Center

Consulate : Montreal, Canada

Marriage (if applicable): 2014/10/04

I-130 Sent : 2014-11-04

I-130 NOA1 : 2014-11-12

I-130 Approved : 2015-03-26

NVC Received : 2015-04-14

Received DS-261 / AOS Bill : 2015-04-23

Pay AOS Bill : 2015-04-23

Send AOS Package : 2015-05-15

Submit DS-261 : 2015-04-23

Receive IV Bill : 2015-05-01

Pay IV Bill : 2015-06-10

Send IV Package : 2015-05-15

Completed DS-260: 2015-06-11

Receive Instruction and Interview appointment letter :2015-08-27

Case Completed at NVC : 2015-07-15

Interview Date : September 24, 2015

Interview Result : Administrative Processing

Visa Received : October 15, 2015

US Entry : November 11, 2015

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Nvc has a income level guide it depends how many are in the household.

it's just himself in the household.


Service Center : Texas Service Center

Consulate : Montreal, Canada

Marriage (if applicable): 2014/10/04

I-130 Sent : 2014-11-04

I-130 NOA1 : 2014-11-12

I-130 Approved : 2015-03-26

NVC Received : 2015-04-14

Received DS-261 / AOS Bill : 2015-04-23

Pay AOS Bill : 2015-04-23

Send AOS Package : 2015-05-15

Submit DS-261 : 2015-04-23

Receive IV Bill : 2015-05-01

Pay IV Bill : 2015-06-10

Send IV Package : 2015-05-15

Completed DS-260: 2015-06-11

Receive Instruction and Interview appointment letter :2015-08-27

Case Completed at NVC : 2015-07-15

Interview Date : September 24, 2015

Interview Result : Administrative Processing

Visa Received : October 15, 2015

US Entry : November 11, 2015

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If its just him its a household size of 2 (him and you)

USCIS poverty guidelines

http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

-I understand that both the pension and SSDI are non taxable. That doesnt mean that he 1 doesnt get tax forms showing his income from the places that pay him and 2 that he cant file a tax return.

Note Im NOT saying he HAS to file a return. But he CAN. A lot of people who dont have to - do so anyway because so often places (like USCIS, banks, car loan companies etc) well, they all like taxes. Its a quick easy way to verify income.

If he has no tax returns for the period needed- hes going to have to attach a letter explaining why (no taxable income) with the aff of support. (not a big deal)

But anyway- the monthly statement letters should be fine, you'll just need a lot of them to establish the income is/has been permanent and will continue. Thats really what they are looking for- to make sure the income is stable and will continue in the future. If you had the tax statements, it would be less paperwork.

Heres 2 links just fyi of what the tax papers are. Maybe youll realize you do have them. The SSDI one wouldve just come in the mail with in the last few weeks. The letter itself is the envelope- if that makes sense.

SSDI- form 1099

https://www.taxslayer.com/support/629/What-is-a-Form-SSA-1099-View-a-sample-form?language=1

Pensions are generally on 1099-R your form could be any color/size. But the info would be all there. They start mailing them now (beginning of year and have until end of Feb I think to get them to you)

https://www.taxslayer.com/support/627/What-is-a-Form-1099-R-View-sample-form

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If its just him its a household size of 2 (him and you)

USCIS poverty guidelines

http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

-I understand that both the pension and SSDI are non taxable. That doesnt mean that he 1 doesnt get tax forms showing his income from the places that pay him and 2 that he cant file a tax return.

Note Im NOT saying he HAS to file a return. But he CAN. A lot of people who dont have to - do so anyway because so often places (like USCIS, banks, car loan companies etc) well, they all like taxes. Its a quick easy way to verify income.

If he has no tax returns for the period needed- hes going to have to attach a letter explaining why (no taxable income) with the aff of support. (not a big deal)

But anyway- the monthly statement letters should be fine, you'll just need a lot of them to establish the income is/has been permanent and will continue. Thats really what they are looking for- to make sure the income is stable and will continue in the future. If you had the tax statements, it would be less paperwork.

Heres 2 links just fyi of what the tax papers are. Maybe youll realize you do have them. The SSDI one wouldve just come in the mail with in the last few weeks. The letter itself is the envelope- if that makes sense.

SSDI- form 1099

https://www.taxslayer.com/support/629/What-is-a-Form-SSA-1099-View-a-sample-form?language=1

Pensions are generally on 1099-R your form could be any color/size. But the info would be all there. They start mailing them now (beginning of year and have until end of Feb I think to get them to you)

https://www.taxslayer.com/support/627/What-is-a-Form-1099-R-View-sample-form

Can you confirm for me that suitable income that he does get is in fact the "Social Security Income" that USCIS will accept? Thank you so much for the links, I'll talk with him and see if he's received anything or to keep an eye out for it to keep aside for us.


Service Center : Texas Service Center

Consulate : Montreal, Canada

Marriage (if applicable): 2014/10/04

I-130 Sent : 2014-11-04

I-130 NOA1 : 2014-11-12

I-130 Approved : 2015-03-26

NVC Received : 2015-04-14

Received DS-261 / AOS Bill : 2015-04-23

Pay AOS Bill : 2015-04-23

Send AOS Package : 2015-05-15

Submit DS-261 : 2015-04-23

Receive IV Bill : 2015-05-01

Pay IV Bill : 2015-06-10

Send IV Package : 2015-05-15

Completed DS-260: 2015-06-11

Receive Instruction and Interview appointment letter :2015-08-27

Case Completed at NVC : 2015-07-15

Interview Date : September 24, 2015

Interview Result : Administrative Processing

Visa Received : October 15, 2015

US Entry : November 11, 2015

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