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Social Security Benefits, I-864A, and I-864P

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Hello, my question is regarding the I-864 and I864A forms I’m filling out for my parents who are trying to sponsor my mother’s sister and brother. I already submitted a package, and it was returned because item 11 of part 1 on the I-864A had the incorrect income. I had put the total gross income and they only want the adjusted gross income (AGI) from their tax return.

The problem is that my parents are retired and about 70% of their income comes from social security benefits, and their social security is not included in the AGI. This means that their income will be well below the 125% of HHS poverty guidelines poverty line, and will not be sufficient for a household size of 4, which is required for my parents and our two family members that are applying for Visas according to the I-864P. However, on item 10 of part 1 on the I-864A I did include my father’s current individual income that includes his social security benefits. This will raise his total annual household income above the 125% of the HHs poverty guidelines.

If I send them all the proof and supporting documents of all my parents income will it be sufficient for them to accept this application, or is social security benefits that are not included in the AGI not considered income and cannot be used in this application?

In that case are there any alternatives, or would they need to find another sponsor with a higher income?

Thanks

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Did they file tax form 1040, 1040A, or 1040EZ because AGI is only for a 1040 EZ. I don't believe 1040 EZ and Social Security income are compatible. So it's Total Income not AGI on a 1040 and 1040 A.

Another issue--what did you submit to document their full Social Security income? If it doesn't show on the tax return in the Total Income line, then you need to document it. Did you?

Who a the sponsor and who is the household member? Mom sponsor (I-864) and Dad household member (I-864A)?


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SSA.gov when you create an account you can get a statement of benefits (or non receipt of benefits) on there. Have mom and dad create an account and print out those statements and include them with I-864.


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Nich-Nick,

The filed a 1040A. Their social security benefits are on line 14a, and the social security income is not included in the line 15 (total income) or line 21 (AGI).

When I submitted the package I included the SSA-1099 form for both parents, which proved they are receiving social security benefits. Mother is the sponsor and father household member, so I filled out a I-864A for my father.

I was recommended to submit again and include myself as a household member and submit a I-864A for my income. Would that be my only option at this point? Or is there something else I could do to include their social security benefits?

Thank you for your help

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It can be helpful to provide the last 12 months of bank statements to show the income amount that is deposited each month when trying to prove non-taxable income. Along with the SSA-1099, also provide the benefits letter/statements from the SSA. You need to provide as much as you can to prove non-taxable income. And never assume they will pay attention and notice the line on the taxes that lists the income. Make sure you point it out to them when adding the documents to prove it.


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