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luisa333

Joint sponsor with disability [merged threads]

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Filed: Timeline

Hello, my husband is my petitioner, but now he isn't working. So, my father in law is my joint sponsor. He is disabled from the army.

I sent all the forms togheter, included the proof of income of the bank of my father in law that the income is much more than the guide line. The person with disability doesn't pay tax.

But I receive a mail from USCIS asking for more proof about the income and a letter explaining why he doesn't pay tax.

My father in love will write a letter explaining he is disabled and because of it he doesn't pay tax. What more I need to send?

Someone else had problem because the sponsor is disabled?

Thanks

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Filed: Citizen (apr) Country: Mexico
Timeline

If someone has not filed taxes for any of the last 3 years, then they must include a statement(and proof if other than income being too low) as to why they do not legally have to pay taxes. It states this in the I-864 instructions.

They need to write a statement that they do not pay taxes because all their income is non-taxable, and explain the source of the income. They should include their disability benefits letter and most recent 1099(or even last 3 years worth). Since the income is non-taxable, it would help to provide the last 12 months worth of bank statements showing how much is deposited each month.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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Filed: Timeline

If someone has not filed taxes for any of the last 3 years, then they must include a statement(and proof if other than income being too low) as to why they do not legally have to pay taxes. It states this in the I-864 instructions.

They need to write a statement that they do not pay taxes because all their income is non-taxable, and explain the source of the income. They should include their disability benefits letter and most recent 1099(or even last 3 years worth). Since the income is non-taxable, it would help to provide the last 12 months worth of bank statements showing how much is deposited each mont

kay, joint my forms I sent the bank statements showing how much is deposited each month. And in the form I-486 he fill that he doesn't pay tax because he's disabled. And he is diseblad for more than 5 years.

He worked for the governement, for the army. He has a good income. I'm sure that all about him is in a computer, they need only to tipe his name. So I don't uderstand why the complecated our live asking for more docs.

My father in law will write a letter explaining that he doesn't pay tax because of he is diseabled. And all send the docs from the bank again. I don't know what more I have to send.

Edited by luisa333
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Filed: Citizen (apr) Country: Mexico
Timeline

I just told you. Send the benefits letter and 1099 showing how much he received from disability that year. He should be able to get an SSA or VA benefits letter, and even though it is non-taxable, they still send a 1099 at the end of year showing how much they received for that year. You need to show as much proof of the income as possible, and use a full 12 months worth of bank statements too. The benefits letter(s) and 1099(s) show the exact source and amounts of the deposits shown through bank statements. They all go together to prove income.

As for why you need to do the statement of explanation, like I said, because that is what is required and stated in the instructions for the I-864. You can read about it on 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 typed or printed explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a typed or printed explanation including evidence of the exemption and how you are subject to it.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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Filed: Timeline

I just told you. Send the benefits letter and 1099 showing how much he received from disability that year. He should be able to get an SSA or VA benefits letter, and even though it is non-taxable, they still send a 1099 at the end of year showing how much they received for that year. You need to show as much proof of the income as possible, and use a full 12 months worth of bank statements too. The benefits letter(s) and 1099(s) show the exact source and amounts of the deposits shown through bank statements. They all go together to prove income.

As for why you need to do the statement of explanation, like I said, because that is what is required and stated in the instructions for the I-864. You can read about it on 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 typed or printed explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a typed or printed explanation including evidence of the exemption and how you are subject to it.

Kay, this 1099 he has to fill or is a document he receive every year?

His income is more than the guide lines. Do you think is good if we send the documents about the payed tax of the house and too the tax payed of his car? It helps?

All this are assets. Or do you think if his income is more than in the guide lines he doesn't need assets?

He never was a sponsor before, so he doesn't know what he has to do.

Thank you

Edited by luisa333
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Hi Luisa,

We were in a similar situation - my husband is my sponsor and he's a disabled military veteran.

USCIS accepted the following documentation from us:

- Letter from the VA stating annual benefit received

- Twelve months of bank statements showing the monthly amount being deposited

This was how we worded the letter to accompany:

"Regarding the requested tax documentation, ************* is in receipt of disability benefits from the U.S. Department of Veterans Affairs which accounts for 100% of the income recorded on the I-864.

This income is non-taxable and therefore ********* is not required legally to file taxes in accordance with IRS publications 525 and 907."

USCIS deemed that to be sufficient in our case so, hope that helps somewhat :) I think knowing the IRS publications helps.

11/07/2017 - Mailed I-751 to CSC

11/13/2017 - I-751 delivered to CSC

11/13/2017 - NOA1 Date

11/17/2017 - Received NOA Letter

11/17/2017 - Date of Biometrics Letter

11/24/2017 - Biometrics Letter received

12/08/2017 - Biometrics Appointment Date

08/16/2018 - 18 month extension letter received (dated 08/11/2018)

02/12/2019 - New Card is being Produced

02/22/2019 - 10 Year Green Card received

 

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Filed: Timeline

Hi Luisa,

We were in a similar situation - my husband is my sponsor and he's a disabled military veteran.

USCIS accepted the following documentation from us:

- Letter from the VA stating annual benefit received

- Twelve months of bank statements showing the monthly amount being deposited

This was how we worded the letter to accompany:

"Regarding the requested tax documentation, ************* is in receipt of disability benefits from the U.S. Department of Veterans Affairs which accounts for 100% of the income recorded on the I-864.

This income is non-taxable and therefore ********* is not required legally to file taxes in accordance with IRS publications 525 and 907."

USCIS deemed that to be sufficient in our case so, hope that helps somewhat :) I think knowing the IRS publications helpsIt

Hixsy

My father in law receive income of disability (that isn't enough for the guide line) and the another income of retirement (that is itself more than what is asked for guide line).

Both together is almost tree times what they ask for guide lines.

I sent with the forms the sumary of the bank saying how much he receives per month of retirement and too the form SSA -1099 saying how much is the benefit of disability. And I don't understand why is wasn't enough.

Do you know if its because they don't accept the income of retirement?

Thank you

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Filed: Timeline

I'm married a american man. My father in law is my joint sponsor. He receive pension because he is retired AND que is disabled too. Because he is disable he doesn't pay tax.

So he receive the pension ( that is more than the guide line itself) AND he has too the income of disability (that alone is less than the guide line).

I sent all forms to USCIS, but they sent me a mail asking me more documents priving why he doesn't pay tax and to send assets.

Why they want more documents? Because the disability doesn't reach the guide line?

The income of retirement can't count to reach the guide line?

Thanks

Edited by luisa333
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Filed: Citizen (apr) Country: Ireland
Timeline

What documents did yous end to

a) prove the Father-in-law's income from these sources and

b) prove that he does not need to pay taxes on them?

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Filed: Citizen (apr) Country: Mexico
Timeline

Hixsy

My father in law receive income of disability (that isn't enough for the guide line) and the another income of retirement (that is itself more than what is asked for guide line).

Both together is almost tree times what they ask for guide lines.

I sent with the forms the sumary of the bank saying how much he receives per month of retirement and too the form SSA -1099 saying how much is the benefit of disability. And I don't understand why is wasn't enough.

Do you know if its because they don't accept the income of retirement?

Thank you

Did you include any other proof of the retirement income? Is there not a benefits letter for that, or a 1099 just for that income? I see you have the SSA-1099 for the disability income, but if there is a second source of income, you need provide proof of that too. Is the retirement income also non-taxable?

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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Filed: Citizen (apr) Country: Ecuador
Timeline

Nearly duplicative threads merged. Please post just once on a single or highly related topic.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: Timeline

Did you include any other proof of the retirement income? Is there not a benefits letter for that, or a 1099 just for that income? I see you have the SSA-1099 for the disability income, but if there is a second source of income, you need provide proof of that too. Is the retirement income also non-taxable?

Yes, the retirement income also is non-taxable.

He receives the retirement because he is sick after many years working for the army in countries at wars. And the income of disability because he is sick and can't work anymore. Both income are non-taxable.

And I sent a proof of SSA saying how much is the disability in the 2014 year and too a paper of the bank saying how much re receive per month. Do you think I need to send of each month?

He will write a letter saying why he doens't pay tax, but I'm scared that they ask more proof.

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Filed: Citizen (apr) Country: Mexico
Timeline

Again, you need proof of BOTH incomes. Benefits letters and 1099s from BOTH. YES, you need to show the LAST 12 MONTHS of bank statements. All of those things together are what will prove the actual income amount. The USCIS will not assume anything. You must provide every single document that you can to show the exact total annual income amount. Point it all out. Highlight the deposits on the bank statements even. Make sure they see clearly how much he receives. You have to include proof of both income sources.

Separately, he needs to include the statement about his income from both sources being non-taxable, so he is therefore not required to file taxes.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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Filed: Timeline

Again, you need proof of BOTH incomes. Benefits letters and 1099s from BOTH. YES, you need to show the LAST 12 MONTHS of bank statements. All of those things together are what will prove the actual income amount. The USCIS will not assume anything. You must provide every single document that you can to show the exact total annual income amount. Point it all out. Highlight the deposits on the bank statements even. Make sure they see clearly how much he receives. You have to include proof of both income sources.

Separately, he needs to include the statement about his income from both sources being non-taxable, so he is therefore not required to file taxes.

I'll tell my father in law about the documents proving income I need.

Thank you very much for your help.

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