Am I screwed with Affidavit of Support AOS? Help!

[fem_femme 6]

Hi guys. So my husband finally got approved his I-130 for CR-1 and I was so happy. I thought everything was sorted out with a join sponsor too because my income won't be enough I think and my dad's friend agreed to sponsor months ago and confirmed a few times, but he just backed out I think because of his wife  . So my happiness shattered today and I am so confused right now I am trying to put pieces together to see if I can pull this off myself OR with the help of my parents who live with me as I have no one else to sponsor my husband. I need to submit A of S soon, so can you guys PLEASE help me figure out my options for Affidavit of Support as my mind is cloudy right now and I'm feeling anxiety.

 

1) HOME: I live in a townhouse that's worth around $700,000 or more  in value and no mortgage, so I thought that I can use home as an asset, but some guy told me long time ago that my townhouse can't be used as an asset because it's in a revocable trust, BUT as I was going over the trust docs, this is what it says there "Jane Doe (replaced by me real name obviously) of Los Angeles, CA, who is herein referred to as the "settlor" or "the trustee," depending on the context, hereby, declares that she holds certain property (the "trust estate), in trust, to be held, administered, and distributed as provided in this instrument." In another page it says that "Jane Doe, (hereafter "Settlor"), assigns and transfers to Jane Doe (hereafter "Trustee) of Jane Doe Revocable Trust dated XXX, 2015, all of Settlor right, title, and interest in and to all of the property owned by Settlor that would otherwise be subject to Probate on the death....This property includes Settlor residence, other real property; all stock, blah blah blah." Also, in another page it says "I, Jane Doe,  the undersigned, declare: That I am the current trustee of the of the trust established by Jane Doe of (Address) on XXX, 2015."  The reason I am writing this is because I was told by someone (not an attorney) that I can't use my paid-off home because it's in a trust and it belongs to the trust; not me. I got confused about that because I am the settlor and the trustee of the estate according to my revocable trust, so I wanted to know is my residence home value can be used as a supplemental asset to my income? Was the guy wrong to claim that this doesn't belong to me, hence can't be used as an asset? This is a nuance that I can screw up if I assume things. Also, is the townhouse valued at 1/2 or 1/3 price in case it can be included? I don't understand one thing based on the guy told me and that's even if in a trust, if I am the settlor and the trustee and my name is the only name on the papers drafted by a probate attorney, how can I not sell it as a settlor or a trustee if I'm the one who makes decision? This is why I feel like the guy was talking cra* without detailed knowledge of the law, but then again, I am freaking out nonetheless. 

 

2) CASH: I have $25,000 in savings and checking combined. How much of it will be counted as a cash asset? 1/2 or 1/3? 

 

3) INCOME: I am currently a student and my only income is through a rental of my property (room), so in my US Individual Tax Return Form #1040 I filed this year it was "married, filing separately" since my husband isn't in the US yet. This is where I wan clarification to determine which $ will be counted to determine which income to use? So my tax return shows: Rents received: $21,600 (for 2018), and expenses part shows the following: $2,356 utilities, $3,656 taxes; $4,158 HOA dues, so under it all, it says "Total expenses: $10,172". Does Affidavit of Support only count the total gross income I received from my rent, which is $21,600 or they will only count the income that I am left at the end after everything is deducted, which is $11,438? Which of those two amounts highlighted from my tax return I should be including and counting to determine whether I can sponsor my husband myself? Also, since this is my main income as I am close to finishing up my paralegal course studies before getting back to work, this is an income derived from the property I mentioned, so does it mean that I can't even use my tax return as an income now considering that it's an income derived from my trust where I'm the settlor and the trustee? I am referring to what the guy told me that I can't supposedly use my property as an asset. 

 

4) HOUSEHOLD MEMBERS: My retired mom and dad live with me and they have filed their own taxes jointly, so based on the above info, will I need to get their assistance to help me too? We are not considered dependent on our tax return on each other as mine is individual while theirs is joint. They are receiving Social Security benefits as retired seniors. On my dad's return SSA (Social Security Benefits) Statement stub it shows the following: "Net Benefits for 2018 - $15,308; Paid by check/direct deposit - $14,000; Medicare Part B premiums deducted from your benefits $1,308; Total additions; $15,308; Benefits for $15,308". So if I include my dad, do I take into account the Net benefit amount of $15,308 or the direct deposits of $14,000?

My mom's statements is the following "Net Benefits for 2018 - $11,532; Paid by check/direct deposit - $10,248; Medicare Part B premiums deducted from your benefits $1,284; Total Additions $11,532; Benefits for 2018 -  $11,532." My last question about my parents is whether I must include them as joint sponsors or I can pick either my dad or mom to use as additional sponsor to meet the requirement even thought they file their taxes as married and joint?  

 

 

 

[Boiler 43,434]

Short version is you need a Joint Sponsor with enough income.

[pushbrk 12,110]

As a "landlord" you are considered self employed, even if you are also "employed".  Therefore, your "current income" in this context will be found on line 6 of your 2016 tax return.

 

You can combine your income with that of your parents.  First calculate whether you have enough, by comparing the the total of line 6 on your return plus line six of Mom and Dad's return and compare that to the requirement for a household of 4.  If you have it covered, you're good to go.  Provide an I-864 from you and I-864a forms for Mom and for Dad.  Go ahead and list your liquid assets and forget the house.  Your liquid assets can make up for an income shortfall at 1 to 3, so a third of your assets.

 

Mom and Dad's income calculation MIGHT be more complicated than just taking the number on line 6 though.  You would take total income minus the taxable amount of SS, if any, PLUS the total SS number.

 

If the income plus a third of your savings doesn't meet the minimum requirement, you'll need a qualified joint sponsor.

 

About the house.  Even assuming it is YOURS free and clear, it is not "liquid".  (Read those I-864 instructions carefully.) To be considered liquid it must be able to be liquidated within a year WITHOUT HARM to the sponsor or their family.  Selling the primary residence of you, your husband and your parents, would be harmful to your family, so not considered liquid.  You wouldn't really sell that home to support your family.

[fem_femme 6]

On 8/25/2019 at 7:55 PM, pushbrk said:

As a "landlord" you are considered self employed, even if you are also "employed".  Therefore, your "current income" in this context will be found on line 6 of your 2016 tax return.

 

You can combine your income with that of your parents.  First calculate whether you have enough, by comparing the the total of line 6 on your return plus line six of Mom and Dad's return and compare that to the requirement for a household of 4.  If you have it covered, you're good to go.  Provide an I-864 from you and I-864a forms for Mom and for Dad.  Go ahead and list your liquid assets and forget the house.  Your liquid assets can make up for an income shortfall at 1 to 3, so a third of your assets.

 

Mom and Dad's income calculation MIGHT be more complicated than just taking the number on line 6 though.  You would take total income minus the taxable amount of SS, if any, PLUS the total SS number.

 

If the income plus a third of your savings doesn't meet the minimum requirement, you'll need a qualified joint sponsor.

 

About the house.  Even assuming it is YOURS free and clear, it is not "liquid".  (Read those I-864 instructions carefully.) To be considered liquid it must be able to be liquidated within a year WITHOUT HARM to the sponsor or their family.  Selling the primary residence of you, your husband and your parents, would be harmful to your family, so not considered liquid.  You wouldn't really sell that home to support your family.

Thank you sir for the helpful advice. I was waiting to get my parent's joint income tax return before replying to you to say thank you! I filled out I-864 for myself and used Line 6 of my tax return, but I am VERY confused regarding my parent's household income that I need to add and I feel like I need guidance otherwise I will mess things up and delay/reject the whole thing. I heard that for a slight number mistake they can reject the AOS.

 

1) Parents' tax return:

You said to me previously that "Mom and Dad's income calculation MIGHT be more complicated than just taking the number on line 6 though.  You would take total income minus the taxable amount of SS, if any, PLUS the total SS number." I'm a little worried not to screw this up as there's just 1 tax return for both, filed married jointly.

 

You mentioned to provide I-864A's for mom and dad, so I take that I need to submit two separate I-864A's for parents even thought they are filing jointly and there's only one combined ss benefits retirement income showing on their #1040 tax form? Only their Form SSA-1099-Social Security Benefit Statements show their benefits for each person, otherwise their joint tax return shows the combined total amount only. I attached their SSA-1099-Social Security Benefit Statements to show what I mean. Also, there's nothing showing on their Line 6 of tax return and I also attached it here to show what I mean. It's blank. I am looking at their tax return and this is what I see:

Line 4b: taxable amount $192;

Line 5a: SS benefits $27,168;

Line 8: Standard deduction or itemized deductions $26,600. 

 

The two SS Benefit statements I attached show that dad's net benefit (box 3 minus box 4) = $15,396 (he paid $1,608 for Medicare Part B premium deduction from his benefit) & mom's net benefit is $11,772 and she got deducted Medicar Plan B premium for $1,524. I'm assuming that their income on the tax return is that "5a. Social security benefits amount of $27,168" and that the Medicare premium deductions don't play a role here since $15,396 (dad) + $11,772 (mom)=$27,168, hence the 5a SS benefit total $. I'm afraid I can't figure this out on my own and while I compiled a really good petition by myself & got the approval, I knew that this part was going to be tough for me although it is fairly easy...the question is where the hell do I find parent's income to use on AOS forms lol? Could you please help me out by pointing at which $/line to use on income tax return? I just need to know is it their NET BENEFIT that counts or do we deduct the medicare premiums they get deducted before their direct deposit is made each month.

[pushbrk 12,110]

THEIR current income does NOT come from a tax return.  The tax section for both will show the line 6 or line 22 amounts.  Use their individual income to state their current individual income.  It's any earned income they may have, or other passive income that is individual, plus their gross social security.  "Their income" will be added together automatically by the form itself, but you transfer the individual figures to YOUR I-864, so the total current income is correct.

 

[fem_femme 6]

3 hours ago, pushbrk said:

THEIR current income does NOT come from a tax return.  The tax section for both will show the line 6 or line 22 amounts.  Use their individual income to state their current individual income.  It's any earned income they may have, or other passive income that is individual, plus their gross social security.  "Their income" will be added together automatically by the form itself, but you transfer the individual figures to YOUR I-864, so the total current income is correct.

 

 

I am sorry Im totally lost. Current income is their monthly SS retirement benefits they get, which shows on tax returns and their benefit statement I attached here, they don't have any other income other than their SS retirement benefits per month that they get. Where do I look for the 'current' income then? I thought it's all about tax return. You said "Use their individual income to state their current individual income. It's any earned income they may have, or other passive income that is individual, plus their gross social security. " My line 6 shows $11,456, theirs shows $192 as you can see from the attachment of their joint tax return, but how is their income only $192 for both doesn't make sense based on the amount they get paid for their SS social benefits. 

[fem_femme 6]

I see what you mean although im still confused as to how to now calculate their individual income without using their 2018 tax return, but I understand now that it has nothing to do with their tax return then although Im not sure why i took into account my own tax return line 6 then if we are not using tax return to calculate income. This is too complicated for me and I was wondering if you know of any services who can assist me in filling out the income part on I-864? Do local USCIS offer assistance with the forms? I feel like to deter any more confusion, I need to find someone who can help me either free (if USCIS has such a service) or for a fee but I am not aware of such services myself. Are services available on this website regarding assistance in filling out petitions although my issue is trying to figure out the current income and not how to fill out a form as that is the easiest part so I just don't know what the current income is to put it on the form.

Edited September 3, 2019 by fem_femme

[pushbrk 12,110]

2 hours ago, fem_femme said:

 

I am sorry Im totally lost. Current income is their monthly SS retirement benefits they get, which shows on tax returns and their benefit statement I attached here, they don't have any other income other than their SS retirement benefits per month that they get. Where do I look for the 'current' income then? I thought it's all about tax return. You said "Use their individual income to state their current individual income. It's any earned income they may have, or other passive income that is individual, plus their gross social security. " My line 6 shows $11,456, theirs shows $192 as you can see from the attachment of their joint tax return, but how is their income only $192 for both doesn't make sense based on the amount they get paid for their SS social benefits. 

If their "ONLY INCOME" is social security, then you use the benefit statements.  They receive more this year than last year.  "Last year" is NOT "current" unless a person is "self employed".  Put information from the tax return in the past years' tax return section.  Put current income where current income is asked for.

[fem_femme 6]

2 hours ago, pushbrk said:

If their "ONLY INCOME" is social security, then you use the benefit statements.  They receive more this year than last year.  "Last year" is NOT "current" unless a person is "self employed".  Put information from the tax return in the past years' tax return section.  Put current income where current income is asked for.

aaa ok :)))) I get it now. Yes, their ONLY income is just that...their SS monthly benefits they get, nothing else, so unless the government raises/adjusts it due to inflation, then it's pretty stable. Just last question before I finish filling out that I-864A. You said to use their SS statement if that's the only income for them, so thought I attached my parent's each statements above, I'll use my dad as an example: Statement shows that his net benefit is $15,396 out of which he is paid check/direct deposit $13,788 and the rest, $1,608, is his Medicare Part B premium as deduction. So is his income the net benefit of $15,396 that he gets or it's only the direct deposit/check he gets for $13,788? Which one is the income? That's all I need to know to get this ordeal over with. Sorry for my earlier confusions. I feel like it's the net benefit of $15,396 but had to double check.

[pushbrk 12,110]

9 hours ago, fem_femme said:

aaa ok :)))) I get it now. Yes, their ONLY income is just that...their SS monthly benefits they get, nothing else, so unless the government raises/adjusts it due to inflation, then it's pretty stable. Just last question before I finish filling out that I-864A. You said to use their SS statement if that's the only income for them, so thought I attached my parent's each statements above, I'll use my dad as an example: Statement shows that his net benefit is $15,396 out of which he is paid check/direct deposit $13,788 and the rest, $1,608, is his Medicare Part B premium as deduction. So is his income the net benefit of $15,396 that he gets or it's only the direct deposit/check he gets for $13,788? Which one is the income? That's all I need to know to get this ordeal over with. Sorry for my earlier confusions. I feel like it's the net benefit of $15,396 but had to double check.

Gross before any deductions.

 

[fem_femme 6]

8 hours ago, pushbrk said:

Gross before any deductions.

 

thank you so much!!! im good to go now thanks to you :)))))))

[fem_femme 6]

On 9/4/2019 at 3:52 AM, pushbrk said:

Gross before any deductions.

 

I apologize for bringing this thread from a while ago back, but I have completed everything regarding the AOS and I am only trying to figure out which line to use for my parent's tax return income. I will quickly remind you about parents' financial background to get my last help so that I can submit the AOS right now.

I-864A household members question. Parents file jointly. Both retired and only income is their SSA benefits. Dad's 2018 SSA 1099 Statements has gross $15,396 & mom's $11,772. Add both together you get a total of $27,168 as the only annual income they get and this number is reflected on their tax return 1040 form line 5a (social security benefits). There's also tax return line 6, which shows as total income of $192. I also ordered their tax transcript to submit and it's mainly all zeros except sections:

 

INCOME:

-Taxable IRAs, Pensions, and Annuities: $192;

-Total Social Security Benefits: $27,168;

-Total Income: $192;

-Total Income Per Computer: $192.

 

ADJUSTMENTS TO INCOME:

-Adjusted Gross Income: $192;

-Adjusted Gross Income Per Computer: $192;

 

TAX & CREDITS:

-Standard Deduction Per Computer: $24,000;

-Additional Standard Deduction Per Computer: $2,600;

-Total Positive Income Per Computer: $192

 

********This is my confusion: Do I just put $27,168 SSA amount on I-864A as the total tax return income or do I add $192 to that SSA amount making it $27,360, although in nowhere on taxes do I see that added $27,360 number reflected as you see above tax transcript? Or is their total income just the above "-Total Social Security Benefits: $27,168"? and that I shouldn't count the $192 total income indication?

 

 

[pushbrk 12,110]

2 hours ago, fem_femme said:

I apologize for bringing this thread from a while ago back, but I have completed everything regarding the AOS and I am only trying to figure out which line to use for my parent's tax return income. I will quickly remind you about parents' financial background to get my last help so that I can submit the AOS right now.

I-864A household members question. Parents file jointly. Both retired and only income is their SSA benefits. Dad's 2018 SSA 1099 Statements has gross $15,396 & mom's $11,772. Add both together you get a total of $27,168 as the only annual income they get and this number is reflected on their tax return 1040 form line 5a (social security benefits). There's also tax return line 6, which shows as total income of $192. I also ordered their tax transcript to submit and it's mainly all zeros except sections:

 

INCOME:

-Taxable IRAs, Pensions, and Annuities: $192;

-Total Social Security Benefits: $27,168;

-Total Income: $192;

-Total Income Per Computer: $192.

 

ADJUSTMENTS TO INCOME:

-Adjusted Gross Income: $192;

-Adjusted Gross Income Per Computer: $192;

 

TAX & CREDITS:

-Standard Deduction Per Computer: $24,000;

-Additional Standard Deduction Per Computer: $2,600;

-Total Positive Income Per Computer: $192

 

********This is my confusion: Do I just put $27,168 SSA amount on I-864A as the total tax return income or do I add $192 to that SSA amount making it $27,360, although in nowhere on taxes do I see that added $27,360 number reflected as you see above tax transcript? Or is their total income just the above "-Total Social Security Benefits: $27,168"? and that I shouldn't count the $192 total income indication?

 

 

Add those two numbers together and state it as their total income, same on both forms.  For current income, add together their current monthly benefits, and document it with benefit statements they can download from socialsecurity.gov.

 

[fem_femme 6]

On 10/25/2019 at 7:54 PM, pushbrk said:

Add those two numbers together and state it as their total income, same on both forms.  For current income, add together their current monthly benefits, and document it with benefit statements they can download from socialsecurity.gov.

 

 

Hi. I did submit everything 3 weeks ago and just heard back from NVC! This is so bizarre because they just said that I (as petitioner) don't meet the minimum to be a sponsor. Well, I knew that and that's why I also added parents as my household members and with the 3 of us combined, we are above the household size of 4 (my immigrant husband included). I don't understand why they sent me the following "Jane" (me) does not meet the minimum income requirement to sponsor the intending immigrants for this case. The consular officer will make a decision regarding this requirement at the time of the interview. For more information, please visit https://www.uscis.gov/i-864p. To avoid delays, an additional Affidavit of Support Form I-864 for a joint sponsor may be submitted."

 

For a household of 4, a minimum of $32,187 is needed, so here's what my household financial breakdown is on the affidavits that I submitted:

 

1) Me -$11,428 (Self-employed landlord). Obviously I don't meet the requirement, hence adding both parents' work retirement SS incomes.

2) Dad- $15,831.60. I asked SS to fax me his current (this year's (2019) SS income since he hasn't received his SS benefits statement for 2019 yet).

3) Mom-$12,102. Same scenario as my dad. Once I got SS fax me both of their individual incomes, I multiplied their gross monthly incomes for each by 12 to get their 2019 annual income on each of their I-864A.

 

So based on our income, we are at $39,361.60 for a household of 4, which is $7, 174.60 above the minimum, so what is the problem here? The letter didn't mention anything about household members, it just mentioned me, but why would they say that if my household members are added too? It's not like I only submitted my $11,428 not to meet the minimum, you know? Also, I know that only SSI/SSD etc are not counted as income and SS employment retirement beneficiaries are, so I don't understand why they didn't mention parents? At last, do you think that the notification was more like a warning and ot a rejection of my AoS since they also requested my 1st marriage divorce decree and in the letter they said that it is up to the consular officer to decide, which means that NVC isn't denying the transfer of my case to immigration? The letter confused me a bit. 

[pushbrk 12,110]

This is a standard email, saying they will forward your financial package to the Consulate for a decision.  Don't worry about it.