RFE - Not above 125% income

[K1korean 10]

My last 3 tax returns have been poorish.

2016. ~40,000

2017. ~10,000

2018  ~17,000

 

The thing is I was deployed to Afghanistan in 17/18.  So my income doesn't show up except in one box with code Q where almost 40,000$ is under "combat pay". 

 

Now, I'm in school using the GI Bill which is ~30,000$ but that also isn't "income" so I'll have no income for my 2019 tax return. They accepted the exact same documents for the K1 process, but not for the AOS. We also haven't got a work permit so my fiance can't apply for work. Additionally we have ~30,000$ savings which we included as financial evidence.

 

I don't have a joint sponsor so looking for advice. Her mom would sponsor but her mom is Korean and not a US citizen. Would it be worth consulting an attorney? I really didn't believe I'd need one for this process.

[payxibka 10,044]

1 minute ago, K1korean said:

My last 3 tax returns have been poorish.

2016. ~40,000

2017. ~10,000

2018  ~17,000

 

The thing is I was deployed to Afghanistan in 17/18.  So my income doesn't show up except in one box with code Q where almost 40,000$ is under "combat pay". 

 

Now, I'm in school using the GI Bill which is ~30,000$ but that also isn't "income" so I'll have no income for my 2019 tax return. They accepted the exact same documents for the K1 process, but not for the AOS. We also haven't got a work permit so my fiance can't apply for work. Additionally we have ~30,000$ savings which we included as financial evidence.

 

I don't have a joint sponsor so looking for advice. Her mom would sponsor but her mom is Korean and not a US citizen. Would it be worth consulting an attorney? I really didn't believe I'd need one for this process.

Is the attorney going to be a sponsor?  That's the only reason to contact one as they can't change the uscis requirements.

[geowrian 22,335]

What is current income? That's the main thing they want to see. Tax returns would only show prior income, unless your earnings are from self-employment (in which case the 2018 return would be your current income).

I understand you are in school, so are you earning income right now?

 

Quote

I don't have a joint sponsor so looking for advice. Her mom would sponsor but her mom is Korean and not a US citizen. Would it be worth consulting an attorney? I really didn't believe I'd need one for this process.

Is she a green card holder? That works fine too.

An attorney cannot change the requirements for you. You need to at least meet the minimum income requirements with your current income.

Edited December 30, 2019 by geowrian

[K1korean 10]

21 minutes ago, geowrian said:

What is current income? That's the main thing they want to see. Tax returns would only show prior income, unless your earnings are from self-employment (in which case the 2018 return would be your current income).

I understand you are in school, so are you earning income right now?

 

Is she a green card holder? That works fine too.

An attorney cannot change the requirements for you. You need to at least meet the minimum income requirements with your current income.

I get ~30,000$ from the GI Bill. Other posters said they count it as income and they indeed counted it for the K1 process. My tax returns are just very low because of deployment income being nontaxable which is probably what I got dinged on.

[payxibka 10,044]

3 minutes ago, K1korean said:

I get ~30,000$ from the GI Bill. Other posters said they count it as income and they indeed counted it for the K1 process. My tax returns are just very low because of deployment income being nontaxable which is probably what I got dinged on.

Income is what you need to demonstrate, the income doesnt need to be taxable.  

[geowrian 22,335]

3 minutes ago, K1korean said:

I get ~30,000$ from the GI Bill. Other posters said they count it as income and they indeed counted it for the K1 process. My tax returns are just very low because of deployment income being nontaxable which is probably what I got dinged on.

What evidence of your current income did you provide? If you only provided the tax return, then that is likely the cause. As noted, that shows past income. Technically, it shows income you made almost 24-12 months ago at this point. It's also likely insufficient as they would just look at the tax return line.

I can't speak for what the CO accepted for the K-1 visa...the I-134 does not have hard requirements...it's only a tool to assist the CO in making a public charge decision. The I-864 (the one you're doing now) has mandatory requirements for an income level and that must be supported by the evidence provided.

 

I don't know the specifics of the GI bill in terms of what counts and what does not count for I-864 purposes, sorry. My understanding is that (nowadays) it is a set of various programs providing benefits. Some of those benefits may qualify (like disability-related ones) and some may not (potentially those that are more akin to scholarships). I will defer to others for specifics.

[Joyoussinger 1,410]

As others have said, non taxable income is still income. I had a similar situation because my Social Security income is not taxable and, while there is a line for it on the 1040, it doesn't get added into the total income. I dealt with this by printing out the benefits letter which states my monthly SSA amount and I included bank statement which show that the amount is deposited each month.  I had no problem at all proving that my income  is enough. Perhaps, you can respond to the RFE with similar evidence? Good luck!

[NikLR 13,220]

GI bill is income. You can show evidence of the income with bank statements and the paperwork you had to file for the GI bill. 

 

[Roxy&Ryan 72]

221[8;k9hojjhu8ty6zes3

[Calicolom 265]

18 hours ago, Joyoussinger said:

As others have said, non taxable income is still income. I had a similar situation because my Social Security income is not taxable and, while there is a line for it on the 1040, it doesn't get added into the total income. I dealt with this by printing out the benefits letter which states my monthly SSA amount and I included bank statement which show that the amount is deposited each month.  I had no problem at all proving that my income  is enough. Perhaps, you can respond to the RFE with similar evidence? Good luck!

If you use social security income letter, this letter needs to be Apostilled. 

[Joyoussinger 1,410]

1 minute ago, Calicolom said:

If you use social security income letter, this letter needs to be Apostilled. 

No, it doesn't. The letter, addressed to me, is available from my account on the Social Security website and is written on SSA letterhead. There is no certified document, but the proof is in the deposits, by Social Security, into my bank account. This was not a problem during our interview last week. We were approved on the spot.

[Nitas_man 3,100]

3 hours ago, Calicolom said:

If you use social security income letter, this letter needs to be Apostilled. 

Describe the exact process of having a social security income letter Apostilled please

[Roxy&Ryan 72]

8 hours ago, Roxy&Ryan said:

221[8;k9hojjhu8ty6zes3

this is what happens when you use the laptop in bed😜