Social Security Income Approved

[MOSTLYLOST 7]

At the interview in Ciudad Juarez the counselor officer said that the my wife would need a different sponsor because they could only count the the "earned income" line our tax transcript and could not count our $34,534 of combined Social Security income.  (this seemed totally illogical to me.) So she received the dreaded blue paper saying she was denied. 

 

I filled out a new I864 and also an I864A. I sent that plus the original SS income 1099's for 2020 and the original SS 2021 income statements.  I attached a letter saying it seemed illogical that SS income that showed over 150% of the amount needed ( which is on a different line on the tax transcript) could not be counted.  3 weeks passed and we received another denied stating she needed a different sponsor.

 

So I started researching and I found The Department of State Foreign Affairs Manual   on line...... Guess what .....

 

 Volume 9 – Visas, section 9 FAM 40.41 N5.5 part 4 b “Tax-free income (such as a housing allowance for clergy or military personnel) and other tangible benefits in lieu of salary are considered income. The sponsor bears the burden of proving the nature and amount of income.“ ..(So income includes salary income and any provable tangible benefits from any source}

 

And a rule that has been paused by the court  The Public Charge Rule there was allowance for “positive factors in the totality of the circumstances, including, but not limited to, if the applicant is: • employed with income sufficient to support him or herself and the household; • Not employed, but the household income is sufficient to support the household and the applicant; • Collecting a pension, earned Social Security benefits, or has a retirement account or other supportive income that replaces employment income.”

 

So clearly the counselor officer was wrong twice 

 

So I re-submitted an I864 and attached a letter asking for a “REVIEW BY SENIOR STAFF” and citing the State Department Manual, and the paused Public Charge Rule stating clearly that other provable income should be counted. 

 

The letter included this statement

"...since the reason stated for rejection is lack of income for me as sponsor based solely on the “total income” line on our IRS transcript, and the total Social Security benefits shown on the IRS transcript (in lieu of salary) are clearly more than the required income, and per the The Department of State Foreign Affairs Manual are acceptable as “other tangible benefits” that are income, and because I as sponsor have furnished proof of the benefit as per the manual, I ask that you please approve our 2021 Social Security income as a sponsor and applicant.

 

Since the only reason given for refusal of her residency visa was sponsor's lack of income, and that determination was not correct based on the the Department of State's Manual and previous rules allowing Social Security income in lieu of salary, the end result should be an approval of me as sponsor for her immigrant visa, thus resulting in an approval of her Visa.

 

Result:   Visa approved.  

 

 

 

 

 

 

[Ryan H 3,797]

Moved from Process & Procedures to Progress Reports.