Joint Sponsor Qualified Income

[lopezkoa 0]

I got an RFE for my joint sponsor which says "we could not determine that the joint sponsor is qualified" we think because in the most recent tax year of 2021, his IRS Transcripts shows collected $34,566 of "Total Social Security Benefits", but this is not taxable, so it' s not included on the "Total Income" so on the "Total Income" line on IRS Form 1040 it shows only $5,107 of taxable income. His total annual income total was $39,673, which is more than enough to qualify a household size of 3.

 

Does USCIS not consider Social Security Income as qualifiable evidence of 125% of the federal poverty guideline compared to Taxable Employment Income because according to the RFE, only the "Total Income" line is used to determine a qualifying sponsor? In this case, it would be "5,107" 

 

My joint sponsor is retired, but makes more than enough income with Social Security Benefits to qualify.

 

He doesn't want to provide 12 months of bank statements because the amount of money is moved in and out throughout the year.

 

So we think the only other way to get approval is showing Evidence of ownership,  mortgage documentation showing the value of his real estate property which is $600,000 and use this as evidence. Would this be enough evidence? 

 

[Mike E 11,730]

Current income matters.  
 

 

[lopezkoa 0]

On Form I-864, Part 6. application, it says "My total income (adjusted gross income on Internal Revenue Service (IRS) Form 1040EZ) as reported on my Federal income tax returns for the most recent three years was: "

For 2021, the "adjusted gross income" is $5,107.

 

Where can I show the "Social Security Benefits" income on Form I-864, which is $34,566?

[OldUser 5,166]

19 hours ago, lopezkoa said:

the "adjusted gross income" is $5,107.

This is the figure USCIS really care about, hense the co-sponsor does not qualify. Best to find another qualifying co-sponsor.

[Lil bear 3,875]

19 hours ago, lopezkoa said:

On Form I-864, Part 6. application, it says "My total income (adjusted gross income on Internal Revenue Service (IRS) Form 1040EZ) as reported on my Federal income tax returns for the most recent three years was: "

For 2021, the "adjusted gross income" is $5,107.

 

Where can I show the "Social Security Benefits" income on Form I-864, which is $34,566?

On the I864, Part 6 #7 asks for current annual income. The SS Income can be written there. Evidence for this income can be monthly bank statements showing direct deposits inti the account each month from SSA and a copy of the joint sponsors  SSA benefit statement obtainable off their SSA Account 

[lopezkoa 0]

2 hours ago, OldUser said:

This is the figure USCIS really care about, hense the co-sponsor does not qualify. Best to find another qualifying co-sponsor.

I'm sure this co-sponsor qualifies. The qualifying amount for a household size of 3 is $28,787.

This co-sponsor makes $34,566 as shown in their Social Security Benefits.

He also has evidence of real property ownership, the 2022 Real Property Notice of Assessment shows an equity value of $600,000 and IRA (stocks, bonds) with a balance of $300,000. Can you explain in further detail how this co-sponsor does not qualify for the $28,787 amount based on these figures?

Edited October 28, 2022 by lopezkoa

[lopezkoa 0]

1 hour ago, Lil bear said:

On the I864, Part 6 #7 asks for current annual income. The SS Income can be written there. Evidence for this income can be monthly bank statements showing direct deposits inti the account each month from SSA and a copy of the joint sponsors  SSA benefit statement obtainable off their SSA Account 

I put the amount for 2021 $39,673 and wrote on Page 10 in the notes "Non taxable social security amount is added to adjusted gross income for 2021" also in Part 7, 2. other supporting documents for net cash value of real-estate holdings (Net value means current assessed value minus mortgage debt) is $600,000. and including the Joint sponsor's Social Security Benefits for 2022 and evidence of real property ownership 2022 Real Property Notice of Assessment, Mortgage statement with current balance with date acquired and current balance.

[lovinglive 24]

Did you file form 864 or 864 A for this sponsor?

 

If 864, what did you put for Part 6, line 7?

[lovinglive 24]

It's important to confirm that you filed 864 and not 864A for this sponsor (but based on your comments it seems you filed 864).

 

It's not clear to me whether USCIS considers the amount you entered in Part 6, line 7, which you said you put 39,673, or whether they consider AGI.  I would bet that it is the amount on Part 6, line 7.

 

Also, you say you listed your sponsor's real estate assets, but USCIS may consider that is not liquid and so it can't be used to support your household of three.  Did you list the IRA as assets?

 

I would say the only safe way to proceed would be to get another sponsor.

 

 

[lopezkoa 0]

1 hour ago, lovinglive said:

It's important to confirm that you filed 864 and not 864A for this sponsor (but based on your comments it seems you filed 864).

 

It's not clear to me whether USCIS considers the amount you entered in Part 6, line 7, which you said you put 39,673, or whether they consider AGI.  I would bet that it is the amount on Part 6, line 7.

 

Also, you say you listed your sponsor's real estate assets, but USCIS may consider that is not liquid and so it can't be used to support your household of three.  Did you list the IRA as assets?

 

I would say the only safe way to proceed would be to get another sponsor.

 

 

 

I didn't file 864A, only 864.

 

Part 6, line 7 "My current individual income is = 36,601"

Part 6, line 24.a. Most Recent Tax Year 2021 Total Income = $39,673" (AGI 5107 + SSI 34,566)

Part 7, line 1 N/A

Part 7, line 2 Net cash value of real-estate holdings = 600,000

Part 7, line 3 Net cash value of IRA (stocks bonds) = 300,000

Total value of Assets = 900,000

 

Household size of 3= 28,787

 

RFE says Acceptable evidence of assets would be "Evidence of ownership, any mortgage/lien of any real estate and dates acquired" and "Assets must equal 3 times the difference for a spouse or child of a United States citizen" if USCIS is set on accepting their 2021 AGI of 5,107, then the remaining difference is 23,680 x 3 = 71,040 in assets. 

 

Documentation included:

1040 Federal income tax return  (1099s and Tax Return Transcripts from 2019, 2020, 2021)

Social Security Benefits for 2022 showing 125% of the federal poverty guideline for household size of 3

2022 Real Property Notice of Assessment

Mortgage statement showing current balance

IRA statement

 

with these documents, this sponsor has more than enough evidence to qualify, wouldn't you agree?

 

Edited October 29, 2022 by lopezkoa

[OldUser 5,166]

45 minutes ago, lopezkoa said:

with these documents, this sponsor has more than enough evidence to qualify, wouldn't you agree?

 

It doesn't matter whether we agree on the forum. It only matters USCIS agree. They already showed they do not agree by sending you the RFE.

 

You can try convincing them, by responding to RFE and pointing out everything you did here.

 

Or you can come up with a more straightforward solution: new co-sponsor with income well above the requirement. It will make USCIS job easier.

 

Either way the choice is yours.

Edited October 29, 2022 by OldUser

[lovinglive 24]

On 10/29/2022 at 2:35 PM, lopezkoa said:

 

I didn't file 864A, only 864.

 

Part 6, line 7 "My current individual income is = 36,601"

Part 6, line 24.a. Most Recent Tax Year 2021 Total Income = $39,673" (AGI 5107 + SSI 34,566)

Part 7, line 1 N/A

Part 7, line 2 Net cash value of real-estate holdings = 600,000

Part 7, line 3 Net cash value of IRA (stocks bonds) = 300,000

Total value of Assets = 900,000

 

Household size of 3= 28,787

 

RFE says Acceptable evidence of assets would be "Evidence of ownership, any mortgage/lien of any real estate and dates acquired" and "Assets must equal 3 times the difference for a spouse or child of a United States citizen" if USCIS is set on accepting their 2021 AGI of 5,107, then the remaining difference is 23,680 x 3 = 71,040 in assets. 

 

Documentation included:

1040 Federal income tax return  (1099s and Tax Return Transcripts from 2019, 2020, 2021)

Social Security Benefits for 2022 showing 125% of the federal poverty guideline for household size of 3

2022 Real Property Notice of Assessment

Mortgage statement showing current balance

IRA statement

 

with these documents, this sponsor has more than enough evidence to qualify, wouldn't you agree?

 

Based on what you reported here, yes, I agree that your sponsor has more than enough income to qualify.

 

Am not familiar with an IRA but perhaps the Immigration Officer also thinks that the IRA is not liquid?  

 

Or perhaps you have just been unlucky in this instance.  It seems like you can re-submit the same evidence or you can find another sponsor, or you could find a job to cover the income requirement yourself.  It seems like your judgement call.

 

[OldUser 5,166]

@lovinglive I agree with you, it's likely related to the fact that some assets are not liquid enough to be taken into equation.

Finding a job is not an option, since one needs 3 years of tax returns showing qualifying amounts. Even if the OP hypothetically gets a paycheck for $250000 today for month of October 2022, that would not be enough.

My vote is for getting another sponsor, no matter how annoying and difficult it is.