Help filling out form i-864 for my wife. : (

[CitizenWheelz 9]

Hi,

I am  originally from Peru living here in the United States as a US Citizen.

 

Last year, I submited the i-130 form for my wife who is currently in Peru and the petition just got approved last month and now I am in the process of filling out the i-864 affidavit forms. 

My personal situation: I am a physical disabled individual, never worked before and my only source of income is SSI $950 a month (Suplemental Security Income), no other income and not personal assets.  I am not required to file taxes and I asked my niece who is also a US Citizen to be my wife's sponsor. 

 

Last year, 2022 was my niece's (sponsor) first time filling taxes and she made around 50K. 

Question 1:

Can my niece be good enough to be my wife's sponsor with one year only of income tax? 
She is still employed and currently working.

Question 2: Form i-864 for myself (the petitioner)
Part 5: Question 7
My current individual annual income.
Is this referring to work income only? or should I add my SSI monthly payments?

 

Question 3: Form i-864 for myself (the petitioner)
Part 6: Question 20
My current annual household income is:
Should I add my monthly SSI payments? Does SSI payments counts as annual household income?

Question 4: Form i-864 for my niece (the sponsor)
Part 6: 23.A
Have you filed a federal income tax return for each of the three most recent tax years? 
I answered to this question NO because my niece only has one year of income tax.
Did I answered this correctly?

Question 5: Form i-864 for myself (the petitioner).
I am not required to file taxes and my SSI payments are below the poverty line.  

 

1: Should I include my social security statement where it shows all the years that I never report income?

2: or should I attach my social security benefit verification letter where it shows my current SSI payments?

Filling out this form is very important for me since I don't have the money to hire a lawyer and I have a special need to have my wife here with me.

[pushbrk 12,182]

1 hour ago, CitizenWheelz said:

Hi,

I am  originally from Peru living here in the United States as a US Citizen.

 

Last year, I submited the i-130 form for my wife who is currently in Peru and the petition just got approved last month and now I am in the process of filling out the i-864 affidavit forms. 

My personal situation: I am a physical disabled individual, never worked before and my only source of income is SSI $950 a month (Suplemental Security Income), no other income and not personal assets.  I am not required to file taxes and I asked my niece who is also a US Citizen to be my wife's sponsor. 

 

Last year, 2022 was my niece's (sponsor) first time filling taxes and she made around 50K. 

Question 1:

Can my niece be good enough to be my wife's sponsor with one year only of income tax? 
She is still employed and currently working.

Yes

 

1 hour ago, CitizenWheelz said:

Question 2: Form i-864 for myself (the petitioner)
Part 5: Question 7
My current individual annual income.
Is this referring to work income only? or should I add my SSI monthly payments?

You can state the monthly times 12 there

 

1 hour ago, CitizenWheelz said:

 

Question 3: Form i-864 for myself (the petitioner)
Part 6: Question 20
My current annual household income is:
Should I add my monthly SSI payments? Does SSI payments counts as annual household income?

The form will automatically populate that field

 

1 hour ago, CitizenWheelz said:

Question 4: Form i-864 for my niece (the sponsor)
Part 6: 23.A
Have you filed a federal income tax return for each of the three most recent tax years? 
I answered to this question NO because my niece only has one year of income tax.
Did I answered this correctly?

Yes

 

1 hour ago, CitizenWheelz said:

Question 5: Form i-864 for myself (the petitioner).
I am not required to file taxes and my SSI payments are below the poverty line.  

 

1: Should I include my social security statement where it shows all the years that I never report income?

2: or should I attach my social security benefit verification letter where it shows my current SSI payments?

Filling out this form is very important for me since I don't have the money to hire a lawyer and I have a special need to have my wife here with me.

Yes, to 1 and 2.  Consular Officers and NVC understand your SSI is not taxable, and not actually considered.  Nothing wrong with stating it, but it will not help.  You must also understand that the Consular Officer's decision is about how likely it is your wife will become a public charge.  It is not just about whether your niece qualifies on paper.  They are trained to consider "the totality of circumstance" which is going to include your wife's employability and ability to support HERSELF.  They will want to know your plan for how the  two of you will sustain yourselves without her receiving means tested benefits.  You joint sponsor needs to know this too, because she's signing a contract obligating HER to repay the taxpayers for any of those benefits.  This contract does not have a clear expiration date.  Yes, there are ways for the obligation to expire, but there is no guarantee, any of those things will happen, potentially obligating the joint sponsor for the rest of their life.

 

You say you have a special need for your wife to be with you.  If that need means she won't be working, you'll be facing a potential denial, no matter what your niece's circumstances are.

[CitizenWheelz 9]

9 minutes ago, pushbrk said:

You say you have a special need for your wife to be with you.  If that need means she won't be working, you'll be facing a potential denial, no matter what your niece's circumstances are.

Thanks for your quick reply, here goes the other part of my situation. We have a 2 years old daughter who was born in Peru but already adquired US Citizenship through  CRBA. My special need for my wife to be here with me is my daughter, who inherited my medical condition and needs medical treatment here in the US, is nothing mayor or no life LIFE-THREATENING but needs medical treatment. 

 

Our daughter is still very young and needs to travel with mom, this is the main reason why I need my wife to be here with me.

 

Also, in my i-864 form, should I include my daughter in my household? Even if she is not living here in the US with me?

Regarding my SSI income, should I include this in my i-864 form? I read in other places that SSI don't look good for NVC.

Thanks!

[SalishSea 16,835]

Just curious as to how you originally obtained your GC prior to US citizenship?   I would have thought the public charge/being permanently disabled and never able to work would have been a barrier.

[pushbrk 12,182]

12 minutes ago, CitizenWheelz said:

Thanks for your quick reply, here goes the other part of my situation. We have a 2 years old daughter who was born in Peru but already adquired US Citizenship through  CRBA. My special need for my wife to be here with me is my daughter, who inherited my medical condition and needs medical treatment here in the US, is nothing mayor or no life LIFE-THREATENING but needs medical treatment. 

 

Our daughter is still very young and needs to travel with mom, this is the main reason why I need my wife to be here with me.

 

Also, in my i-864 form, should I include my daughter in my household? Even if she is not living here in the US with me?

Regarding my SSI income, should I include this in my i-864 form? I read in other places that SSI don't look good for NVC.

Thanks!

Yes, you have a household of three, but your niece has herself, and your wife plus any husband or children of hers.  You and your daughter are NOT part of her household.  You have not addressed your wife's potential employment.  This is critical to your ultimate success, as nobody is actually expecting your niece to be supporting your family.

[CitizenWheelz 9]

4 minutes ago, pushbrk said:

Yes, you have a household of three, but your niece has herself, and your wife plus any husband or children of hers.  You and your daughter are NOT part of her household.  You have not addressed your wife's potential employment.  This is critical to your ultimate success, as nobody is actually expecting your niece to be supporting your family.

Thanks again for your quick reply!

 

My niece is about to be 21 years old, single, no children so I guess her total household in this case should be 2, counting her and my wife.

In current income for my niece  i-864 form I  entered 35K since this is what she is expecting to earn this year, last year 2022 she made about 50K because she worked 2 jobs. Did I answered this correctly? Correct me if I am wrong.

 

I have pretty much all my family here in the United States, most of them are US Citizens and green card holders, they alll are currently working but all of them have dependents, so my niece was the better option as a joint sponsor.

My wife is not physical or mentally disabled so I assumed she will find a job to support herself with the help of my family here while she attend college to find a better employment opportunity.

 

To conclude this, should I include my SSI income as my current individual total income? I read in other places that NVC don't count SSI as income and therefor should not be included in the form. If you can guide me here I will be really thanksful. 

[pushbrk 12,182]

14 minutes ago, CitizenWheelz said:

Thanks again for your quick reply!

 

My niece is about to be 21 years old, single, no children so I guess her total household in this case should be 2, counting her and my wife.

In current income for my niece  i-864 form I  entered 35K since this is what she is expecting to earn this year, last year 2022 she made about 50K because she worked 2 jobs. Did I answered this correctly? Correct me if I am wrong.

 

I have pretty much all my family here in the United States, most of them are US Citizens and green card holders, they alll are currently working but all of them have dependents, so my niece was the better option as a joint sponsor.

My wife is not physical or mentally disabled so I assumed she will find a job to support herself with the help of my family here while she attend college to find a better employment opportunity.

 

To conclude this, should I include my SSI income as my current individual total income? I read in other places that NVC don't count SSI as income and therefor should not be included in the form. If you can guide me here I will be really thanksful. 

Include the SSI or don't.  It doesn't change your qualification, but does provide some facts.  You've already indicated your unemployed or disabled status on your petition.

 

The Consular Officer is still going to consider how you and your family are going to be supported.  Your wife will need to clearly explain that at interview.  Her current employability is what is going to matter most.  Are you now living with family?  Is that also your plan when your family is together?

[CitizenWheelz 9]

4 minutes ago, pushbrk said:

Include the SSI or don't.  It doesn't change your qualification, but does provide some facts.  You've already indicated your unemployed or disabled status on your petition.

 

The Consular Officer is still going to consider how you and your family are going to be supported.  Your wife will need to clearly explain that at interview.  Her current employability is what is going to matter most.  Are you now living with family?  Is that also your plan when your family is together?

Thanks again!

 

Sorry to ask you this, but if I decide not to include my SSI Income in the i-864 form, what should i enter here instead? 0?

Regarding my niece i-864 form, where it ask for current annual income, is this the income that she is expecting to earn this year correct? and not the income that she made last year.

 

Thanks again for all your replies and help, i was very lost filling out this form :- (

[pushbrk 12,182]

32 minutes ago, CitizenWheelz said:

Thanks again!

 

Sorry to ask you this, but if I decide not to include my SSI Income in the i-864 form, what should i enter here instead? 0?

Regarding my niece i-864 form, where it ask for current annual income, is this the income that she is expecting to earn this year correct? and not the income that she made last year.

 

Thanks again for all your replies and help, i was very lost filling out this form :- (

Think in terms of the truth, so $0

Niece calculates her current income as the gross for a full pay period (on her pay stub) times the number of pay periods in a full year.  1k a week is 50k.  Last year is not "current".  Again, tell the truth.  Think of what the truth is and then tell it.

 

If you start a job today after X time unemployed, your "current income" is calculated the same way.  It's not THIS year.  It's "for the next 12 months".

 

[CitizenWheelz 9]

13 minutes ago, pushbrk said:

Think in terms of the truth, so $0

Niece calculates her current income as the gross for a full pay period (on her pay stub) times the number of pay periods in a full year.  1k a week is 50k.  Last year is not "current".  Again, tell the truth.  Think of what the truth is and then tell it.

 

If you start a job today after X time unemployed, your "current income" is calculated the same way.  It's not THIS year.  It's "for the next 12 months".

 

does the gross income counts as per paycheck? Or the total amount she takes home a week? For example her gross and current income per week as of today is about 800$ a week but the total amount she takes home is about $650. Which of the two should I include? I'm afraid that she won't be elegible as a sponsor.

 

Can you help me here please? Thanks! 

[SalishSea 16,835]

1 hour ago, CitizenWheelz said:

does the gross income counts as per paycheck? Or the total amount she takes home a week? For example her gross and current income per week as of today is about 800$ a week but the total amount she takes home is about $650. Which of the two should I include? I'm afraid that she won't be elegible as a sponsor.

 

Can you help me here please? Thanks! 

It’s gross income.  She’s young and low income, so you’re right to be worried.  I’m not sure how strict the Peru consulate is, but the public charge evaluation is based on totality of circumstances.   Yourself already being a public charge is a negative,  in addition to her age and income.   You might need a plan B.

[CitizenWheelz 9]

12 minutes ago, SalishSea said:

It’s gross income.  She’s young and low income, so you’re right to be worried.  I’m not sure how strict the Peru consulate is, but the public charge evaluation is based on totality of circumstances.   Yourself already being a public charge is a negative,  in addition to her age and income.   You might need a plan B.

Hi, thanks for your reply. 

 

According to USCIS a sponsor with a household of 2, needs to meet 125% of HHS poverty guideline which is $24,650. Please correct me if I'm wrong. My niece's gross income from last year 2022 was about 50K and her current income for this year 2023 is about 31K. 

 

Can my niece still qualify? As I mentioned earlier, my wife is not physically or mentally disabled and she should be able to find a job with the help of my family here. Is not the purpose of her to be a public charge here, even myself i am planning to finish my studies to get out of public charge and find an office job where I can transport myself using my power wheelchair. 

 

I want to make the i864 as simple as possible and straight forward without asking another family member to be a joint sponsor. Please guide me to the right path, and I am really thanksful to all of you who replied. Thanks again!! 

[beloved_dingo 1,939]

17 hours ago, CitizenWheelz said:

does the gross income counts as per paycheck? Or the total amount she takes home a week? For example her gross and current income per week as of today is about 800$ a week but the total amount she takes home is about $650. Which of the two should I include? I'm afraid that she won't be elegible as a sponsor.

 

Can you help me here please? Thanks! 

Gross income is income earned BEFORE deductions/taxes are taken out. So if her gross pay on her current paystubs are ~$800 per week, her gross annual income is ~$41,600. 

[pushbrk 12,182]

20 hours ago, CitizenWheelz said:

Hi, thanks for your reply. 

 

According to USCIS a sponsor with a household of 2, needs to meet 125% of HHS poverty guideline which is $24,650. Please correct me if I'm wrong. My niece's gross income from last year 2022 was about 50K and her current income for this year 2023 is about 31K. 

 

Can my niece still qualify? As I mentioned earlier, my wife is not physically or mentally disabled and she should be able to find a job with the help of my family here. Is not the purpose of her to be a public charge here, even myself i am planning to finish my studies to get out of public charge and find an office job where I can transport myself using my power wheelchair. 

 

I want to make the i864 as simple as possible and straight forward without asking another family member to be a joint sponsor. Please guide me to the right path, and I am really thanksful to all of you who replied. Thanks again!! 

You are completely ignoring what I told you about the decision making process.  It is NOT just a matter of her qualifying on paper.  She does.  That's not the issue.  The Consular Officer needs to be convinced YOUR WIFE will not become a public charge.  Your niece is not going to be your mean of support.  When the Consular Officer asks your wife, how the three of you will actually be supported, what will her answer be?

Edited June 23, 2023 by pushbrk

[CitizenWheelz 9]

On 6/23/2023 at 5:57 PM, pushbrk said:

You are completely ignoring what I told you about the decision making process.  It is NOT just a matter of her qualifying on paper.  She does.  That's not the issue.  The Consular Officer needs to be convinced YOUR WIFE will not become a public charge.  Your niece is not going to be your mean of support.  When the Consular Officer asks your wife, how the three of you will actually be supported, what will her answer be?

I'm sorry for the late response but I was doing my homework and looking for more information on my own. I am really thanksful to people like you and others who take some of their time to respond here. 

 

Regarding your point about the decision making process at the NVC, I'm not ignoring it. Actually this is what is keeping me busy and maybe over thinking it. At first I thought about finding a better joint sponsor but if my niece is good enough even for her age and only one year of income, I will just go with her. 

 

At the interview, my wife will simply just tell the truth, always the truth, she is no comming here to be a public charge, since what I get from SSI won't be enough for the 3 of us, so her plan is to find a job as soon as possible. 

 

Also, besides getting my ssi payments I also get rental assistance and I been living on my own for the past couple years, even though I am physically disabled I am very independent, and I will help my wife take care of our kid. 

 

By the way, does my rental assistance helps? Does it counts as income for me? If so, should I also include it? Thanks.