K1 AOS RFE - I864 Joint Sponsor Retired

[alg_ 7]

Finally managed to submit my K1 AOS in the middle of December and received an RFE for the I864 asking for a joint sponsor. We asked my mother in law and she agreed to be our joint sponsor but I am unsure of what to submit in the RFE package. She retired last month and hasn't actually received her first Social Security check. We put she's retired on the form but on her income we put the income on her last tax transcript from when she still worked which is almost double the Poverty Guidelines. We also mentioned in the additional information section that she recently retired and hasn't received any Social Security so we don't know exactly how much she'll be getting. We're submitting the form, her tax transcripts for the last 3 years and her birth certificate. Is there an anything we should be including or mentioning?

[Vickys_Mom 274]

1 hour ago, alg_ said:

We also mentioned in the additional information section that she recently retired and hasn't received any Social Security so we don't know exactly how much she'll be getting.

 

If she hasn't already have her create a login to her account at the Social Security website.  One of the things she'll be able to access there is a document called Your Social Security Statement which will give an estimated amount of her monthly benefit.  I'm not sure I would include that document with your paperwork for USCIS (I mean, you could), but at least you'll have a good guess as to what the amount will be.

 

For the rest of us, anyone who pays into Social Security can do the same.  The statement also tells you what it thinks you paid into Social Security and what it thinks you might receive as a monthly benefit depending on when you retire.

 

Regards,

Vicky's Mom

[JeanneAdil 7,457]

47 minutes ago, Vickys_Mom said:

 

If she hasn't already have her create a login to her account at the Social Security website.  One of the things she'll be able to access there is a document called Your Social Security Statement which will give an estimated amount of her monthly benefit.  I'm not sure I would include that document with your paperwork for USCIS (I mean, you could), but at least you'll have a good guess as to what the amount will be.

 

For the rest of us, anyone who pays into Social Security can do the same.  The statement also tells you what it thinks you paid into Social Security and what it thinks you might receive as a monthly benefit depending on when you retire.

 

Regards,

Vicky's Mom

Yes, submit the page from her SS account but also submit the document showing she has applied for SS / it isn't automatic / we have to apply 

there should be the amount minus the medicare that automatically comes out with each SSA payment /so she know what to expect in income

[alg_ 7]

12 hours ago, Vickys_Mom said:

 

If she hasn't already have her create a login to her account at the Social Security website.  One of the things she'll be able to access there is a document called Your Social Security Statement which will give an estimated amount of her monthly benefit.  I'm not sure I would include that document with your paperwork for USCIS (I mean, you could), but at least you'll have a good guess as to what the amount will be.

 

For the rest of us, anyone who pays into Social Security can do the same.  The statement also tells you what it thinks you paid into Social Security and what it thinks you might receive as a monthly benefit depending on when you retire.

 

Regards,

Vicky's Mom

Is she supposed to have that as her income on the I864 or should she stick with the income on her tax transcripts? 

Edited yesterday at 07:56 AM by alg_

[JeanneAdil 7,457]

4 hours ago, alg_ said:

Is she supposed to have that as her income on the I864 or should she stick with the income on her tax transcripts? 

she can provide any evidence of retirement income from her job that she is getting

she is not working now so if no retirement and no SSA and no job,  her income is 0 at the present time

[alg_ 7]

6 hours ago, JeanneAdil said:

she can provide any evidence of retirement income from her job that she is getting

she is not working now so if no retirement and no SSA and no job,  her income is 0 at the present time

That makes no sense. Why would I put $0 as her income when her tax returns show close to 70k and she literally just retired last month. Why would I make my joint sponsor application look bad for no reason and risk getting denied? She will be getting social security and retirement soon, she just hasn't received any yet. I wouldn't even have this problem if I had received the RFE before she retired. 

From the I-864 Instructions:

Quote

For purposes of this affidavit, the line for Total Income on IRS Forms 1040 and 1040A will be considered when

determining income. For persons filing IRS Form 1040 EZ, the line for adjusted gross income will be considered

The Total Income on the IRS forms is more than double the federal poverty guidelines. 

 

The I-864 Instructions are kind of vague and don't really provide an definite answer on this particular situation of a sponsor being retired:

Quote

Item Number 7. Current Individual Annual Income. Type or print your current, individual, earned or retirement,

annual income that you are using to meet the requirements of this affidavit and indicate the total in the space provided.

You may include evidence supporting your claim about your expected income for the current year if you believe that

submitting this evidence will help you establish ability to maintain sufficient income. You are not required to submit this

evidence, however, unless specifically instructed to do so by a U.S. Government official. For example, you may include

a recent letter from your employer, showing your employer’s address and telephone number, and indicating your annual

salary. You may also provide pay stubs showing your income for the previous six months. If your claimed income

includes alimony, child support, dividend or interest income, or income from any other source, you may also include

evidence of that income. However, you may not include any means-tested public benefits as income for the purposes of

meeting the income requirement

 

She's using her earned income from her job that she just retired from to meet the requirements. The money you've earned doesn't just magically disappear when you retire.

 

 

 

[Crazy Cat 46,154]

22 hours ago, alg_ said:

The money you've earned doesn't just magically disappear when you retire.

Actually, it does for determining current annual income support for an immigrant because it is not CURRENT income.  CURRENT income (and income which will be earned over the following year after immigrant arrival) is king.  In other words, the income a sponsor/petitioner will have over the following 12 months after an immigrant enters the US is what supports that immigrant in the form of current annual income.  That is CURRENT ANNUAL INCOME...not what was earned in previous years.  Example:  If I earned 100K last year, but I just lost my job.....My CURRENT annual income is now $0 if I am currently unemployed (with no other income coming). 

 

On an I-864, there are 2 areas. CURRENT annual income (PART 6 item 7) is separate from the tax info the sponsor must provide in boxes PART 6 items 16.a-16.c.   In other words, unless a person is self-employed, past tax reporting is not relevant to CURRENT income.

 

If you want to include saved funds from previous employment, it is not income...it would be liquid assets.

 

An unemployed sponsor should report current annual income as $0.00.   Normally, CURRENT ANNUAL INCOME is supported by pay stubs, employment letters for W-2 employees, or profit/loss sheets in the case of self-employed sponsors. 

 

Note:  CURRENT ANNUAL INCOME can include Social Security, Retirement pensions, and even non-taxable income, etc. 

Edited 3 hours ago by Crazy Cat

[Crazy Cat 46,154]

On 1/29/2026 at 12:29 PM, alg_ said:

Is there an anything we should be including or mentioning?

I would include what her current annual income over the next 12 months will be (with supporting documents).  If that income is insufficient or unknown(since she is now  retired), I would find a different joint sponsor.

 

If you entered her last tax transcript amount as her current annual income on the I-864, that was a mistake.

Edited 3 hours ago by Crazy Cat