Disabled Veteran - Documents needed for Affidavit of Support?

[Kish.2328 9]

Hello! I am asking this in behalf of my friend. He is a disabled veteran who filed a petition for his fiancée. He is receiving VA benefits which is non-taxable and a Social Security benefits which is taxable but never filed taxes for it. Obviously, his VA benefits are much more than his Social Security.

Now, my question is, in regards with the affidavit of support, does he only need the VA and SS statement of benefits along with his affidavit of support? Does he need to call IRS and ask for an exemption statement? Any input will be much appreciated.

[L+T 71]

Hello! I am asking this in behalf of my friend. He is a disabled veteran who filed a petition for his fiancée. He is receiving VA benefits which is non-taxable and a Social Security benefits which is taxable but never filed taxes for it. Obviously, his VA benefits are much more than his Social Security.

Now, my question is, in regards with the affidavit of support, does he only need the VA and SS statement of benefits along with his affidavit of support? Does he need to call IRS and ask for an exemption statement? Any input will be much appreciated.

Good question?? If you are worried about not having tax return, why not file a quick 1040EZ for 2011... even if taxes are not owed. Can even file back several years without penalty as long as nothing was due.

Edited March 20, 2012 by Thomas70

[StraightShooter 62]

Hello! I am asking this in behalf of my friend. He is a disabled veteran who filed a petition for his fiancée. He is receiving VA benefits which is non-taxable and a Social Security benefits which is taxable but never filed taxes for it. Obviously, his VA benefits are much more than his Social Security.

Now, my question is, in regards with the affidavit of support, does he only need the VA and SS statement of benefits along with his affidavit of support? Does he need to call IRS and ask for an exemption statement? Any input will be much appreciated.

He probably falls under exemptions per IRS Publications 525 & 907 for his disability income and if his SS income is low enough to not require filing. If he doesn't have to file, he doesn't have to file. No sense for him to file if he doesn't normally need to just to satisfy the K1 process.

All he has to do is cite the IRS publications which exempt him from filing. Have him read those pubs and see if that's his circumstance. They're online. There may also be other publications applicable for him as well. He could check with a professional tax preparer for those. The I-134 is an affidavit with perjury penalties so if he says he doesn't have to file, then that's pretty much it.

Some folks say to print out the whole pub and include it with the I-134, but I would think that would be pointless. The adjudicators know that there are people who have non-taxable income and they're not going to read the entire publication.

Best of luck to him on his journey!

[StraightShooter 62]

A couple more things...

Yes, he should submit copies of his Award letters and/or income statements for the last few years. And for Social Security, copies of his letters telling him that there would be no increases on certain years.

He should also be made aware that he may have to start filing after he gets married and his new wife goes to work.

[L+T 71]

He probably falls under exemptions per IRS Publications 525 & 907 for his disability income and if his SS income is low enough to not require filing. If he doesn't have to file, he doesn't have to file. No sense for him to file if he doesn't normally need to just to satisfy the K1 process.

All he has to do is cite the IRS publications which exempt him from filing. Have him read those pubs and see if that's his circumstance. They're online. There may also be other publications applicable for him as well. He could check with a professional tax preparer for those. The I-134 is an affidavit with perjury penalties so if he says he doesn't have to file, then that's pretty much it.

Some folks say to print out the whole pub and include it with the I-134, but I would think that would be pointless. The adjudicators know that there are people who have non-taxable income and they're not going to read the entire publication.

Best of luck to him on his journey!

Seems like less work just to file an EZ.

[StraightShooter 62]

Seems like less work just to file an EZ.

Nope.

[L+T 71]

Nope.

why, an EZ is 5-10 minutes... you have him reading 2 publications, as well as calling and consulting with a tax professional.

[StraightShooter 62]

why, an EZ is 5-10 minutes... you have him reading 2 publications, as well as calling and consulting with a tax professional.

I don't have him consulting with anyone. I said there MAY be other things to consider in his case. That's a qualifier, not a directive. We don't know all the details of that veteran's circumstance. I simply pointed out a thoroughness item.

And everything that he would need (SS & VA income statements, etc.) in order to file for the EZ are already required for the I-134 and he should already have them on hand.

Finding the applicable IRS publication number(s) is the hard part and I've already provided those in my post. Reading the instructions on the EZ form would take longer than scanning a table of contents and electronically searching a .pdf file.

He could do what I suggested in less than 10 minutes AND he doesn't have to mess with the IRS.

Filing a tax return when not required is just a waste of time.

[L+T 71]

I don't have him consulting with anyone. I said there MAY be other things to consider in his case. That's a qualifier, not a directive. We don't know all the details of that veteran's circumstance. I simply pointed out a thoroughness item.

And everything that he would need (SS & VA income statements, etc.) in order to file for the EZ are already required for the I-134 and he should already have them on hand.

Finding the applicable IRS publication number(s) is the hard part and I've already provided those in my post. Reading the instructions on the EZ form would take longer than scanning a table of contents and electronically searching a .pdf file.

He could do what I suggested in less than 10 minutes AND he doesn't have to mess with the IRS.

Filing a tax return when not required is just a waste of time.

Very sorry, i did not understand what you said, I thought you wanted him to read and cite 2 publications, and check with a tax advisor to see if there are other publications he may need to also read and cite. my mistake. I see now all he needs to do is scan a table of contents and electronically search a .pdf file, and this will take less than 10 minutes, because filing a 12 line EZ return is messing with the IRS and a waste of time.

[StraightShooter 62]

Very sorry, i did not understand what you said, I thought you wanted him to read and cite 2 publications, and check with a tax advisor to see if there are other publications he may need to also read and cite. my mistake. I see now all he needs to do is scan a table of contents and electronically search a .pdf file, and this will take less than 10 minutes, because filing a 12 line EZ return is messing with the IRS and a waste of time.

Glad you figured it out.

[DaveE 178]

The VA doesn't provide a yearly form 1099 so he has nothing to document. I don't know what social security provides, but I know about the VA. VA disability is not taxable and does not count as income for IRS purposes.

However, when I submitted the stuff for my wifes K1 visa and AOS, I just printed out the statement from the DFAS website for my VA Disability, and Combat Related Special Compensation, highlighting the amounts received. If you have no taxable "income", the CO has seen it before and knows what to expect.

[StraightShooter 62]

The VA doesn't provide a yearly form 1099 so he has nothing to document. I don't know what social security provides, but I know about the VA. VA disability is not taxable and does not count as income for IRS purposes.

However, when I submitted the stuff for my wifes K1 visa and AOS, I just printed out the statement from the DFAS website for my VA Disability, and Combat Related Special Compensation, highlighting the amounts received. If you have no taxable "income", the CO has seen it before and knows what to expect.

Exactly.

I have my initial Award letter(s) and get an annual letter from the VA telling me the new amount that I will be receiving, if any. Social Security sends a 1099. Those are what are needed to be included with the I-134 and the I-864 (when the time comes) as proof of income.

As for the IRS filing exemption... here's the requirement straight from the I-864 instructions:

If you were not required to file a Federal income tax return under U.S. tax law because your income was too low, attach a written explanation. If you were not required to file a Federal income tax return under U.S. tax law for any other reason, attach a written explanation including evidence of the exemption and how you are subject to it.

With the info he already has at hand, he should be good to go.

[KayDeeCee 4,891]

Send a letter of explanation stating that he was not required to file taxes because his income is non-taxable income and was not required to legally file according to IRS Pubs XXX and XXX. No need to show the actual Pubs. Just show the documents from the government that state how much he is given and what it is for his VA and SS benefits. If he gets his checks through direct deposit, he can print out a few months of bank statements showing they are deposited to his account each month to establish he does indeed make the income amounts he is claiming, since there are no tax transcripts to back it up otherwise.