Income question

[Steve64 1]

I will soon begin to fill out the paperwork for the I-129 fiance visa. I have a question regarding income. I am on social security disability and my income falls slightly short of the yearly requirements on the affidavit of support. I believe it says you must make at least 25% more then the federal poverty level. Because of my disability my minor daughter also receives social security disability benefits. Am I able to use her income in addition to mine to meet the required income? I also have my home paid in full. Will this help me? Any info you can pass along would be appreciated.

[Stephen + Elisha 92]

Affidavit of support comes during the consulate stage of the K-1 process... moving to Embassy and Consular Discussion...

[Gary and Alla 3,694]

I will soon begin to fill out the paperwork for the I-129 fiance visa. I have a question regarding income. I am on social security disability and my income falls slightly short of the yearly requirements on the affidavit of support. I believe it says you must make at least 25% more then the federal poverty level. Because of my disability my minor daughter also receives social security disability benefits. Am I able to use her income in addition to mine to meet the required income? I also have my home paid in full. Will this help me? Any info you can pass along would be appreciated.

For the I-134 at the consulate level (visa) NO you cannot use your daughter's income. For the I-864, for the AOS household members income incomes CAN be combined for qualification. Your SSDI "counts" as acceptable income but as it is not enough, you will need a co-sponsor. I believe (someone can correct me if I am wrong) that Manilla requires the co-sponsor be a family member. The co-sponsors income must be sufficient two support their OWN family AND your fiancee. It is not combined with your income.

You do not need to provide finanical information until the visa interview, so go ahead and file the petition now and work on a co-sponsor, OR another form of income for yourself if possible.

having your home paid helps in that you can use it as an asset and this should easily put you over the top if you are nearly there now. Get a professional apprasal and a statement that the house is owned free and clear.

Edited September 11, 2009 by Gary and Alla

[WhidbeyGirl 1]

Just curious - why wouldn't his minor daughters SSDI count? Child support counts - at least for the I-864, this would be the same thing wouldn't it??

[MikenKyhen 0]

I bet if you are close to meeting the income requirements with your ss benefits then having your house paid in full will probably put you over the top. Good luck.

[Gary and Alla 3,694]

Just curious - why wouldn't his minor daughters SSDI count? Child support counts - at least for the I-864, this would be the same thing wouldn't it??

His daughters income is paid to his daughter. it is NOT his income. Child support only counts if it is paid/ordered to the parent/petitioner. You cannot claim income paid to someone else as yours. IF the SSDI payments for his daughter are made payable to him, then he can claim them as income.