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Posted

Hi guys and gals, now it is my time to stress...

Here is my situation:

I have been on workers comp for the past 2 years so according to my tax records I have Zero income. I am just starting litigation with workers comp on a settlement but it could take 6+ months to settle. If I go back 3 years on taxes I was off that year do to being a student and recovering from a different surgery. I am unable to return back to my prior kind of work due to ongoing medical issues related to my injury.

I had talked to my dad about being a sponsor for the I-864 and he said he would. So we requested his tax transcrips and here is were the problem lies. He is a medically retired disabled Vetren, is retired from the Airforce and draws SS. His monthly deposits are around $5000 a month for the rest of his life, more then enough for sponsorship, the problem lies in all but $16,000 is tax free. So on his tax transscripts he only claims $16,000. He owns a house but it has no equity and or just a little bit.

What are we going to have to provide to show his income for the I864? Bank records? Letters from the Vets Admin. and so forth? It's kind of a crappy situation to be in. My doc all along was telling me I would be able to return back to my prior work but after all this time I still have issues and the insurance compy finally said enough is enough. So i am stuck between this litagation and being unable to provide enough income proff. Any ideas?

Thanks.

04-12-08 Married

06-11-08 Mailed I-130 Package

06-18-08 NOA1

08-08-08 NOA2

10-22-08 Interview USEM

10-28-08 Visa Received

11-01-08 POE

That was fast!

Got to love the fact my wife was preggy and even with a RFE @ NVC she was still here in under 5 months!

Posted

Well I dont have any other family. My dad, my sis and my children. I really dont have any close friends to ask either, atleast not ones who make enough to sponsor...my family size will be 5. If i could go back to my old job i make enough and then some.

04-12-08 Married

06-11-08 Mailed I-130 Package

06-18-08 NOA1

08-08-08 NOA2

10-22-08 Interview USEM

10-28-08 Visa Received

11-01-08 POE

That was fast!

Got to love the fact my wife was preggy and even with a RFE @ NVC she was still here in under 5 months!

Posted (edited)

Submit an Affidavit of Support with an explanation and proof of your pending Workmens Comp case. Also submit a co-sponsor Affiavit of Support from your dad with copy of 2007 tax return, 1099 forms, and statement of benefits from VA.

And the trickiest part is to package appropriately your explanation for not filing tax return and lack of current income.

Hi guys and gals, now it is my time to stress...

Here is my situation:

I have been on workers comp for the past 2 years so according to my tax records I have Zero income. I am just starting litigation with workers comp on a settlement but it could take 6+ months to settle. If I go back 3 years on taxes I was off that year do to being a student and recovering from a different surgery. I am unable to return back to my prior kind of work due to ongoing medical issues related to my injury.

I had talked to my dad about being a sponsor for the I-864 and he said he would. So we requested his tax transcrips and here is were the problem lies. He is a medically retired disabled Vetren, is retired from the Airforce and draws SS. His monthly deposits are around $5000 a month for the rest of his life, more then enough for sponsorship, the problem lies in all but $16,000 is tax free. So on his tax transscripts he only claims $16,000. He owns a house but it has no equity and or just a little bit.

What are we going to have to provide to show his income for the I864? Bank records? Letters from the Vets Admin. and so forth? It's kind of a crappy situation to be in. My doc all along was telling me I would be able to return back to my prior work but after all this time I still have issues and the insurance compy finally said enough is enough. So i am stuck between this litagation and being unable to provide enough income proff. Any ideas?

Thanks.

Edited by kalai&malia
Posted

Thanks, well even though I dont have any income I still filled taxes. What helps me out or I think helps me out is I have split custody of my 3 children and I also get the tax write offs and I pay no chid support. Hopefully this will help me in the long run. Would 3 years of records of deposits into his bank account also show enough support? Every month the deposits are the same and on the same day excluding weekends. I know we can get the information as to his awards from the DAV (Disable American Veterns) I just dont know if they can certify it or notarize but maybe they can, they are after all part of the goverment.

Thanks again!

04-12-08 Married

06-11-08 Mailed I-130 Package

06-18-08 NOA1

08-08-08 NOA2

10-22-08 Interview USEM

10-28-08 Visa Received

11-01-08 POE

That was fast!

Got to love the fact my wife was preggy and even with a RFE @ NVC she was still here in under 5 months!

Posted

Anybody else have anything to add?

04-12-08 Married

06-11-08 Mailed I-130 Package

06-18-08 NOA1

08-08-08 NOA2

10-22-08 Interview USEM

10-28-08 Visa Received

11-01-08 POE

That was fast!

Got to love the fact my wife was preggy and even with a RFE @ NVC she was still here in under 5 months!

Posted
Anybody else have anything to add?

You can make up for income under the level with assets. The guideline is 3X the difference between the 125% poverty line and your (or your cosponsor's) income. If your income is $0, then it would be $51,336 worth of assets if it's just you and your spouse (no kids). If the income is $16k a year, then you only have to show $3,336 worth of assets. You can use equity in your house, value of a second vehicle, mutual funds, anything that could reasonably converted to cash within a year.

Posted
Anybody else have anything to add?

You can make up for income under the level with assets. The guideline is 3X the difference between the 125% poverty line and your (or your cosponsor's) income. If your income is $0, then it would be $51,336 worth of assets if it's just you and your spouse (no kids). If the income is $16k a year, then you only have to show $3,336 worth of assets. You can use equity in your house, value of a second vehicle, mutual funds, anything that could reasonably converted to cash within a year.

So if I understand it, my co-sponsor has 16,000 bucks in reportable income even though he makes over $50,000 a year and his house is worth $200,000 but has maybe $10,000 in equity.. we would be short say $10,000 (i dont have the guidelines in front of me) assuming we needed 36,000 in income, correct? Am i understanding it right?

I just hope they will accept his VA comp and Military retirement.

04-12-08 Married

06-11-08 Mailed I-130 Package

06-18-08 NOA1

08-08-08 NOA2

10-22-08 Interview USEM

10-28-08 Visa Received

11-01-08 POE

That was fast!

Got to love the fact my wife was preggy and even with a RFE @ NVC she was still here in under 5 months!

Posted
So if I understand it, my co-sponsor has 16,000 bucks in reportable income even though he makes over $50,000 a year and his house is worth $200,000 but has maybe $10,000 in equity.. we would be short say $10,000 (i dont have the guidelines in front of me) assuming we needed 36,000 in income, correct? Am i understanding it right?

I just hope they will accept his VA comp and Military retirement.

Even if only $16k of it is taxable, isn't the full amount of income on the transcripts as gross? If not, and the NVC/Consulate won't take 3 years worth of stubs (or some other official annual summary statement) then you've still got the asset option. You'd only need $36k in annual income if the household size is 6 people including yourself (i.e. You, your spouse and 4 kids). If that's the case, then you're $20k short in annual income BUT when making up the difference in assets, it has to be THREE TIMES the difference to be made up. $20k times 3 = $60k. If it is just you and your spouse, 125% the poverty level is $17,500. That's a $1,500 difference, times 3 is $4,500. $10k in home equity would cover it and then some.

http://travel.state.gov/visa/immigrants/info/info_1327.html

http://www.uscis.gov/files/form/I-864.pdf (page 9, #29)

Filed: Country: Philippines
Timeline
Posted
Hi guys and gals, now it is my time to stress...

Here is my situation:

I have been on workers comp for the past 2 years so according to my tax records I have Zero income. I am just starting litigation with workers comp on a settlement but it could take 6+ months to settle. If I go back 3 years on taxes I was off that year do to being a student and recovering from a different surgery. I am unable to return back to my prior kind of work due to ongoing medical issues related to my injury.

I had talked to my dad about being a sponsor for the I-864 and he said he would. So we requested his tax transcrips and here is were the problem lies. He is a medically retired disabled Vetren, is retired from the Airforce and draws SS. His monthly deposits are around $5000 a month for the rest of his life, more then enough for sponsorship, the problem lies in all but $16,000 is tax free. So on his tax transscripts he only claims $16,000. He owns a house but it has no equity and or just a little bit.

What are we going to have to provide to show his income for the I864? Bank records? Letters from the Vets Admin. and so forth? It's kind of a crappy situation to be in. My doc all along was telling me I would be able to return back to my prior work but after all this time I still have issues and the insurance compy finally said enough is enough. So i am stuck between this litagation and being unable to provide enough income proff. Any ideas?

Thanks.

good day!!! not a problem if ur not working at the moment. u can use ur add income as a joint sponsor but if it doesnt fit in the povertly line u can ask someone who will be the second joint sponsor goodluck to you!!! :star:

Service Center: California Service Center

Consulate: Manila, Philippines

Marriage: July 16, 2005

I-130 sent: Oct 27, 2007

California Service Center Recieved Oct. 29, 2007

NOA1: Jan 17, 2008

I-130 Approved: April 22, 2008

Received DS-3032/ I-864 Bill: June 3, 2008

AOS bill paid: June 18th 2008

AOS sent : June 30th 2008 Received July 1

AOS cover sheet print out: June 18, 2008

DS230 generated June 22,2008

DS230 PAID June 24, 2004

DS230 received July 3, 2008

NVC Case Completed July 14, 2008

NVC send the Case Complete to USEM Manila: Aug. 5th 2008

USEM recieved complete case from NVC Aug 8th 2008

paid debros aug 22,2008

Medical Sept 9,10 He passed Thank you God. God is always good.

Interview Date: Sept 29, 2008 at USEM Manila 8:30AM APPROVED!!!

Visa In hand: Oct 2, 2008 yahoo

POE Nov 17, 2008.

Green Card and S.S received Nov 28th, 2008

7420.gif

Posted

Well Vetrens benifits are not even reportable. This amounts to almost 2500 a month of his income whis is 30,000 a year tax free. His retirement from the military is about $1000 a month tax free.

I guess I am having a problem wrapping my head around how this is figured out. Let me try again, he has 16,000 in income on his taxes. I need 31,000 in income or 31,000 - 16,000 = 15,000 x 3 = 45,000 in assets. Is this correct? if so...grr that isnt going to work. God I hope they will accept his un reportable income, after all it comes from the federal goverment.

I wonder if I could get a expidite do to finacial hardship...lol. God I hope my attny hurries up on this litigation.

04-12-08 Married

06-11-08 Mailed I-130 Package

06-18-08 NOA1

08-08-08 NOA2

10-22-08 Interview USEM

10-28-08 Visa Received

11-01-08 POE

That was fast!

Got to love the fact my wife was preggy and even with a RFE @ NVC she was still here in under 5 months!

Filed: Country: Philippines
Timeline
Posted

hi there. if its not insufficient u can ask another joint sponsor as long u meet the poverty line. i think they more concern about being public charge if you dont meet the poverty line goodluck

Service Center: California Service Center

Consulate: Manila, Philippines

Marriage: July 16, 2005

I-130 sent: Oct 27, 2007

California Service Center Recieved Oct. 29, 2007

NOA1: Jan 17, 2008

I-130 Approved: April 22, 2008

Received DS-3032/ I-864 Bill: June 3, 2008

AOS bill paid: June 18th 2008

AOS sent : June 30th 2008 Received July 1

AOS cover sheet print out: June 18, 2008

DS230 generated June 22,2008

DS230 PAID June 24, 2004

DS230 received July 3, 2008

NVC Case Completed July 14, 2008

NVC send the Case Complete to USEM Manila: Aug. 5th 2008

USEM recieved complete case from NVC Aug 8th 2008

paid debros aug 22,2008

Medical Sept 9,10 He passed Thank you God. God is always good.

Interview Date: Sept 29, 2008 at USEM Manila 8:30AM APPROVED!!!

Visa In hand: Oct 2, 2008 yahoo

POE Nov 17, 2008.

Green Card and S.S received Nov 28th, 2008

7420.gif

Posted
hi there. if its not insufficient u can ask another joint sponsor as long u meet the poverty line. i think they more concern about being public charge if you dont meet the poverty line goodluck

Are you saying have 2 joint sponsors that equal 31,000? As I stated I have no family besides my dad and sister and my kids. I doubt any of my friends would jump on board, many if not all dont make that much per year.

04-12-08 Married

06-11-08 Mailed I-130 Package

06-18-08 NOA1

08-08-08 NOA2

10-22-08 Interview USEM

10-28-08 Visa Received

11-01-08 POE

That was fast!

Got to love the fact my wife was preggy and even with a RFE @ NVC she was still here in under 5 months!

Posted

The income for the I-864 does not have to be taxable income. The VA disability is income. I get a yearly letter from the VA that says how much income I get from them. Add all income sources together and provide documentation of the income. You don't need a different joint sponsor and you don't need to show assets. His income is adequate.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

 
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