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CristianAmour

Affidavit of Support question/doubt

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Filed: IR-1/CR-1 Visa Country: Colombia
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Here is the thing:

My wife's grand mother is filling the AoS for us as a joint sponsor. Her income is based 100% on "Death benefits" from her husband who passed away 16 years ago.

How does she answer the "employment" section?

She used to have her own business but she closed it in 1997.

Does she have to check the "Retired" box and fill in the blank spaces even though her current income doesn't have anything to do with her retirement?

Or would it be better for her to go with "Unemployed since ___" instead, and maybe attach a letter in which she explains her situation, accompanied by a letter from whatever company issues the pension in which they state how long she's been receiving it and why, etc?

We're really confused about this one and will appreciate all the help we can get.

Thanks in advance.

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Filed: Citizen (pnd) Country: Peru
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Here is the thing:

My wife's grand mother is filling the AoS for us as a joint sponsor. Her income is based 100% on "Death benefits" from her husband who passed away 16 years ago.

How does she answer the "employment" section?

She used to have her own business but she closed it in 1997.

Does she have to check the "Retired" box and fill in the blank spaces even though her current income doesn't have anything to do with her retirement?

Or would it be better for her to go with "Unemployed since ___" instead, and maybe attach a letter in which she explains her situation, accompanied by a letter from whatever company issues the pension in which they state how long she's been receiving it and why, etc?

We're really confused about this one and will appreciate all the help we can get.

Thanks in advance.

i cant answer this question completely, but i will leave you will a thought...it sounds like your grand mother is retired....do not fill out the UNEMPLOYED part...she is retired...the business she used to own in 1997 is pointless with their point of view (they are only concerned with the last 3 years)...they are only concerned with her current, and past 3 years of income, whether that be from SS, pension,IRA's or all of the above....does she receive statements from her pension?? or does she have any other incoming income that comes with any for of statements???

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If she doesn't work, then employment would be unemployed.. if she is retired, then she had indeed to check the retired box.

And, yes, like you said, she should attach a letter with explanation and such, the questions on the affidavit needs to be answered truthfully which apprently is like I said in my first line but you can always add a letter and explantions.

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Filed: IR-1/CR-1 Visa Country: Colombia
Timeline

Lars, I'm not sure if she has any statements, but I will ask her and report back when I have more info.

And yeah, I think the answer would be "retired" but should she name her old business there?

The letter of explanation seems to be a must, either way.

Thanks for the quick replies, by the way.

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Filed: Citizen (pnd) Country: Peru
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Lars, I'm not sure if she has any statements, but I will ask her and report back when I have more info.

And yeah, I think the answer would be "retired" but should she name her old business there?

The letter of explanation seems to be a must, either way.

Thanks for the quick replies, by the way.

i am no expert on this by any means, but she will have to provide proof of her current income (SS...IRA's, Pensions...etc...), whether it be through monthly statements or annual reports...either way it has to be provided....sounds like she would definately have to select the "retired" option on the form, unless she is in fact still pulling in an income through employment....i would suppose she could list her closed business as previous income, but that was 12 years ago........

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Filed: IR-1/CR-1 Visa Country: Colombia
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Lars, I'm not sure if she has any statements, but I will ask her and report back when I have more info.

And yeah, I think the answer would be "retired" but should she name her old business there?

The letter of explanation seems to be a must, either way.

Thanks for the quick replies, by the way.

i am no expert on this by any means, but she will have to provide proof of her current income (SS...IRA's, Pensions...etc...), whether it be through monthly statements or annual reports...either way it has to be provided....sounds like she would definately have to select the "retired" option on the form, unless she is in fact still pulling in an income through employment....i would suppose she could list her closed business as previous income, but that was 12 years ago........

Well this is what she replied when we asked her about the statements, etc:

"My husband worked for the Federal Aviation Agency (FAA).he was an Air Traffic

Controler. All branches of the government are real familia with them. My income is from the Federal Government and is a Survivor Annuity. Then I draw a small Social Security check. The Distribution Code ( box 7) states 4-DEATH-BENEFIT.

on my W2. only mine is like a W2 but called Form CSF 1099R. It says it is PAID BY

OFFICE OF PERSONEL MANAGEMENT RETIREMENT SERVICES PROGRAM. It has all the information on it that they will need I think. I will try to send a copyof it and my Social Security statement so you can see. Don't think we will need a letter. It has a copy B to be mailed with my Income Tax Return."

What do you think?

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Filed: Citizen (pnd) Country: Peru
Timeline
Lars, I'm not sure if she has any statements, but I will ask her and report back when I have more info.

And yeah, I think the answer would be "retired" but should she name her old business there?

The letter of explanation seems to be a must, either way.

Thanks for the quick replies, by the way.

i am no expert on this by any means, but she will have to provide proof of her current income (SS...IRA's, Pensions...etc...), whether it be through monthly statements or annual reports...either way it has to be provided....sounds like she would definately have to select the "retired" option on the form, unless she is in fact still pulling in an income through employment....i would suppose she could list her closed business as previous income, but that was 12 years ago........

Well this is what she replied when we asked her about the statements, etc:

"My husband worked for the Federal Aviation Agency (FAA).he was an Air Traffic

Controler. All branches of the government are real familia with them. My income is from the Federal Government and is a Survivor Annuity. Then I draw a small Social Security check. The Distribution Code ( box 7) states 4-DEATH-BENEFIT.

on my W2. only mine is like a W2 but called Form CSF 1099R. It says it is PAID BY

OFFICE OF PERSONEL MANAGEMENT RETIREMENT SERVICES PROGRAM. It has all the information on it that they will need I think. I will try to send a copyof it and my Social Security statement so you can see. Don't think we will need a letter. It has a copy B to be mailed with my Income Tax Return."

What do you think?

i'm going to let some of the more experienced members on here add to this...the question that i think you need to be asking youself, is, does all this income add up enough to qualify for sponsorship?......after the weekend is over i am sure some of the more experience people here will give some insight.....

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Filed: IR-1/CR-1 Visa Country: Colombia
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does all this income add up enough to qualify for sponsorship?

Her household, with me included is: 2

Her annual income is $25000

As far as I know, she only needs $18212 to qualify, so that means she's $6788 over the minimum requirement. Right?

Edited by CristianAmour
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Filed: Citizen (pnd) Country: Peru
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does all this income add up enough to qualify for sponsorship?

Her household, with me included is: 2

Her annual income is $25000

As far as I know, she only needs $18212 to qualify, so that means she's $6788 over the minimum requirement. Right?

her-1...you-2...and your spouse-3....3 is the number you are looking for....

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Filed: IR-1/CR-1 Visa Country: Colombia
Timeline
does all this income add up enough to qualify for sponsorship?

Her household, with me included is: 2

Her annual income is $25000

As far as I know, she only needs $18212 to qualify, so that means she's $6788 over the minimum requirement. Right?

her-1...you-2...and your spouse-3....3 is the number you are looking for....

No. My spouse is the U.S citizen, who has her own income and doesn't live with the joint sponsor. Joint sponsor is her grand mother, who lives in another state all by herself. So her household size is only me and her.

But even if the number was 3, she'd still qualify as, in that case, she'd only need $22887 and, as I said before, she makes $25k a year.

Edited by CristianAmour
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Filed: Citizen (pnd) Country: Peru
Timeline
does all this income add up enough to qualify for sponsorship?

Her household, with me included is: 2

Her annual income is $25000

As far as I know, she only needs $18212 to qualify, so that means she's $6788 over the minimum requirement. Right?

her-1...you-2...and your spouse-3....3 is the number you are looking for....

No. My spouse is the U.S citizen, who has her own income and doesn't live with the joint sponsor. Joint sponsor is her grand mother, who lives in another state all by herself. So her household size is only me and her.

But even if the number was 3, she'd still qualify as, in that case, she'd only need $22887 and, as I said before, she makes $25k a year.

well, she would have to include herself in the counting as well as you and your spouse if she is sponsering (she still needs to provide for herself...right)... and with the looks of it,then, you have it covered (as far as i see)...unless SOMEONE else has anything to contribute....

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Filed: IR-1/CR-1 Visa Country: Colombia
Timeline

"How do I count Household size?

Your household size includes yourself and the followingindividuals, no matter where they live: any spouse, anydependent children under the age of 21, any other dependents listed on your most recent Federal income tax return, allpersons being sponsored in this affidavit of support, and anyimmigrants previously sponsored with a Form I-864 or FormI-864 EZ affidavit of support whom you are still obligated tosupport. If necessary to meet the income requirements to be a sponsor, you may include additional relatives (adult children,parents, or siblings) as part of your household size as long asthey have the same principle residence as you and promise to use their income and resources in support of the intendingimmigrant(s)."

My wife (the U.S citizen and petitioner) doesn't fall under any of these categories as she: A) Doesn't live with her grand mother (much less depend on her) B- Has her own income. C- Is a U.S citizen (it'd be ridiculous for the USCIS/NVC to want a U.S citizen to be sponsored so he/she doesn't become a "public charge")

U.S citizens don't need to be sponsored by the joint sponsors. Basically what sponsoring means is that the intending immigrant won't become a public charge to the federal gvt, but as a U.S citizen, my wife has every right to apply for welfare if she wanted (lol).

The joint sponsor only sponsors the intending immigrant, not both the immigrant and their relative (look it up, it says so on the form).

So, for that reason, her grand mother's household size is 2.

Edited by CristianAmour
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Filed: IR-1/CR-1 Visa Country: Colombia
Timeline
try reading up a little on this: http://www.uscis.gov/files/form/I-864.pdf ...

That's the form I'm referring to here: "The joint sponsor only sponsors the intending immigrant, not both the immigrant and their relative (look it up, it says so on the form)."

And if you scroll down to Part 3 and question #21 you'll see there's no place for you to include anyone but the immigrant and the people who either depend on you, or have the same principal residence and are combining their income with yours by filing the I-864A

I don't see how my wife's grandmother would have to count my wife as another person in her household size (given our particular situation). Care to explain and point me towards the specific part of the form where it says so? Because I don't see anything like that anywhere in the entire form.

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