Affidavit of Support - Proof of Income - Disabled Vet

[Kadagan 0]

Hello,

I recently received my NOA2 and my fiancé and I are gearing up for the interview. I am a 100% P&T disabled US veteran and I'm concerned about the proof of income and Affidavit of Support portions. My income is well beyond poverty level but I haven't filed taxes in years as I have no taxable income and it is a waste of time and money for everyone if I file.

I do however have a letter from the VA stating my income and status... Is this enough?

This concern is gaining momentum in my mind and I'm very concerned... any advice you have would be appreciated.

[jarl 0]

if u were working in government only 100percent poverty guidelines and theirs exemption for that, i think u are qualified.

try look at poverty guidelines who work in goverment.

[Kadagan 0]

Clarification: I have plenty of income but NO tax returns. Is having the letter enough?

[Anh map 2,098]

The VA letter suporting your income claim is what you would submit along with the I-134. For the I-134 your tax return may not be required. Those with experience going through Guangzhou will add their thoughts here.

Shortly after marriage at the Adjustment of Status for your then spouse you will submit the I-864 Affidavit of Support. The instructions for the form I-864 do state that if you did not file tax returns you must supply a written statement giving evidence of why you are not required to file a return. Your statement that it is a waste of time and money will not likely be sufficient. You MAY be required to file tax returns for up to the past 3 years.

See page 8 of the form instructions here -->> http://www.uscis.gov/files/form/I-864.pdf

Edited October 7, 2009 by Anh map

[Gary and Alla 3,694]

Hello,

I recently received my NOA2 and my fiancé and I are gearing up for the interview. I am a 100% P&T disabled US veteran and I'm concerned about the proof of income and Affidavit of Support portions. My income is well beyond poverty level but I haven't filed taxes in years as I have no taxable income and it is a waste of time and money for everyone if I file.

I do however have a letter from the VA stating my income and status... Is this enough?

This concern is gaining momentum in my mind and I'm very concerned... any advice you have would be appreciated.

Yes. You are exempt from income tax filing if you have no taxable income. Submit your evidence of income with a letter explaining your exemption. As long as the income is verified with documentation, you are good to go.

[rebeccajo 14]

Moving to Consular Forums where the subject is more relevant.

[Gary and Alla 3,694]

The VA letter suporting your income claim is what you would submit along with the I-134. For the I-134 your tax return may not be required. Those with experience going through Guangzhou will add their thoughts here.

Shortly after marriage at the Adjustment of Status for your then spouse you will submit the I-864 Affidavit of Support. The instructions for the form I-864 do state that if you did not file tax returns you must supply a written statement giving evidence of why you are not required to file a return. Your statement that it is a waste of time and money will not likely be sufficient. You MAY be required to file tax returns for up to the past 3 years.

See page 8 of the form instructions here -->> http://www.uscis.gov/files/form/I-864.pdf

Anh Map is correct. IF you have any other form of income except tax exempt veterans disability you have to file a tax return, even if you know you would not need to pay tax due to deductions or other exemptions, they make you go through the motions. There is no penalty for late filing if no tax is owed. IF your only form of income is the tax exempt disability then you can claim a legitimate exemption from filing tax returns

[Darnell 8,478]

The VOs at GUZ are picky about W-2 income.

You don't have any.

BUT - I suggest you prepare an INCOME STATEMENT at a CPAs office, have it look 'official' with the word 'AUDITED' at top and bottom. Show 3 years of income, just to be on the safe side, and

MAKE SURE IT's NOTARIZED (Most CPAs will do that, if you ask ) .

Be prepared to spend about 250 for this, no more than 2 hours of CPA time.

Ya, I know, it sucks -but without discernable W-2 income, ya gotta untrack the VOs out of 'automatic' - an INCOME STATEMENT will accomplish that. Sure, include the VA letter as well, but 'in addition to', not 'solely'.

There have been some folk get blue-slips that were in your exact situation - No W-2 Income at all, but had guv income WAY above the poverty levels.

GOOD LUCK !

Edited October 7, 2009 by Darnell

[Kadagan 0]

The VOs at GUZ are picky about W-2 income.

You don't have any.

BUT - I suggest you prepare an INCOME STATEMENT at a CPAs office, have it look 'official' with the word 'AUDITED' at top and bottom. Show 3 years of income, just to be on the safe side, and

MAKE SURE IT's NOTARIZED (Most CPAs will do that, if you ask ) .

Be prepared to spend about 250 for this, no more than 2 hours of CPA time.

Ya, I know, it sucks -but without discernable W-2 income, ya gotta untrack the VOs out of 'automatic' - an INCOME STATEMENT will accomplish that. Sure, include the VA letter as well, but 'in addition to', not 'solely'.

There have been some folk get blue-slips that were in your exact situation - No W-2 Income at all, but had guv income WAY above the poverty levels.

GOOD LUCK !

This is my course of action.. thank you very much Darnell

[Dia0077 16]

On 10/8/2009 at 2:47 PM, Kadagan said:

This is my course of action.. thank you very much Darnell

Hi Kadagan. I have the same question. my hubby has some DFAS income and VA 90% income, for more than 10 years now. We are sponsoring my dad but surely we need to put in our AOS the VA disability income. I m worry about it, can you please tell me what you did finally and how can i have a solution for these issue please? Thx you very much. Diana n Mark

[TBoneTX 45,287]

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