Joint Sponsor & SSI

[olivesareyummy 0]

My husband is applying for AOS and I barely meet the 125% poverty guideline. However, I do not expect to retain the same level of income in the next year. Therefore, we are asking my father to co-sponsor him as a backup. But my father is retired and receives monthly social security retirement checks. Does his retirement qualify as income?

[lindajlue 0]

unfortunately I just encountered this. I was told by the consulate in casablanca that it is mandantory that income tax be filed for a cosponsor. I do not know anyone that is on social security that files income tax because they do draw enough.

[olivesareyummy 0]

unfortunately I just encountered this. I was told by the consulate in casablanca that it is mandantory that income tax be filed for a cosponsor. I do not know anyone that is on social security that files income tax because they do draw enough.

Thanks for the quick reply. This is depressing because my husband makes enough but his job contract ends in January and although it may be renewed it is not certain the USCIS will see his job continuing past January. I am still in graduate school and I moved here for his job to make the AOS process easier. But that means I'm not making as much as I was before. This is so frustrating.

Edited July 6, 2010 by olivesareyummy

[Nik+Heather 121]

I'm confused about which one of you is immigrating here. Are you the US citizen wife?

If your husband is the immigrant, then how is he working if he arrived on a K visa? (Is it a K-3 and he has EAD and you are just now applying for AOS for example?)

Is it your income or your husband's income or a combination of the two which you are using to calculate to compare to the 125% of poverty level?

I feel uncomfortable giving you any advice without understanding your immigration situation a little better. In general, unlike the I-134 at the consulates with the affidavit of support if you're above the 125%, you're over, no assets etc required. It's not complicated. And they are interested in current income, so it seems at first blush to be much ado over nothing, especially if the 2009 tax returns show the right number.

[olivesareyummy 0]

I'm confused about which one of you is immigrating here. Are you the US citizen wife?

If your husband is the immigrant, then how is he working if he arrived on a K visa? (Is it a K-3 and he has EAD and you are just now applying for AOS for example?)

Is it your income or your husband's income or a combination of the two which you are using to calculate to compare to the 125% of poverty level?

I feel uncomfortable giving you any advice without understanding your immigration situation a little better. In general, unlike the I-134 at the consulates with the affidavit of support if you're above the 125%, you're over, no assets etc required. It's not complicated. And they are interested in current income, so it seems at first blush to be much ado over nothing, especially if the 2009 tax returns show the right number.

My husband is applying for Adjustment of Status. I am the citizen wife. He is on a work visa. My income alone per the 2009 tax return meets the 125% poverty level. However, my husband and I filed a joint tax return and we, both individually and especially jointly, meet or exceed 125%.

In the mail last week we received a letter of initial evidence from USCIS. In the letter, they requested further proof that I meet the guideline. In the letter they requested a letter from my employer validating my income and to prove I will make the same income in the foreseeable future. The problem is, while I will continue to work there, I don't expect to make as much as I did last year. I am a graduate student, and in the past I received a stable monthly stipend. Now I work for a professor on an hourly basis from afar, making far less what I used to. USCIS may give us a pass, but may not, which is why I wanted my father to be a joint sponsor.

As for my husband, his contract for his current job ends in January. So I am not sure if they will consider his income since the 864 states that for the immigrant's income to be considered it must "continue from the same source after he or she obtains lawful permanent resident status."

[Nik+Heather 121]

Ah, I understand a lot better now. I agree, that a cosponsor would probably be prudent - mostly because they don't seem to give you more than the one RFE to get things right before they reject the application.

I'm sorry I don't know the answer to the question about whether or not your father's social security income will count. There are some types of SS income which are needs based, and as the purpose of the affidavit of support is to show that he won't be on needs based income it sort of defeats the purpose.

I wonder why your husband's contract is ending? Does it coincide with the expiration of the visa? If he had a green card independent of the job, would they extend it to be permanent? Then you could show that the income will continue... Maybe attacking this from the other side is helpful.

Do they specifically require an employer letter for your income in the RFE, or is it phrased as an example? When you provided the taxes from 2009, was there anything to establish who was earning how much? If not, perhaps your individual W-2 which shows over the 125% line would be good proof.

Sorry to not be more helpful.

[olivesareyummy 0]

Thanks so much for the response Nik. My husband has a post doc position and it only lasts a year. There is little chance it'll extend past that. They are kind of ambiguous in the letter as to whether sending a employment verification letter is required but I asked my employer to write one. I just hope they will be vague enough in the letter about how much I will make in the coming months.

I think we'll just hire a lawyer because of our special circumstances. We wanted to save the money but better safe than sorry. Thanks again.

[JimVaPhuong 4,863]

To determine if your father's Social Security payments are considered income for the purpose of the affidavit of support you need to find out what kind of Social Security payments he's receiving.

Social Security Retirement Benefits and Social Security Disability Insurance (SSDI) are considered qualifying income because these are paid for by the Social Security taxes which you pay during your working life. Everyone who works and pays Social Security taxes is eligible for SSDI if they become disabled, and Retirement Benefits when they reach retirement age. How much they get depends on how much they paid into the system. In the case of retirement, it also depends on what age they retire.

Supplemental Security Income (SSI) is not considered qualifying income because it's paid for by the taxpayers, and is a form of federal welfare. To qualify for SSI you have to be unable to work (disabled or elderly, for example), and not eligible for earned benefits like Social Security Retirement or SSDI.

You said "SSI" in your post title, but it sounds like your father might actually be receiving retirement benefits.

[VanessaTony 3,567]

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Adjustment of Status from Work, Student, & Tourist Visas" as your post implies your are adjusting from a visa other than a K1, K2, K3 & K4 which the prior forum is for**

[olivesareyummy 0]

Thanks for the clarification, Jim. Yes, I did mean Social Security Retirement.