AC spouse petitioner doesn't file tax returns

[TyandAllie 17]

Hi everyone, I wonder if any of you have any experience/knowledge in this area?

My husband does not pay taxes as his entire income is his benefit from the VA. He is rated at 100%, individual unemployability, combat related disability, Therefore he has no tax returns to include in the aps.

The supporting material we filed with my applications (AP, EOD, AOS) included documentation from the VA that defines his status and bennies, including amount per month and statements that VA benefits are not taxable.

We also included bank statements that show several months of electronic deposits from The US Dept. of the Treasury, the amount he receives covers the required amount over poverty level by far.

Do you think this could present us with any problems?

Edited August 17, 2010 by TyandAllie

[HappyKnappy 30]

Hi everyone, I wonder if any of you have any experience/knowledge in this area?

My husband does not pay taxes as his entire income is his benefit from the VA. He is rated at 100%, individual unemployability, combat related disability, Therefore he has no tax returns to include in the aps.

The supporting material we filed with my applications (AP, EOD, AOS) included documentation from the VA that defines his status and bennies, including amount per month and statements that VA benefits are not taxable.

We also included bank statements that show several months of electronic deposits from The US Dept. of the Treasury, the amount he receives covers the required amount over poverty level by far.

Do you think this could present us with any problems?

It shouldn't be a problem at all, members of the Armed Forces have multiple benefits, Veterans may have a couple more. I think I read somewhere that Immigration petitions by Millitary personnel have a certain preference or benefit. I suggest you look for info regarding that.

I wish you the best in your AOS journey!

[TyandAllie 17]

It shouldn't be a problem at all, members of the Armed Forces have multiple benefits, Veterans may have a couple more. I think I read somewhere that Immigration petitions by Millitary personnel have a certain preference or benefit. I suggest you look for info regarding that.

I wish you the best in your AOS journey!

Thank you so much for your response, it eased my mind a little

[JimVaPhuong 4,863]

There's not likely any immigration benefits related to military service that would be useful in your case. Active duty LPR's can get citizenship quickly. Active duty military petitioners can get expedited processing on their petitions if they are being deployed. There is usually an immigration liaison office on most military posts. That might be beneficial if your husband still has access to a military post.

VA disability payments are not a means tested benefit, so it should be qualifying income. Without a tax return it may be difficult to get them to consider it. One member recently had problems with this. Her husband had employment income of about $16K, and VA disability of about $6K, so the combined income was enough to qualify. They got two RFE's saying the qualifying income wasn't enough, and asking them to get a co-sponsor. They provided VA statements and bank statements, and it didn't seem to be enough. I honestly couldn't figure out why they were having a problem, unless they happened to get a bone headed immigration officer who was refusing to look at anything except the total income line on their tax returns. If you happen to get a similarly bone headed IO then, at worst, you'd need to pony up a co-sponsor.

You DO need to provide a letter explaining why he wasn't required to file a tax return. Insufficient taxable income is a perfectly valid reason.

[TyandAllie 17]

There's not likely any immigration benefits related to military service that would be useful in your case. Active duty LPR's can get citizenship quickly. Active duty military petitioners can get expedited processing on their petitions if they are being deployed. There is usually an immigration liaison office on most military posts. That might be beneficial if your husband still has access to a military post.

VA disability payments are not a means tested benefit, so it should be qualifying income. Without a tax return it may be difficult to get them to consider it. One member recently had problems with this. Her husband had employment income of about $16K, and VA disability of about $6K, so the combined income was enough to qualify. They got two RFE's saying the qualifying income wasn't enough, and asking them to get a co-sponsor. They provided VA statements and bank statements, and it didn't seem to be enough. I honestly couldn't figure out why they were having a problem, unless they happened to get a bone headed immigration officer who was refusing to look at anything except the total income line on their tax returns. If you happen to get a similarly bone headed IO then, at worst, you'd need to pony up a co-sponsor.

You DO need to provide a letter explaining why he wasn't required to file a tax return. Insufficient taxable income is a perfectly valid reason.

Thank you for your reply, I believe we did enclose a letter explaining that his benefits are not taxable, including the information that VA benefits are not means tested, and documentation from the VA that states the same.

I wonder if the other member had problems because the IO mentally registered the income amounts separately and didn't to the math? My husband's benefits are listed as a single number as it is his only income, he is completely unable to work and has reams and reams of medical records to back it up if necessary (it's a heartbreaking litany). His monthly benefit is right around $2800.

If a co-sponsor becomes necessary, I know my MIL would be happy to do that.

My biometrics appointment is tomorrow and I think I'm already more nervous than I should be at this stage! I'm wondering how I'm not going to be a hopeless bag of nerves come interview day

[TyandAllie 17]

Ok, I have what is probably a rather silly question, but I told you I was nervous!

We have to travel almost 2 hours each way for the biometrics appointment tomorrow, I (we) feel it's important to be together during every step of this process, but because of the long time it will take, we will need to bring the puppy with us so hubby will have to stay outside with him.

Will it look poor if I go into the biometrics appointment alone?

[Anh map 2,098]

As Jim said, there is a difference between not having to file the tax return and not having to pay the tax. Be sure that he is not required to file the returns.

The biometrics appointment is only for the immigrant. I've seen lots of people at the ASC by themselves.

Edited August 19, 2010 by Anh map

[JimVaPhuong 4,863]

Thank you for your reply, I believe we did enclose a letter explaining that his benefits are not taxable, including the information that VA benefits are not means tested, and documentation from the VA that states the same.

I wonder if the other member had problems because the IO mentally registered the income amounts separately and didn't to the math? My husband's benefits are listed as a single number as it is his only income, he is completely unable to work and has reams and reams of medical records to back it up if necessary (it's a heartbreaking litany). His monthly benefit is right around $2800.

If a co-sponsor becomes necessary, I know my MIL would be happy to do that.

My biometrics appointment is tomorrow and I think I'm already more nervous than I should be at this stage! I'm wondering how I'm not going to be a hopeless bag of nerves come interview day

Sometimes when people post with a problem it's obvious, from the information they provide, what the source of the problem is. Other times it's a mystery. In that particular case, it was a mystery to me. The IO's deal with these documents every day so I would think they are capable of doing the math. Besides, everything should be summed up on the I-864. They just need to look at the supporting documents and make sure the numbers add up. The only thing I could figure in that member's case was that the IO somehow thought the VA disability was not qualifying income, perhaps because it wasn't listed on their tax return.

Ok, I have what is probably a rather silly question, but I told you I was nervous!

We have to travel almost 2 hours each way for the biometrics appointment tomorrow, I (we) feel it's important to be together during every step of this process, but because of the long time it will take, we will need to bring the puppy with us so hubby will have to stay outside with him.

Will it look poor if I go into the biometrics appointment alone?

As Anh Map said, there are many people who go alone. My wife's biometrics were done at a different center in a different city than where her AOS interview took place. I don't recall anyone entering any sort of record that I was there with her. As far as I know, the IO's who conduct the AOS interviews wouldn't have any way of knowing whether the petitioner attends the biometrics with the applicant, and I really doubt they would care.

[Nir12 1]

Thank you for your reply, I believe we did enclose a letter explaining that his benefits are not taxable, including the information that VA benefits are not means tested, and documentation from the VA that states the same.

I wonder if the other member had problems because the IO mentally registered the income amounts separately and didn't to the math? My husband's benefits are listed as a single number as it is his only income, he is completely unable to work and has reams and reams of medical records to back it up if necessary (it's a heartbreaking litany). His monthly benefit is right around $2800.

If a co-sponsor becomes necessary, I know my MIL would be happy to do that.

My biometrics appointment is tomorrow and I think I'm already more nervous than I should be at this stage! I'm wondering how I'm not going to be a hopeless bag of nerves come interview day

Jim is talking about us.My husband makes $16k in his salary and gets $6k in his VA disability ,that makes the current income $22k which is enough for a household of two but we got an RFE.We sent them IRS transcripts,letter from the VA and explanation of non taxable VA compensation.I presume, as we didn't send the proof of current income like pay stubs and employer letter and also bank statements showing the direct deposits from the VA,that's why we got the RFE.

We sent our response to RFE on Aug 6th,USCIS received it on Aug 9 and updated our status to "case resumed" but we haven't heard anything after that.Many of the folks who filed in June(like us) have their EAD approved and have got interview letters but they didn't touch our case after that .We are nervous about whether they don't accept combination of incomes like salary and VA compensation or it was just because we didn't send the pay stubs and employer letter.

IMHO as your husband makes $33,600($2800*12), you shouldn't have any issues .Good luck!