Confused about the affidavit of support requirements

[meblue 5]

Hi,

My USC husband is the sponsor for the petition of my minor daughter. But we are confused about the affidavit of support requirements. We will file Married Filing Jointly for 2011 tax. He is recieving a social security/disability for $16,000 a year plus $4,000 gross income a year, that's just his income. I also have my own income. Including my daughter my husband's daughter we are a family of 4.

My questions are:

1. Does my income also have to make 125% of the poverty guideline for 4 people?

2. Or I just have to make up the difference in my salary and the poverty guidelines?

3. SSDI can be used as income on the I-864?

4. What is the 125% poverty guideline for 4 people?

5. In 125% poverty guideline for the affidavit of support, Is it the gross income, or income after the deduction of the dependents?

I need your advice and input. Thanks in advance.

meblue

[Inky 1,111]

$27,937 annual income for 4 people. http://www.uscis.gov/files/form/i-864p.pdf

[JimVaPhuong 4,863]

Hi,

My USC husband is the sponsor for the petition of my minor daughter. But we are confused about the affidavit of support requirements. We will file Married Filing Jointly for 2011 tax. He is recieving a social security/disability for $16,000 a year plus $4,000 gross income a year, that's just his income. I also have my own income. Including my daughter my husband's daughter we are a family of 4.

My questions are:

1. Does my income also have to make 125% of the poverty guideline for 4 people?

2. Or I just have to make up the difference in my salary and the poverty guidelines?

3. SSDI can be used as income on the I-864?

4. What is the 125% poverty guideline for 4 people?

5. In 125% poverty guideline for the affidavit of support, Is it the gross income, or income after the deduction of the dependents?

I need your advice and input. Thanks in advance.

meblue

If you're married and living in the same household then you can combine your income with his to help him qualify. He'll sign an I-864, and you'll sign an I-864A.

SSDI is not specifically disqualified as income because it's insurance which is paid for by the employer while the employee was working, and is not a means-tested public benefit. However, some VJ members have reported difficulty getting USCIS or Department of State to accept SSDI income because it's generally not taxable. Others have reported similar problems with Social Security retirement income. I honestly don't know what basis they use to disregard SSDI and SS retirement income, but I would presume it probably has something to do with their estimation of the sponsor's future earning capability.

The poverty guideline thresholds are published by USCIS in the I-864P.

http://www.uscis.gov/i-864p

The levels are often revised every year to account for inflation. Unless you live in Alaska or Hawaii, the current 125% level for a household size of 4 is $27,937.

They usually consider total income. For most people this is the same as their gross income, but for some people it can be considerably less. They usually consult line 22 on the 1040 tax form. If you file a 1040A form then it's the line marked "total income". If you file a 1040EZ then it's the line marked "adjusted gross income".

[meblue 5]

Thanks Inky for the quick reply

Thanks again JimVaPhuong for the quick reply and detailed answer of my questions