Interview setbacks She didn't like my documentation what to do?

[nemozed 1]

A week before our interview date my wife's Employment authorization arrived in the mail. We were very optimistic.

I am on the low end of the income spectrum. When my co-sponsor dropped out at the last minute I had to enlist my mother, who I moved in with sometime earlier at her request to help her out financially, to come on as my family joint-sponsor. She is 74 and her income consists of social security and SSI.

My income is made up in part of Social Security Disabilty Income and in part by partime self-employment. My current client paid me exclusively with personal checks. I had copied all of these each time he paid me. However, some of the copies are now missing.

The officer wasn't satisfied with these, stating there was no proof they had been cased or deposited. My bank statements showed deposits on the same approximate dates and for the same amounts as the checks but did not indicate the account holder or check number. She wanted more evidence. I went to my bank and they provided documentation that the checks had been cased there, except or eight, which are inexplicably unaccounted for. I suspect that this USCIS officer will deduct the amount of the checks that cannot be verified from my total income and try to claim that I do not make enough. I have contacted my client to ask him to provide verification of the checks being cased on his end.

I had contacted Social Security and asked them to provide a transcript of all the SSI payments made to my mother in the years 2011, 2012, and thus far in 2013. They sent a table listing each month and the amount paid. Howeve, the officer claimed that this was something we could have typed up ourselves, as there as no social security letterhead on these pages. It had never occurred to me that anybody would question these forms that were provided by a government agency. I have called social security and explained this to them in hopes they can provide forms that will pass muster with this officer.

Finally, on the issue of comingling of finances: She told me that we should have a joint bank account. I have done this and now have documentation that this is so. I hadn't done it previously because my wife could not work and therefore had no finances to comingle. We have no rent or lease agreement together as we are subletting from my mother who is on the lease. I am not certain if the joint bank account is sufficient or if she will demand more evidence of comingling of finances.

I am looking for advice on additional ways that I can confirm or verfiy comingling, if necessary, and income, if necessary.

I am curious also as to whether since my wife already has her employment authorization and is applying for work whether if the money she earns from the job she may begin soon would count toward the family income and help to meet the income requirements? It seems unlikely but I wanted to check.

We have about 77 more days to provide this information and comply with her demands for evidence.

[KayDeeCee 4,896]

~ Moved from K-1 Process to AOS Family Based ~

[amberlynnloves 125]

As the primary sponsor, you YOURSELF have to make 125% of the poverty guidelines for you +1 (your wife). If you do not, you need a co-sponsor (your mother). Your wife's possible job CANNOT count toward the sponsorship.

Also, medical insurance, life insurance beneficiary, 401K beneficiary, listing your wife on any type of auto/renters/homeowners insurance....would help with co-mingling. I have a had time believing that they will let you adjust status showing you can support someone when you are on SSI yourself, but that is just strictly my beliefs. It's hard to support one person on SSI, let alone 2 or 3 in the instance of your mother co-sponsoring.

Good luck.

[KayDeeCee 4,896]

As the primary sponsor, you YOURSELF have to make 125% of the poverty guidelines for you +1 (your wife). If you do not, you need a co-sponsor (your mother). Your wife's possible job CANNOT count toward the sponsorship.

Also, medical insurance, life insurance beneficiary, 401K beneficiary, listing your wife on any type of auto/renters/homeowners insurance....would help with co-mingling. I have a had time believing that they will let you adjust status showing you can support someone when you are on SSI yourself, but that is just strictly my beliefs. It's hard to support one person on SSI, let alone 2 or 3 in the instance of your mother co-sponsoring.

Good luck.

SSI and SSDI are not the same thing. SSI is means tested and SSDI is not. If his income between SSDI and his part time job was enough to meet the requirement, then no problem.

OP> The problem with self-employment is that they don't really accept it as income in your pocket until you file taxes on it and your total income shows up on line 22 of your most recent 1040. The problem with your joint sponsor is that she is on SSI, which is means tested. How can she state she can support herself and your wife and that your wife will not become a public charge when she is already receiving a means tested benefit and is pretty much a public charge already?

What your wife might possibly earn now that she has her EAD has no bearing on your I-864.

I suggest you find another joint sponsor that meets the requirement for their own household size plus your wife.

[Hank_ 9,174]

SSI and SSDI are not the same thing. SSI is means tested and SSDI is not. If his income between SSDI and his part time job was enough to meet the requirement, then no problem.

OP> The problem with self-employment is that they don't really accept it as income in your pocket until you file taxes on it and your total income shows up on line 22 of your most recent 1040. The problem with your joint sponsor is that she is on SSI, which is means tested. How can she state she can support herself and your wife and that your wife will not become a public charge when she is already receiving a means tested benefit and is pretty much a public charge already?

What your wife might possibly earn now that she has her EAD has no bearing on your I-864.

I suggest you find another joint sponsor that meets the requirement for their own household size plus your wife.

I believe you are mixing your dogs and cats concerning the use of "SSI"; don't confuse supplement security income with the retirement income from Social Security, they are different animals, to many SSI means Social Security Income, not "supplemental". SSI (retirement) received by the USC is not considered in means testing... There is a difference.

BTW - I am retired, I collect Social Security and its totally accepted at the embassy and at USCIS for AOS.

So if his mother is retired (being she is 74 I will go with retired) and her income, using her Social Security Income, is adequate to be a co-sponsor USCIS will have ZERO issue with that. It is not means tested.

[Hank_ 9,174]

A week before our interview date my wife's Employment authorization arrived in the mail. We were very optimistic.

I am on the low end of the income spectrum. When my co-sponsor dropped out at the last minute I had to enlist my mother, who I moved in with sometime earlier at her request to help her out financially, to come on as my family joint-sponsor. She is 74 and her income consists of social security and SSI.

My income is made up in part of Social Security Disabilty Income and in part by partime self-employment. My current client paid me exclusively with personal checks. I had copied all of these each time he paid me. However, some of the copies are now missing.

The officer wasn't satisfied with these, stating there was no proof they had been cased or deposited. My bank statements showed deposits on the same approximate dates and for the same amounts as the checks but did not indicate the account holder or check number. She wanted more evidence. I went to my bank and they provided documentation that the checks had been cased there, except or eight, which are inexplicably unaccounted for. I suspect that this USCIS officer will deduct the amount of the checks that cannot be verified from my total income and try to claim that I do not make enough. I have contacted my client to ask him to provide verification of the checks being cased on his end.

I had contacted Social Security and asked them to provide a transcript of all the SSI payments made to my mother in the years 2011, 2012, and thus far in 2013. They sent a table listing each month and the amount paid. Howeve, the officer claimed that this was something we could have typed up ourselves, as there as no social security letterhead on these pages. It had never occurred to me that anybody would question these forms that were provided by a government agency. I have called social security and explained this to them in hopes they can provide forms that will pass muster with this officer.

Finally, on the issue of comingling of finances: She told me that we should have a joint bank account. I have done this and now have documentation that this is so. I hadn't done it previously because my wife could not work and therefore had no finances to comingle. We have no rent or lease agreement together as we are subletting from my mother who is on the lease. I am not certain if the joint bank account is sufficient or if she will demand more evidence of comingling of finances.

I am looking for advice on additional ways that I can confirm or verfiy comingling, if necessary, and income, if necessary.

I am curious also as to whether since my wife already has her employment authorization and is applying for work whether if the money she earns from the job she may begin soon would count toward the family income and help to meet the income requirements? It seems unlikely but I wanted to check.

We have about 77 more days to provide this information and comply with her demands for evidence.

You can generate a benefits verification report from the S.S. website very easily:

http://www.socialsecurity.gov/myaccount/ You can print this out and it will be "branded" as from SS

As for your employer checks, getting copies of the front and back of them should be more than adequate in that regard.

Your wife and you need to have a joint banking account, maybe listed together on car insurance, any utility, cable or phone bills.

Edited June 25, 2013 by Hank_

[nemozed 1]

I am not on SSI myself. I am on disabilty plus part time job which totals more than enough for just the two of us +25% but I have to count mother has part of household therefore poverty level for 3 + 25%. The issue wasn't the source of income, at least that was never stated by the officer, simply the mode of documentation. I have called SSI and gotten them to send out new forms with official stamps and signature on them to mitigate against the idea that I could have typed them myself.

It would be hard to support someone on SSI. But I'm not on SSI, my mother is. Her income merely makes up the very small gap between mine and the poverty line + 25% (Well over, actually).

It is true that SSI is means tested. But it is not my mother's only source of income. The majority of it comes from SSA. It was simply the SSI portion of her income that was questioned. Actually, even if the SSI were discounted there would still be enough to be over the poverty line + 25% for three people. Of course a family member who lives in the house with you is not subject to exactly the same standard as co-sponsor who lives outside the home. She simply has to make up the difference between my income and the line.

Thank you, Hank, you get it.

The sources of my income were not questioned. The documentation was questioned. The only area where I have some deficiency may be in the proof of co-mingling, where I willl probably take out some insurance in order to buttress the evidence for that. I am subletting the place I am living in so the rental/lease agreement or utilities is not a possibility. I have already added her to my bank account, so that is taken care of.

Thank you for your responses.

[KayDeeCee 4,896]

I believe you are mixing your dogs and cats concerning the use of "SSI"; don't confuse supplement security income with the retirement income from Social Security, they are different animals, to many SSI means Social Security Income, not "supplemental". SSI (retirement) received by the USC is not considered in means testing... There is a difference.

BTW - I am retired, I collect Social Security and its totally accepted at the embassy and at USCIS for AOS.

So if his mother is retired (being she is 74 I will go with retired) and her income, using her Social Security Income, is adequate to be a co-sponsor USCIS will have ZERO issue with that. It is not means tested.

I did not mix up anything. The OP stated> "She is 74 and her income consists of social security and SSI."

Social Security AND SSI. If he meant she was receiving SS retirement benefits, then why the AND SSI?

I already know the use of SS retirement benefits is an acceptable income for use on the I-864. You just need to provide documentation of the evidence. Her income was NOT accepted as a joint sponsor though, or the OP would not be in the situation he is in now. There is a reason the joint sponsor's income was not accepted. He states himself she receives SSI. SSI is Supplemental Security Income. http://www.socialsecurity.gov/ssi/text-over-ussi.htm

Clearly the IO had more than a ZERO issue with the income documentation provided by the primary and joint sponsor.

[KayDeeCee 4,896]

I am not on SSI myself. I am on disabilty plus part time job which totals more than enough for just the two of us +25% but I have to count mother has part of household therefore poverty level for 3 + 25%. The issue wasn't the source of income, at least that was never stated by the officer, simply the mode of documentation. I have called SSI and gotten them to send out new forms with official stamps and signature on them to mitigate against the idea that I could have typed them myself.

It would be hard to support someone on SSI. But I'm not on SSI, my mother is. Her income merely makes up the very small gap between mine and the poverty line + 25% (Well over, actually).

It is true that SSI is means tested. But it is not my mother's only source of income. The majority of it comes from SSA. It was simply the SSI portion of her income that was questioned. Actually, even if the SSI were discounted there would still be enough to be over the poverty line + 25% for three people. Of course a family member who lives in the house with you is not subject to exactly the same standard as co-sponsor who lives outside the home. She simply has to make up the difference between my income and the line.

Thank you, Hank, you get it.

The sources of my income were not questioned. The documentation was questioned. The only area where I have some deficiency may be in the proof of co-mingling, where I willl probably take out some insurance in order to buttress the evidence for that. I am subletting the place I am living in so the rental/lease agreement or utilities is not a possibility. I have already added her to my bank account, so that is taken care of.

Thank you for your responses.

If only the SS retirement benefits were enough for her to meet the requirement for herself and your wife, perhaps you should have only used that on her I-864 and skipped listing the SSI as income. I believe the IO had a problem with believing your wife may never become a public charge in your situation. That is why she is wanting more proof of your income. SSDI is perfectly acceptable income. I never suggested otherwise. Proving self-employment income before having filed taxes on it can be a difficult thing to do, as you have seen, She is not accepting your joint sponsor, so it is all on you or getting another joint sponsor. Good luck getting your income documentation together.

[Hank_ 9,174]

I did not mix up anything. The OP stated> "She is 74 and her income consists of social security and SSI."

Social Security AND SSI. If he meant she was receiving SS retirement benefits, then why the AND SSI?

I already know the use of SS retirement benefits is an acceptable income for use on the I-864. You just need to provide documentation of the evidence. Her income was NOT accepted as a joint sponsor though, or the OP would not be in the situation he is in now. There is a reason the joint sponsor's income was not accepted. He states himself she receives SSI. SSI is Supplemental Security Income. http://www.socialsecurity.gov/ssi/text-over-ussi.htm

Clearly the IO had more than a ZERO issue with the income documentation provided by the primary and joint sponsor.

That is my oops.... reading too fast

[stevie b 141]

I am not on SSI myself. I am on disabilty plus part time job which totals more than enough for just the two of us +25% but I have to count mother has part of household therefore poverty level for 3 + 25%. The issue wasn't the source of income, at least that was never stated by the officer, simply the mode of documentation. I have called SSI and gotten them to send out new forms with official stamps and signature on them to mitigate against the idea that I could have typed them myself.

It would be hard to support someone on SSI. But I'm not on SSI, my mother is. Her income merely makes up the very small gap between mine and the poverty line + 25% (Well over, actually).

It is true that SSI is means tested. But it is not my mother's only source of income. The majority of it comes from SSA. It was simply the SSI portion of her income that was questioned. Actually, even if the SSI were discounted there would still be enough to be over the poverty line + 25% for three people. Of course a family member who lives in the house with you is not subject to exactly the same standard as co-sponsor who lives outside the home. She simply has to make up the difference between my income and the line.

Thank you, Hank, you get it.

The sources of my income were not questioned. The documentation was questioned. The only area where I have some deficiency may be in the proof of co-mingling, where I willl probably take out some insurance in order to buttress the evidence for that. I am subletting the place I am living in so the rental/lease agreement or utilities is not a possibility. I have already added her to my bank account, so that is taken care of.

Thank you for your responses.

is your mother a dependent when you file your taxes? if so, then yes, it is three

if she is not on your taxes and files her own, then you do not have to list her as part of your dependents

[KayDeeCee 4,896]

It is true that SSI is means tested. But it is not my mother's only source of income. The majority of it comes from SSA. It was simply the SSI portion of her income that was questioned. Actually, even if the SSI were discounted there would still be enough to be over the poverty line + 25% for three people. Of course a family member who lives in the house with you is not subject to exactly the same standard as co-sponsor who lives outside the home. She simply has to make up the difference between my income and the line.

Wait, so your mother filled out an I-864A and not her own I-864 as the joint sponsor? If that is the case, then her retirement SS should have more than enough added with your SSDI.

Your mother should get an SSA-1099 stating her yearly SS benefits. A copy of the SSA-1099 and bank statements showing the deposits of the income each month are good documentation of her income. https://secure.ssa.gov/apps6z/i1099/main.html

Provide well documented proof of your SSDI as well.

Edited June 25, 2013 by Jay-Kay

[KayDeeCee 4,896]

That is my oops.... reading too fast

It is cool. I appear to have missed a few details myself.

[nemozed 1]

She did submit a 1099 for her social security retirement benefits. It is the majority of her income by far. The SSI is a small additional. The official never mentioned that SSI was a problem per se . What she said her issue was consisted of the documentation, which was a table of months and payments without social security letterhead. The fact is I can afford to dispense with her SSI. She did submit a bank statement with deposits. I did as well.

My understanding was that is she resides in the household then I have to count her as a family member. If I don't then her income is irrelevant and I have a more than enough to meet the poverty level + 25% for two people.

It is not clear to me that she is rejecting my joint sponsor, only one portion of her income. Even with just her social security added to my income it is enough. Yes, I probably should have just left the SSI out of it.

The bulk of the self-employed income is for 2012 and I did submit a copy of my 2012 tax return to the officer. Obviously it is too early to file a 2012 tax return (Unless I file a 1040 ES form).

[KayDeeCee 4,896]

If you reside together and you want her to be counted as a household member, then she needed to fill out an I-864A to go along with your I-864. You did not answer about which form she filled out, so I am still unclear on whether or not she filled the I-864 or I-864A.

I am not sure what you mean by "My understanding was that is she resides in the household then I have to count her as a family member."

Someone living with you is not automatically added in your household size. If she is not your dependent, then she is not in your household count and you need enough income for 2, yourself and wife. However, if she filled out an I-864A to combine her income with yours, then she would be counted in the household count on your I-864 because that way you are asking for your combined incomes to meet the requirement for all of you, a household of 3.

If she filled out an I-864, and you are not claimed on her taxes, then she would need enough income for a household of 2 as well, herself and your wife. She then would not be counted in your household size on your I-864 unless you claim her on your taxes. Your incomes do not combine that way. So, which form she filled out makes a difference.