i-864 do we need proof of current retirement income?

[mrbaoswin 0]

Hi all,

First i'd like to say I am totally new to this forum and wish u all a very great day.

Here our scenario: my uncle (main petitioner) and his wife filed the i-864 and i-864a to sponsor my mom (his sister) and the two of us around 3 months ago and we received the NVC check-list stated in part 5 household size is incorrect and said he have to file a new i-864 and i-864a so we can bring those forms altogether with 3 year tax to the interview date. We already corrected the mistake but i-864 yields my concern regarding 'current annual income', my uncle and his wife were retired so they determined their current annual income based on from 1099-r and 1099-ssa (social security admission) in 2013 and the amount of their annual pension in 2013 exceeds poverty guideline of 2014 about $5,000. I wonder if in case during the interview, the consular ask he/she wants to see proof of current retirement income (2014) then what could we provide to them since 2014 still not end and my uncle and his wife of course don't have any recent 6 months pay stubs or employer's letter because they've already retired. And what likelihood that the consular will ask us for that because the NVC cover check list clearly stated that we only need to correct the household size, not mention anything about problem with current annual income or proof of current pension income.

By the way, my uncle and his wife total income according to 2011,2012 tax return were over $90,000 so would these number helps contributing to the success of our AOS?

Once again, thank you very much

[dashiyo 0]

Hi all,

First i'd like to say I am totally new to this forum and wish u all a very great day.

Here our scenario: my uncle (main petitioner) and his wife filed the i-864 and i-864a to sponsor my mom (his sister) and the two of us around 3 months ago and we received the NVC check-list stated in part 5 household size is incorrect and said he have to file a new i-864 and i-864a so we can bring those forms altogether with 3 year tax to the interview date. We already corrected the mistake but i-864 yields my concern regarding 'current annual income', my uncle and his wife were retired so they determined their current annual income based on from 1099-r and 1099-ssa (social security admission) in 2013 and the amount of their annual pension in 2013 exceeds poverty guideline of 2014 about $5,000. I wonder if in case during the interview, the consular ask he/she wants to see proof of current retirement income (2014) then what could we provide to them since 2014 still not end and my uncle and his wife of course don't have any recent 6 months pay stubs or employer's letter because they've already retired. And what likelihood that the consular will ask us for that because the NVC cover check list clearly stated that we only need to correct the household size, not mention anything about problem with current annual income or proof of current pension income.

By the way, my uncle and his wife total income according to 2011,2012 tax return were over $90,000 so would these number helps contributing to the success of our AOS?

Once again, thank you very much

what is your visa category ????

[mrbaoswin 0]

what is your visa category ????

F4-Brothers and Sisters of U.S Citizen

[Ian H. 207]

Whatever proof you submitted to the NVC, if it was accepted by them, it should be fine. Retirement income is fixed so the 1099's should suffice. If anything, I would just get a letter from the SSA that verifies this income, which I believe you can get online at www.ssa.gov

[mrbaoswin 0]

Whatever proof you submitted to the NVC, if it was accepted by them, it should be fine. Retirement income is fixed so the 1099's should suffice. If anything, I would just get a letter from the SSA that verifies this income, which I believe you can get online at www.ssa.gov

Thanks, last year my uncle retirement income came from pension plan (1099-r) and social security admission (1099-ssa; he just started to eligible receiving this at the end of 2013 until now) while my ant's income came from her compensation fund (uc-1099g) and pension plan, the total income was over poverty guideline. This year 2014, although my aunt's compensation fund is finally paid off to her, but as i calculated, my uncle and aunt retirement income combined is even higher than last year which make their total current income exceeds poverty guideline around $10,000. Thus, i guess i should bring the letter from my uncle and aunt company and ssa to confirm his and her monthly income in case if the consular asks, we have evidences of current income to pull out.

[Ian H. 207]

Ok, you said that your aunt's compesation was paid off? So she isn't currently receiving anything? The income has to be current, not just what they made last year.

If your uncle is the only one receiving income currently to this date, that income has to meet the poverty guidelines.

So if your aunt isn't receiving anything right now, it doesn't matter what she made last year if she isn't currently receiving it now.

Whatever income they are using to meet the poverty guidelines has to be received by them currently and afterwards in order to be accepted.

The income your aunt and uncle made in previous years is irrelevant if they are no longer receiving it. Since this is retirement income, it's usually nontaxable and may not be on their returns. You still would need the proof that they are receiving it currently. Such as a letter or current statements, 1099s, etc.

Could you clarify if your aunt and uncle are both currently receiving their retirement income or if it's just your uncle, is it above the poverty level?

Thanks, last year my uncle retirement income came from pension plan (1099-r) and social security admission (1099-ssa; he just started to eligible receiving this at the end of 2013 until now) while my ant's income came from her compensation fund (uc-1099g) and pension plan, the total income was over poverty guideline. This year 2014, although my aunt's compensation fund is finally paid off to her, but as i calculated, my uncle and aunt retirement income combined is even higher than last year which make their total current income exceeds poverty guideline around $10,000. Thus, i guess i should bring the letter from my uncle and aunt company and ssa to confirm his and her monthly income in case if the consular asks, we have evidences of current income to pull out.

[mrbaoswin 0]

Ok, you said that your aunt's compesation was paid off? So she isn't currently receiving anything? The income has to be current, not just what they made last year.

If your uncle is the only one receiving income currently to this date, that income has to meet the poverty guidelines.

So if your aunt isn't receiving anything right now, it doesn't matter what she made last year if she isn't currently receiving it now.

Whatever income they are using to meet the poverty guidelines has to be received by them currently and afterwards in order to be accepted.

The income your aunt and uncle made in previous years is irrelevant if they are no longer receiving it. Since this is retirement income, it's usually nontaxable and may not be on their returns. You still would need the proof that they are receiving it currently. Such as a letter or current statements, 1099s, etc.

Could you clarify if your aunt and uncle are both currently receiving their retirement income or if it's just your uncle, is it above the poverty level?

My uncle and my aunt are both receiving retirement income now, my uncle is also receiving social security benefits (1099-ssa) started on 30 Nov, 2013 (he still receiving it until current) so that when i combined my uncle and aunt retirement income plus my uncle monthly ssa, the total amount is over poverty guideline around $10,000. To be clear, my uncle and aunt current retirement income (plus uncle's ssa) is even higher than last year 2013 and income of 2013 was already higher than poverty guideline.

We already have copies of letter from my uncle and aunt's company state his/her current monthly retirement income deposit and also copies of letter from ssa states my uncle current monthly benefit in case if consular officer asks, we have documents to prove.

Greatly thanks for your advice

[Ian H. 207]

You're welcome. I just wanted to make sure they were currently receiving that income and that you had something to prove it. Then, it looks like you're good to go.

[mrbaoswin 0]

You're welcome. I just wanted to make sure they were currently receiving that income and that you had something to prove it. Then, it looks like you're good to go.

The reason why my uncle and aunt total current income is even greater than last year although my aunt is no longer receiving unemployment compensation fund this year is because my uncle starts to eligibility receive social security benefit (shows in 1099-ssa) on Nov, 2013 until now, This money greatly boost his current income (retirement+ssa), in fact, his alone income now is already over the poverty guideline.

As I mentioned before, my concern is that because my uncle and aunt used the income from 2013 to put in the current income section in i-864,i-864a, i know if income in 2014 is similar to income in 2013 so it's ok, but in our case, the income in 2014 (without aunt's compensation fund) is higher than 2013 and we have documents to prove it, would i still be ok? Many thanks

You're welcome. I just wanted to make sure they were currently receiving that income and that you had something to prove it. Then, it looks like you're good to go.

The reason why my uncle and aunt total current income is even greater than last year although my aunt is no longer receiving unemployment compensation fund this year is because my uncle starts to eligibility receive social security benefit (shows in 1099-ssa) on Nov, 2013 until now, This money greatly boost his current income (retirement+ssa), in fact, his alone income now is already over the poverty guideline.

As I mentioned before, my concern is that because my uncle and aunt used the income from 2013 to put in the current income section in i-864,i-864a, i know if income in 2014 is similar to income in 2013 so it's ok, but in our case, the income in 2014 (without aunt's compensation fund) is higher than 2013 and we have documents to prove it, would it still be ok? Many thanks

[Ian H. 207]

Well, I believe the I-864, when it asks for current income, it asks for income currently being received, not what they made last year. However, if you already submitted the affidavits, it shouldn't matter as long as their income continues to be above the poverty level by the time you guys are LPR's.

It doesn't matter that your aunt isn't receiving that income anymore because she and your uncle are still over the poverty level, which is the important thing. You also have proof of their current income which is what the consul will want to see.

[mrbaoswin 0]

Well, I believe the I-864, when it asks for current income, it asks for income currently being received, not what they made last year. However, if you already submitted the affidavits, it shouldn't matter as long as their income continues to be above the poverty level by the time you guys are LPR's.

It doesn't matter that your aunt isn't receiving that income anymore because she and your uncle are still over the poverty level, which is the important thing. You also have proof of their current income which is what the consul will want to see.

i think so too, thanks for all your time, have a nice day

[Kathryn41 3,205]

Thread closed at the OP's request