K3/CR1 VISA - Affidavit of Support

[hassan12345 0]

I am senior citizen and 63 years old. I applied for my wife. Since my only income source is Social security money (495 Monthly) and I did not file tax for past 5 years. Can one of you please help me by answering below question.

 

1) do I have to submit an Affidavit of Support form if yes can you please tell me which one and what are the supporting documents do I have to submit?

2) Since i am senior citizen can My son (not my wife son) can be only sponsor? or I and my son have to be join sponsor? please let me know which forms and supporting documents do i have to send to NVC.

 

Please share as much details as possible. Thank you for understanding my situation and thanks in advance for your help.

 

 

Edited July 2, 2017 by hassan12345

[slycordinator 6]

Even if you have too little income pay taxes, you're still expected to file taxes. So, you should get your older filings in order. 

[hassan12345 0]

18 minutes ago, slycordinator said:

Even if you have too little income pay taxes, you're still expected to file taxes. So, you should get your older filings in order. 

I retired in 2013 since then I did not file tax now I get money from government the SSN money. I need tax files for which years?

 

my only income source is Social security money so think  below apply to me. Correct me if I am wrong. Thank you

When seniors must file

https://turbotax.intuit.com/tax-tools/tax-tips/Taxes-101/When-Does-a-Senior-Citizen-on-Social-Security-Stop-Filing-Taxes-/INF14328.html

If you are unmarried and at least 65 years of age, then you must file an income tax return if your gross income is $11,850 or more. However, if you live on Social Security benefits, you don't include this in gross income. If this is the only income you receive, then your gross income equals zero, and you don't have to file a federal income tax return. But if you do earn other income that is not tax-exempt, then each year you must determine whether the total exceeds $11,850. If you are married and file a joint return with a spouse who is also 65 or older, you must file a return if your combined gross income is $23,100 or more. If your spouse is under 65 years old, then the threshold amount decreases to $21,850. Keep in mind that these income thresholds only apply to the 2016 tax year, and generally increase slightly each year

Edited July 2, 2017 by hassan12345

[geowrian 22,338]

Welcome!

 

A few items...

1. K-3 is obsolete. It's a relic from back when CR-1/IR-1 was taking years to process. If you went for a K-3, the I-129F will almost certainly be closed and the I-130 will continue so you can pursue a CR-1/IR-1 visa.
2. You need to be current on (at least) your last 3 years of taxes. If your only income is social security benefits, then you may not be required to file. If that's the case, then you need to provide a statement explaining that you were not required to file for any years you do not provide.
3. As the primary sponsor, you must submit an I-864.
4. Without tax returns and not making sufficient income (125% of the federal poverty level for your household level), you will require a joint sponsor (unless you assets are enough to qualify...3x 125% of the poverty level). The joint sponsor will need to provide an I-864 and all supporting documentation (including tax returns) as well. Tax transcripts from the IRS are preferred, otherwise the 1040 + all W2s can be used.

 

Edit: Any USC or LPR in the US that meets the financial requirements can be a joint sponsor. So your son would be fine, if he makes enough money.

Edited July 2, 2017 by geowrian

[hassan12345 0]

4 minutes ago, geowrian said:

Welcome!

 

A few items...

1. K-3 is obsolete. It's a relic from back when CR-1/IR-1 was taking years to process. If you went for a K-3, the I-129F will almost certainly be closed and the I-130 will resume so you can pursue a CR-1/IR-1 visa.
2. You need to be current on (at least) your last 3 years of taxes. If your only income is social security benefits, then you may not be required to file. If that's the case, then you need to provide a statement explaining that you were not required to file for any years you do not provide.
3. As the primary sponsor, you must submit an I-864.
4. Without tax returns and not making sufficient income (125% of the federal poverty level for your household level), you will require a joint sponsor (unless you assets are enough to qualify...3x the poverty level). The joint sponsor will need to provide an I-864 and all supporting documentation (including tax returns) as well. Tax transcripts from the IRS are preferred, otherwise the 1040 + all W2s can be used.

Thank You and appreciate your quick response.

1) I have an approved I-130 Current status USCIS sending to NVC for further processing.

2) My only income source is SSN benefits. I did not file taxes since 2013. I have my SSN statement  and what else do you suggest to submit?

3) So I will have to Submit I-864. (So far I was reading online since my income source is SSN benefits I need to submit another version of I-864 so little confused there)

4) Ok My son will be joint sponsor he is married does  his wife need to fill up any form or submit anything there?

sorry I am just confused not trying to be over smart.

Thanks a lot again

[geowrian 22,338]

9 minutes ago, hassan12345 said:

Thank You and appreciate your quick response.

1) I have an approved I-130 Current status USCIS sending to NVC for further processing.

2) My only income source is SSN benefits. I did not file taxes since 2013. I have my SSN statement  and what else do you suggest to submit?

3) So I will have to Submit I-864. (So far I was reading online since my income source is SSN benefits I need to submit another version of I-864 so little confused there)

4) Ok My son will be joint sponsor he is married does  his wife need to fill up any form or submit anything there?

sorry I am just confused not trying to be over smart.

Thanks a lot again

1. Great. Then you're already on the path for a CR-1. I just mentioned K-3 because it was in the thread's title.
2. Unfortunately, social security benefits are not my forte. A quick search said (from several sources) that having that as your sole income source means you didn't need to file, but I will defer to others more knowledgeable in this area for specifics. You will need to provide the statement that you weren't required to file taxes.
3. Correct. Maybe you were reading about the I-864EZ (https://www.uscis.gov/i-864ez)? If you meet the requirements to do so (the first 3 questions on the form), then you can use that slightly simpler form instead.
4. If he meets the requirement using only his own income, then he can do it himself. If he is using the income from his wife as well, then he would use the I-864 and his wife would use the I-864A.
   1. Normally you can't combine income across sponsors, but family members in the same household can via the I-864A.

Edited July 2, 2017 by geowrian

[milimelo 4,541]

Hmm, maybe time to think about how you are going to maintain your household with the new spouse? If she's a senior citizen as well she won't qualify for Medicare and medical insurance alone for her could be $800 a month. 

[pghknr 14]

8 hours ago, geowrian said:

1. Great. Then you're already on the path for a CR-1. I just mentioned K-3 because it was in the thread's title.
2. Unfortunately, social security benefits are not my forte. A quick search said (from several sources) that having that as your sole income source means you didn't need to file, but I will defer to others more knowledgeable in this area for specifics. You will need to provide the statement that you weren't required to file taxes.
3. Correct. Maybe you were reading about the I-864EZ (https://www.uscis.gov/i-864ez)? If you meet the requirements to do so (the first 3 questions on the form), then you can use that slightly simpler form instead.
4. If he meets the requirement using only his own income, then he can do it himself. If he is using the income from his wife as well, then he would use the I-864 and his wife would use the I-864A.
   1. Normally you can't combine income across sponsors, but family members in the same household can via the I-864A.

sometimes in Interview CO asks to submit Joint Sponsor  I 864a ( wife)

[JFH 12,191]

Is your wife bringing substantial assets with her? I ask for two reasons. One - her assets can be used for the I-864 so if she has sufficient then this may eliminate the need for your son's involvement. Two - how are you going to support her if your social security is so little? Or is she of working age?

Edited July 2, 2017 by JFH

[hassan12345 0]

10 hours ago, geowrian said:

1. Great. Then you're already on the path for a CR-1. I just mentioned K-3 because it was in the thread's title.
2. Unfortunately, social security benefits are not my forte. A quick search said (from several sources) that having that as your sole income source means you didn't need to file, but I will defer to others more knowledgeable in this area for specifics. You will need to provide the statement that you weren't required to file taxes.
3. Correct. Maybe you were reading about the I-864EZ (https://www.uscis.gov/i-864ez)? If you meet the requirements to do so (the first 3 questions on the form), then you can use that slightly simpler form instead.
4. If he meets the requirement using only his own income, then he can do it himself. If he is using the income from his wife as well, then he would use the I-864 and his wife would use the I-864A.
   1. Normally you can't combine income across sponsors, but family members in the same household can via the I-864A.

2) I don't have that you know how can I get one and from where?

3)  the first thee question doesn't apply to me so looks like o need an I-864

4) my son he meets minimum income requirement but since he is married and last two years he filed join taxes do we have to submit anything for his wife?

 

 

thank you so much 

[hassan12345 0]

7 hours ago, milimelo said:

Hmm, maybe time to think about how you are going to maintain your household with the new spouse? If she's a senior citizen as well she won't qualify for Medicare and medical insurance alone for her could be $800 a month. 

Why she will not qualify for Medicare?

[hassan12345 0]

16 minutes ago, JFH said:

Is your wife bringing substantial assets with her? I ask for two reasons. One - her assets can be used for the I-864 so if she has sufficient then this may eliminate the need for your son's involvement. Two - how are you going to support her if your social security is so little? Or is she of working age?

 

 

She he is working age. And rest of my family members are here so I don't think the  supporting  will be problem. Do you think NVC will be asking same question?

 

No, she doesn't have enough assets 

Edited July 2, 2017 by hassan12345

[JFH 12,191]

1 hour ago, hassan12345 said:

 

 

She he is working age. And rest of my family members are here so I don't think the  supporting  will be problem. Do you think NVC will be asking same question?

 

No, she doesn't have enough assets 

The NVC doesn't ask any questions. They are merely a document gathering and forwarding service for the US embassies in the various countries. The employees are not even government employees - they are contracted from a private employment agency. They have no decision-making role in the process. 

 

The consular officer at her interview will make the decision as to whether the financial evidence submitted is sufficient or not to grant her a visa and satisfy the criteria that she won't become a public charge.

 

Here comes the next question - you are 63 but she is of working age (that could mean she is anywhere between 18 and 67). Is there a big age gap? That may be a concern...

Edited July 2, 2017 by JFH

[slycordinator 6]

1 hour ago, hassan12345 said:

Why she will not qualify for Medicare?

Because she's working age and apparently not disabled.

 

https://www.hhs.gov/answers/medicare-and-medicaid/who-is-elibible-for-medicare/index.html