Disabled US Army Veteran

[Coolpops 4]

So, I am a disabled US Army veteran (natural born citizen), living here in Kenya, and receive a full disability pension as well as Social Security Disability Insurance or SSDI as income.

 

I've applied for a spouse (married to a Kenyan widow with two,13yo & 14yo, boys) visa where it is at the Nebraska NVC. I submitted documents from the Veterans Administration as well as Social Security showing how much I receive each month, plus my bank account info with my affadavit of support.

 

Today, I received notice that my income does not qualify for immigration purposes and to obtain another sponsor. I've learned from 3 different legal firms that VA disability and SSDI (but not SSI) pensions are indeed counted as income for immigration purposes and that NVC is in error. 

 

Also, the notice said our application does not qualify for "derivative" status and we will have to "make seperate applications for any other family members." I thought children were included in all this, especially since they are under 18yo.

 

I've relayed all this to the embassy in Nairobi and was hoping they can provide more information (the lady in visa processing demanded I email her instead of calling her). It seems like nobody at NVC bothered to read anything in our file (I know, a real shocker).

 

Immigration with my wife and step-boys to the US would be nice but it's not a heartbreaker if we cannot. My pensions go futher here in Kenya than in the US, especially in light of the increasing inflation, growing social tensions, fuel supply disruptions, etc going on there.

 

If disabled veterans cannot bring their foreign wives home then someone forgot to inform the 10's of thousands of vets there that already have. Any thoughts are appreciated.

[payxibka 10,045]

7 minutes ago, Coolpops said:

So, I am a disabled US Army veteran (natural born citizen), living here in Kenya, and receive a full disability pension as well as Social Security Disability Insurance or SSDI as income.

 

I've applied for a spouse (married to a Kenyan widow with two,13yo & 14yo, boys) visa where it is at the Nebraska NVC. I submitted documents from the Veterans Administration as well as Social Security showing how much I receive each month, plus my bank account info with my affadavit of support.

 

Today, I received notice that my income does not qualify for immigration purposes and to obtain another sponsor. I've learned from 3 different legal firms that VA disability and SSDI (but not SSI) pensions are indeed counted as income for immigration purposes and that NVC is in error. 

 

Also, the notice said our application does not qualify for "derivative" status and we will have to "make seperate applications for any other family members." I thought children were included in all this, especially since they are under 18yo.

 

I've relayed all this to the embassy in Nairobi and was hoping they can provide more information (the lady in visa processing demanded I email her instead of calling her). It seems like nobody at NVC bothered to read anything in our file (I know, a real shocker).

 

Immigration with my wife and step-boys to the US would be nice but it's not a heartbreaker if we cannot. My pensions go futher here in Kenya than in the US, especially in light of the increasing inflation, growing social tensions, fuel supply disruptions, etc going on there.

 

If disabled veterans cannot bring their foreign wives home then someone forgot to inform the 10's of thousands of vets there that already have. Any thoughts are appreciated.

As a US citizen, you are required to petition for each intending immigrant separately.   No derivative benefit exists in your circumstance.

 

NVC is NOT the decision maker on the affidavit of support.   This responsibility is with the consulate officer. 

Edited May 12, 2021 by payxibka

[Crazy Cat 41,850]

31 minutes ago, Coolpops said:

If disabled veterans cannot bring their foreign wives home then someone forgot to inform the 10's of thousands of vets there that already have. Any thoughts are appreciated.

They are not saying you can't petition your family.  I would find a qualified joint sponsor.  They are correct about the I-130s.  You must submit an I-130 for each family member.  They are separate cases.  There are no derivatives for immediate relatives of US citizens.  I know of no immigration benefits for disabled Army vets.  Good luck.  

Edited May 12, 2021 by Lucky Cat

[aaron2020 11,651]

27 minutes ago, Coolpops said:

So, I am a disabled US Army veteran (natural born citizen), living here in Kenya, and receive a full disability pension as well as Social Security Disability Insurance or SSDI as income.

 

I've applied for a spouse (married to a Kenyan widow with two,13yo & 14yo, boys) visa where it is at the Nebraska NVC. I submitted documents from the Veterans Administration as well as Social Security showing how much I receive each month, plus my bank account info with my affadavit of support.

 

Today, I received notice that my income does not qualify for immigration purposes and to obtain another sponsor. I've learned from 3 different legal firms that VA disability and SSDI (but not SSI) pensions are indeed counted as income for immigration purposes and that NVC is in error. 

 

Also, the notice said our application does not qualify for "derivative" status and we will have to "make seperate applications for any other family members." I thought children were included in all this, especially since they are under 18yo.

 

I've relayed all this to the embassy in Nairobi and was hoping they can provide more information (the lady in visa processing demanded I email her instead of calling her). It seems like nobody at NVC bothered to read anything in our file (I know, a real shocker).

 

Immigration with my wife and step-boys to the US would be nice but it's not a heartbreaker if we cannot. My pensions go futher here in Kenya than in the US, especially in light of the increasing inflation, growing social tensions, fuel supply disruptions, etc going on there.

 

If disabled veterans cannot bring their foreign wives home then someone forgot to inform the 10's of thousands of vets there that already have. Any thoughts are appreciated.

Hi,

 

Your VA disability and SSDI counts.  Your tax return does not reflect this income.  You got a boiler plate response when the income tax return does not meet the income threshold and advised that a Joint Sponsor might be needed.  The notice should also state that the US Embassy will make the final determination.  This is not unusual when you have non-taxable income.  Is your annual income above $33, 125?

Derivative beneficiaries are not allowed when a US citizen petitions for a spouse.  You must file separate I-130 for your stepchildren.  You will want to file right away and ask for an expedite by including the approval notice for your wife's case.  In the meantime, you will want to slow your wife's case down so her children's cases can catch up.

The immigration system is not rigged against disabled veterans.  You must meet the same requirements as everyone else.  The nature of non-taxable income creates a problem for the NVC when evaluating the I-864.  This would be the same problem for retirees with non-taxable SS retirement income, etc.  The problem of not filing for your stepchildren is a common misconception for many US citizens who petitions for a spouse and that comes from not carefully reading the I-130 instructions.  

Best of luck to you.

[Ontarkie 14,221]

~~Moved to IR1/CR1 P&P, from DCF~~

[pushbrk 12,883]

1 hour ago, aaron2020 said:

Hi,

 

Your VA disability and SSDI counts.  Your tax return does not reflect this income.  You got a boiler plate response when the income tax return does not meet the income threshold and advised that a Joint Sponsor might be needed.  The notice should also state that the US Embassy will make the final determination.  This is not unusual when you have non-taxable income.  Is your annual income above $33, 125?

Derivative beneficiaries are not allowed when a US citizen petitions for a spouse.  You must file separate I-130 for your stepchildren.  You will want to file right away and ask for an expedite by including the approval notice for your wife's case.  In the meantime, you will want to slow your wife's case down so her children's cases can catch up.

The immigration system is not rigged against disabled veterans.  You must meet the same requirements as everyone else.  The nature of non-taxable income creates a problem for the NVC when evaluating the I-864.  This would be the same problem for retirees with non-taxable SS retirement income, etc.  The problem of not filing for your stepchildren is a common misconception for many US citizens who petitions for a spouse and that comes from not carefully reading the I-130 instructions.  

Best of luck to you.

To the OP.  This is the most complete and accurate response you have received.  Thank you for your service.  

 

Unfortunately, you thought a little too much and read instructions too little.  The I-130 instructions clearly indicate you must file a petition for each immigrant.  Get those petitions filed for the children ASAP, and ask for an expedite of petition adjudication, but do not count on it happening.  

 

Sounds like your income needs to qualify for a household of 4.  If it does not, then you will need a qualified joint sponsor.  IS....your income over the $33,125 requirement?  If it is, don't give another thought to the part of the NVC notice regarding your income.  Consular Officers make that decision and will make it in your favor if your tax free retirement earnings statements reflect qualifying income.

 

What is meant by the derivative status portion of the notice. is simply that the children do not derive the privilege of applying for IR2 visas, based on your wife's approved petition.  That's why you need to file petitions for each of them.

 

[Coolpops 4]

7 hours ago, pushbrk said:

To the OP.  This is the most complete and accurate response you have received.  Thank you for your service.  

 

Unfortunately, you thought a little too much and read instructions too little.  The I-130 instructions clearly indicate you must file a petition for each immigrant.  Get those petitions filed for the children ASAP, and ask for an expedite of petition adjudication, but do not count on it happening.  

 

Sounds like your income needs to qualify for a household of 4.  If it does not, then you will need a qualified joint sponsor.  IS....your income over the $33,125 requirement?  If it is, don't give another thought to the part of the NVC notice regarding your income.  Consular Officers make that decision and will make it in your favor if your tax free retirement earnings statements reflect qualifying income.

 

What is meant by the derivative status portion of the notice. is simply that the children do not derive the privilege of applying for IR2 visas, based on your wife's approved petition.  That's why you need to file petitions for each of them.

 

Yes sir, my pension is right at $50k per yr. Thank you for the clarity. I will submit those I130s for the boys right now.

[Coolpops 4]

7 hours ago, pushbrk said:

To the OP.  This is the most complete and accurate response you have received.  Thank you for your service.  

 

Unfortunately, you thought a little too much and read instructions too little.  The I-130 instructions clearly indicate you must file a petition for each immigrant.  Get those petitions filed for the children ASAP, and ask for an expedite of petition adjudication, but do not count on it happening.  

 

Sounds like your income needs to qualify for a household of 4.  If it does not, then you will need a qualified joint sponsor.  IS....your income over the $33,125 requirement?  If it is, don't give another thought to the part of the NVC notice regarding your income.  Consular Officers make that decision and will make it in your favor if your tax free retirement earnings statements reflect qualifying income.

 

What is meant by the derivative status portion of the notice. is simply that the children do not derive the privilege of applying for IR2 visas, based on your wife's approved petition.  That's why you need to file petitions for each of them.

 

"Unfortunately, you thought a little too much and read instructions too little." 

 

Ok, I'm busted. My wife just now said the same thing this morning. The pensions are $50k so no worries on that front. I will get those filed asap with an expedite request. 

[JeanneAdil 6,505]

I, also ,  had a hard time getting NVC to accept my nontaxable income

and to all :

until NVC is satisfied that the OP has required income,  the case will sit in NVC,  they will not send it to embassy

that's what i did until a lawyer filled out a form for  me to have my guaranteed annunity accepted as my monthly income as all i had to show on tax statements was the interest on annunity

[PWB 213]

21 hours ago, aaron2020 said:

Hi,

 

Your VA disability and SSDI counts.  Your tax return does not reflect this income.  You got a boiler plate response when the income tax return does not meet the income threshold and advised that a Joint Sponsor might be needed.  The notice should also state that the US Embassy will make the final determination.  This is not unusual when you have non-taxable income.  Is your annual income above $33, 125?

Derivative beneficiaries are not allowed when a US citizen petitions for a spouse.  You must file separate I-130 for your stepchildren.  You will want to file right away and ask for an expedite by including the approval notice for your wife's case.  In the meantime, you will want to slow your wife's case down so her children's cases can catch up.

The immigration system is not rigged against disabled veterans.  You must meet the same requirements as everyone else.  The nature of non-taxable income creates a problem for the NVC when evaluating the I-864.  This would be the same problem for retirees with non-taxable SS retirement income, etc.  The problem of not filing for your stepchildren is a common misconception for many US citizens who petitions for a spouse and that comes from not carefully reading the I-130 instructions.  

Best of luck to you.

Full VA Disability payment more than meets the $33,125.00 required annual income.  That is if you are calling "full" disability as meaning 100% Disabled.  Currently VA payment for 100% disabled vet with spouse is over $3300.00 a month tax free.

[pushbrk 12,883]

4 hours ago, JeanneAdil said:

I, also ,  had a hard time getting NVC to accept my nontaxable income

and to all :

until NVC is satisfied that the OP has required income,  the case will sit in NVC,  they will not send it to embassy

that's what i did until a lawyer filled out a form for  me to have my guaranteed annunity accepted as my monthly income as all i had to show on tax statements was the interest on annunity

This is misleading and does not apply to the OP.  The OP got a notice that includes the words, "Consular Officer will make the decision".  This is a standard boilerplate response anytime assets or tax free income are used to meet the requirement.  It is NOTHING to worry about.  

 

While I'll agree that the I-864 is usually the most complicated form used in the process, it does not require an attorney to complete properly.  That you used one is your choice, and may have been a very wise choice for you.  But, in all my years here I have found that "What I did" only matters if it's also good advice for somebody else's set of circumstances.

[JeanneAdil 6,505]

16 hours ago, pushbrk said:

This is misleading and does not apply to the OP.  The OP got a notice that includes the words, "Consular Officer will make the decision".  This is a standard boilerplate response anytime assets or tax free income are used to meet the requirement.  It is NOTHING to worry about.  

 

While I'll agree that the I-864 is usually the most complicated form used in the process, it does not require an attorney to complete properly.  That you used one is your choice, and may have been a very wise choice for you.  But, in all my years here I have found that "What I did" only matters if it's also good advice for somebody else's set of circumstances.

Yes the embassy will decide but NVC will not send the packet until they are satisfied with the income / i was at NVC a year fighting this 

[pushbrk 12,883]

7 hours ago, JeanneAdil said:

Yes the embassy will decide but NVC will not send the packet until they are satisfied with the income / i was at NVC a year fighting this 

If the OP's notice says anything about the Consular Officer deciding, then NVC is finished evaluating the income, for now.  Of course three updated affidavits will go through this process later, with the same income.

 

I don't know your exact circumstances or why you had a problem, but I'm quite familiar with the notice sent in this kind of case.  They'll send the same notice to a sponsor with a million bucks in their savings account, but no "income".