Denied visa for income.

[MOSTLYLOST 7]

Our application was denied because on our tax return the "total income" line is zero. All of our income is from Social Security which is shown on a different line on the 1040 form. My Social Security income alone is over the $21,550 requirement.  My wile adds another 50% as she receives SS income as well. 

 

I furnished copies of the Social Security income statements from 2020 and the originals of the 2021 income statements. I attached a statement to the I-864 saying that they needed to read the information and the correct lines on the 1040 transcript showing the SS income. 

 

This is a catch 22. If we did not file a 1040 (our income is under the limit) they would have accepted the SS statements for proof of income. Because we did file (necessary because there were refunds) they will only accept the "total income" line which is zero. 

 

They are saying we need a joint sponsor.  Is there some appeal process. We do not have anyone else as a sponsor and our income is well over the guidelines. 

[pushbrk 12,898]

What is your actual combined social security income?

 

Your "appeal" is to restate and re-document your income situation and ask them to approve you based on your actual income.  People are approved based on non-taxable income every day, but barely meeting the minimum is not guarantee.

Edited August 13, 2021 by pushbrk

[SalishSea 17,836]

5 hours ago, MOSTLYLOST said:

Our application was denied because on our tax return the "total income" line is zero. All of our income is from Social Security which is shown on a different line on the 1040 form. My Social Security income alone is over the $21,550 requirement.  My wile adds another 50% as she receives SS income as well. 

 

I furnished copies of the Social Security income statements from 2020 and the originals of the 2021 income statements. I attached a statement to the I-864 saying that they needed to read the information and the correct lines on the 1040 transcript showing the SS income. 

 

This is a catch 22. If we did not file a 1040 (our income is under the limit) they would have accepted the SS statements for proof of income. Because we did file (necessary because there were refunds) they will only accept the "total income" line which is zero. 

 

They are saying we need a joint sponsor.  Is there some appeal process. We do not have anyone else as a sponsor and our income is well over the guidelines. 

How does your wife have SS income if you are petitioning her?

[MOSTLYLOST 7]

12 hours ago, pushbrk said:

What is your actual combined social security income?

 

Your "appeal" is to restate and re-document your income situation and ask them to approve you based on your actual income.  People are approved based on non-taxable income every day, but barely meeting the minimum is not guarantee.

On our tax transcript the SS income reported for 2020 was $35,664 and the SS Benefit statements for 2021 totaled $36,132.  On the tax transcript the "total income"  basically nothing. The Embassy stated the amount needed is $21,550 

[MOSTLYLOST 7]

11 hours ago, Jorgedig said:

How does your wife have SS income if you are petitioning her?

As my wife she is entitled to receive 50% of my benefit, with no change to my benefit.  She must spend one calendar month in the USA every six months to continue receiving it. 

[Rocio0010 5,579]

21 hours ago, MOSTLYLOST said:

she receives SS income as well. 

What’s her status, if you’re petitioning for her but she still receives SS? I’m honestly confused. I’m pretty certain that SS is only for residents and citizens…

[Rocio0010 5,579]

16 hours ago, Jorgedig said:

How does your wife have SS income if you are petitioning her?

I’m scratching my head over this one…

[Adventine 3,196]

 

8 minutes ago, ra0010 said:

I’m scratching my head over this one…

 

Me too.

From the SSA website: https://www.ssa.gov/ssi/text-entitle-ussi.htm

 

Quote

 

WHO CAN RECEIVE BENEFITS ON YOUR EARNINGS RECORD?

Family members who qualify for benefits on your work record do not need work credits. However, if they file an application December 1, 1996 or later, they must be a U.S. citizen or lawfully present alien. The following information describes family members who may qualify for benefits on your work record.

 

 

 

Could it be that OP and wife filed the application before this rule came into effect in 1996?

 

[MOSTLYLOST 7]

3 minutes ago, ra0010 said:

What’s her status, if you’re petitioning for her but she still receives SS? I’m honestly confused. I’m pretty certain that SS is only for residents and citizens…

Sorry your pretty sure isn't good enough. 

 

Spouses of Social Security recipients have the right to Social Security benefits as well. They do not have to be citizens, nor permanent residents. The amount is based on their spouses SS income.

 

If they are not a permanent resident they must spend one calendar month in the USA every six months to continue to receive benefits..  You can apply up to 6 months before the 62nd birthday. At that time the SS administration will issue a SS number and card marked "not valid for employment".  Also at the age of 65 they will receive Medicare benefits.

 

https://www.ssa.gov/OACT/quickcalc/spouse.html  

 

[MOSTLYLOST 7]

4 minutes ago, Adventine said:

 

 

Me too.

From the SSA website: https://www.ssa.gov/ssi/text-entitle-ussi.htm

 

 

 

Could it be that OP and wife filed the application before this rule came into effect in 1996?

 

Your link is for SSI which covers disabled persons not normal SS benefits,

 

My wife was granted SS benefits 5 years ago when she reached 62 years of age. .  It is still available.  

 

Do you have any insight as to my original qusstion?

Edited August 13, 2021 by MOSTLYLOST

[Adventine 3,196]

@MOSTLYLOST thanks for clarifying. I learned something new today.

[MOSTLYLOST 7]

17 minutes ago, ra0010 said:

What’s her status, if you’re petitioning for her but she still receives SS? I’m honestly confused. I’m pretty certain that SS is only for residents and citizens…

Do you have any insight as to my original question?

[Rocio0010 5,579]

8 minutes ago, MOSTLYLOST said:

Sorry your pretty sure isn't good enough.

No need to get sulky. I’m sorry if I came off as ignorant, but I honestly didn’t know this was possible. I’m not saying it’s not, but the link you provided doesn’t say anything about the 1 month in the US requirement. It only says something about the age requirement.

But anyhow, back to your question. Did you file your taxes on your own, or do you have a tax pro doing it for you? Because I’m thinking that if somebody else does them for you, maybe that person can write a letter explaining the situation to the officer handling your case, who -most likely- doesn’t know much about SS benefits. Or if you do them on your own, maybe you can resubmit everything again, highlight the SS income line, and also attach a copy of the manual that explains this.

Just to clarify, you might not be able to count the immigrant’s income because, in order to qualify, they must prove that the income will continue after approval. I’m not that sure how you’d prove that with a SS income.

[Rocio0010 5,579]

11 minutes ago, MOSTLYLOST said:

Do you have any insight as to my original question?

See my last comment. 

[Mike E 11,739]

22 hours ago, MOSTLYLOST said:

our income is well over the guidelines. 

On the I-864, what did you write down for:

 

7. My current individual annual income is: $

 

?