How to prove income on i-864

[joaomodesto 1]

My spouse is petitioning for me, and she didnt meet the porverty guidelines. I asked my brother whos in the military to be a joint sponsor for me, but he is now petitioning for our mom and is also married making his household size 3 currently. I know that when he fills out form i-864 for me he will have to increase that household size to 4, so his income won’t cover for me. The option we have is to include the housing allowance that he receives which is $1050 a month, so that his income would increase. I talked to a lawyer today and she recommended not to do that and get another joint sponsor, but as you may know that’s now so easy.

His income for 2021 as it is stated on his tax transcripts is 30k

When we added up the amount of allowance he gets in a year that income went to 46k

But that $1050 amount is only reflected on his LES (leave and earnings statement) 

How would i go about proving to the immigration that he can meet the guidelines on the forms? should i get a letter from his employer?

And also add together his montlhy income+LES and multiply by 12 so that would be his current income?

Edited May 7, 2022 by joaomodesto
correcting grammar

[SalishSea 18,072]

41 minutes ago, joaomodesto said:

My spouse is petitioning for me, and she didnt meet the porverty guidelines. I asked my brother whos in the military to be a joint sponsor for me, but he is now petitioning for our mom and is also married making his household size 3 currently. I know that when he fills out form i-864 for me he will have to increase that household size to 4, so his income won’t cover for me. The option we have is to include the housing allowance that he receives which is $1050 a month, so that his income would increase. I talked to a lawyer today and she recommended not to do that and get another joint sponsor, but as you may know that’s now so easy.

His income for 2021 as it is stated on his tax transcripts is 30k

When we added up the amount of allowance he gets in a year that income went to 46k

But that $1050 amount is only reflected on his LES (leave and earnings statement) 

How would i go about proving to the immigration that he can meet the guidelines on the forms? should i get a letter from his employer?

And also add together his montlhy income+LES and multiply by 12 so that would be his current income?

If "housing allowance" would not be available as a liquid asset to provide for you, I would be careful about using it.  Is it considered to be non-taxable income?   Maybe @pushbrk can weigh in here.

 

In your situation, sometimes a spouse will get a second job, or a higher-paying job.  The US job market is excellent right now.

[joaomodesto 1]

My research indicates that the housing allowance given by the U.S military is considered a non-taxable income. The hard part is how to easily demonstrate this to the USCIS so that they wont send me a RFE.

[SalishSea 18,072]

Well, current income is generally demonstrated by payslips.  Maybe you can provide official US military documentation about the nature of the housing allowance?

[joaomodesto 1]

yes, thats what im planning on doing. Military receive LES different from regular paystubs

[pushbrk 13,043]

18 hours ago, joaomodesto said:

yes, thats what im planning on doing. Military receive LES different from regular paystubs

That is exactly what you do.  While you are correct that your brother's household size will be 4 including wife, mother, himself and you, it is not yet 4 until the first of your or his mother will arrive in the USA.  If she's not in the USA now, she is not mentioned in his joint sponsor affidavit for you.

[joaomodesto 1]

6 minutes ago, pushbrk said:

That is exactly what you do.  While you are correct that your brother's household size will be 4 including wife, mother, himself and you, it is not yet 4 until the first of your or his mother will arrive in the USA.  If she's not in the USA now, she is not mentioned in his joint sponsor affidavit for you.

We both are in the USA, i’m planning on sending  the application packages at the same time or close to each other. Should i mention household size of 4 on both applications whenever it asks for that?

[pushbrk 13,043]

5 minutes ago, joaomodesto said:

We both are in the USA, i’m planning on sending  the application packages at the same time or close to each other. Should i mention household size of 4 on both applications whenever it asks for that?

Are you seeking a spouse visa and brother seeking visa for mother, or are both your husband and your mother adjusting status from within the USA.  Affidavits of support are NOT sent in at the petition stage for a visa process.

[joaomodesto 1]

8 minutes ago, pushbrk said:

Are you seeking a spouse visa and brother seeking visa for mother, or are both your husband and your mother adjusting status from within the USA.  Affidavits of support are NOT sent in at the petition stage for a visa process.

My spouse is petitioning for me, and im also adjusting my status

My brother is petitioning for my mom, whos also adjusting status

i want to file all forms together, of course one application package for me and one for my mom

[pushbrk 13,043]

53 minutes ago, joaomodesto said:

My spouse is petitioning for me, and im also adjusting my status

My brother is petitioning for my mom, whos also adjusting status

i want to file all forms together, of course one application package for me and one for my mom

OK.  I've reported the thread so an organizer or moderator can move it to the correct forum.  You are getting visa related answers here instead of adjustment of status answers, because it's a visa forum.

 

If your brother is claiming Mom as a dependent on his tax return, then she will show as a dependent on the affidavit of support he submits for you, but YOU would not appear on the affidavit he submits for Mom.  If Mom is not currently his dependent, both forms will be completed showing only a household of 3.  Even so, when you get to the interview stage, the Officer will know to apply the requirement for a household of 4.

[TBoneTX 45,850]

joaomodesto, from what specific visa are you adjusting status?  And is your husband a U.S. citizen or a permanent resident?

Edited May 8, 2022 by TBoneTX

[joaomodesto 1]

7 hours ago, TBoneTX said:

joaomodesto, from what specific visa are you adjusting status?  And is your husband a U.S. citizen or a permanent resident?

b2, my wife is us citizen

[Penguin_ie 5,995]

**** moving from Tax forum to AOS from Tourist visa forum for more answers from members experienced in this type of AOS ******