Form I-864 using a retired joint sponsor

[Edward&Lily 29]

Hello,

 

I entered the US on my K1 a month ago and I am preparing the AOS docs, this post relates to form I-864 and using a Retired joint sponsor. We are going to use my mother-in-law, who is on social security and retired. Her social security annual income did not meet the 125% threshold for a two person household in 2019 and 2020. But, her annual income did in 2021. We are also using proof of some of her assets since years 2020 and 2019 do not need the minimum. She has over $800k in investments - stocks, bonds and cash. So we have listed these on the form. 
 

will this be enough? 
 

the evidence we have used for these assets is statements and then a portfolio of her investments. Is this okay? 
 

we are just wondering if all of this will be okay, or if we should use someone that qualifies purely based on meeting the income requirements for all 3 years?

 

any help and tips appreciated 

[Crazy Cat 41,731]

6 minutes ago, Edward&Lily said:

if we should use someone that qualifies purely based on meeting the income requirements for all 3 years?

That is not a requirement.  A sponsor or joint sponsor must have sufficient CURRENT income or assets to qualify.  

[Edward&Lily 29]

9 minutes ago, Crazy Cat said:

That is not a requirement.  A sponsor or joint sponsor must have sufficient CURRENT income or assets to qualify.  

So are we okay or should we be using someone else?

[Wuozopo 4,293]

4 hours ago, Edward&Lily said:

So are we okay or should we be using someone else?

She doesn’t have to qualify for 3 years. Get a photocopy of her most recent Social security statement showing (2022) to include as evidence. Those are mailed out to Social Security recipients yearly to show what they will receive for the coming year. It is her gross earnings before anything is deducted. Sometimes the tax return will not include the entire gross earnings because not all of it may be taxable. 

[Edward&Lily 29]

6 minutes ago, Wuozopo said:

She doesn’t have to qualify for 3 years. Get a photocopy of her most recent Social security statement showing (2022) to include as evidence. Those are mailed out to Social Security recipients yearly to show what they will receive for the coming year. It is her gross earnings before anything is deducted. Sometimes the tax return will not include the entire gross earnings because not all of it may be taxable. 

Basically her 2021 tax year shows adjusted gross income of $132,000 on her tax return because she got some money from her IRA which was taxable and her SS benefits increased to like $20,000. So I don’t know if this means much tbh and whether she qualifies on income at all? As mentioned we included assets which is $800k+. Would they see this as sufficient if they were to disregard the income? Thanks for responding 

[Wuozopo 4,293]

35 minutes ago, Edward&Lily said:

Basically her 2021 tax year shows adjusted gross income of $132,000 on her tax return because she got some money from her IRA which was taxable and her SS benefits increased to like $20,000. So I don’t know if this means much tbh and whether she qualifies on income at all? As mentioned we included assets which is $800k+. Would they see this as sufficient if they were to disregard the income? Thanks for responding 

 Adjusted gross income is not the line they use. It is the line for 

Total Income. On a 2021 Form 1040, that is Line 9. From what you described she well exceeds the income threshold and it is proven by her 2021 tax return. You didn’t even need the assets. 

 

Income is not just salary from a job. It is pensions, social security, IRA distributions, interest, dividends , etc.  if you get any kickback on the sponsorship, it is most likely some error in filling out the form. Any little mistake and they will just stop and say does not qualify. She does,
 

Edited October 4, 2022 by Wuozopo

[Edward&Lily 29]

33 minutes ago, Wuozopo said:

 Adjusted gross income is not the line they use. It is the line for 

Total Income. On a 2021 Form 1040, that is Line 9. From what you described she well exceeds the income threshold and it is proven by her 2021 tax return. You didn’t even need the assets. 

 

Income is not just salary from a job. It is pensions, social security, IRA distributions, interest, dividends , etc.  if you get any kickback on the sponsorship, it is most likely some error in filling out the form. Any little mistake and they will just stop and say does not qualify. She does,
 

Okay that makes sense and thanks very much for your help!!