Tax Returns and VA Disability Question

[KateAndMichael 1]

Hello

I am gathering my documents for applying for the K-1.

My only source of income is VA disability and I am not required to file a tax return. My disability is above the income requirement for the K-1.

Will immigration accept my VA Benefits Letter issued by the Veterans Administration as proof of income?

I have been to the IRS and verified I have no responsibility to file.  In addition there is no way to even report VA disability on the 1040, so it wouldn't show income anyway.

Anyone have some experience with this?

 

[Crazy Cat 41,814]

Yes, you can use non-taxable income.  Your VA awards letter is sufficient to show current income.  When submitting an I-864 at time of Adjustment of Status, you will indicate why you are not required to file taxes.  

Have you thought about a spousal visa instead of a K-1?

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    A denied K-1 is sent back to USCIS to expire
    

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

 

Edited March 3, 2023 by Crazy Cat

[KateAndMichael 1]

Thanks for the quick response. I will look into the CR-1.

[Crazy Cat 41,814]

30 minutes ago, KateAndMichael said:

Thanks for the quick response. I will look into the CR-1.

BTW, welcome to Visa Journey.  You have found the best source for ACCURATE immigration information, opinions, and procedures.