I-864 with spouse (petitioner) on VA benefits

[FrecklePrincess 4]

Hello,

I am helping a friend with her AOS application.

 

She is currently on her OPT from a F1 student visa. Her spouse is on VA benefits but makes above the 125% poverty guidelines at around $45k.The $45k are VA benefits (permanent VA Disability and then temporary GI bill) from the military that he also uses to currently study. He has no other employment as of right now but is just a student.

 

My questions regarding the I-864:

1) Page 4, Part 6: Should he answer that he is currently employed by the VA? Does he have to put anything under Part 6, Questions 5 or 6 (he is the retired from the military and is currently unemployed but bc he is a student on the GI bill)?

2) Page 5, Part 24a-c: Since the VA benefits and GI bill are non-taxable income his income for the last 3 years according to the tax filings look like they are below the poverty line when in fact he's been well above, it just isn't income that is taxed according to the IRS and hence don't show up on his tax records. Is this bad? 

 

They will submit these items to show his income:

1. VA Benefit and Disability Information Letter
2. DD-214
3. Past 12 months of Bank Statements from the Account that receives the Direct Deposits
4. VA ID Card

 

In addition, they will show her current income what she is making on her OPT ( also around $45k). I don't know how much that income matters though if you consider that her current EAD will expire in Jan 2024 (making her unemployed until she gets her new EAD as part of the AOS application issued).

 

Any help is much appreciated!

 

Thank you,

Sandra

[milimelo 4,475]

He's not employed by VA, he's receiving benefits from VA for his disability/service. 

[FrecklePrincess 4]

1 minute ago, milimelo said:

He's not employed by VA, he's receiving benefits from VA for his disability/service. 

Thank you. So should he then check "Unemployed since"?

[milimelo 4,475]

Exactly. If he's not currently working he's unemployed. This is when the personal statement in addition to I-864 will explain the matters.

[FrecklePrincess 4]

2 minutes ago, milimelo said:

Exactly. If he's not currently working he's unemployed. This is when the personal statement in addition to I-864 will explain the matters.

Personal statement? Can you elaborate? How would they add a personal statement?

[milimelo 4,475]

Just now, FrecklePrincess said:

Personal statement? Can you elaborate? How would they add a personal statement?

Separate piece of paper with the sponsor info and explanation of him being a veteran and where his income/benefits come from. This is in case they overlook the paperwork provided DD-214, benefit letter. 

[FrecklePrincess 4]

4 minutes ago, milimelo said:

Separate piece of paper with the sponsor info and explanation of him being a veteran and where his income/benefits come from. This is in case they overlook the paperwork provided DD-214, benefit letter. 

Thank you for your help!

[bobcat0807 0]

OMG, Thank you so much for asking this question! And thank you so much to the person who answered it! I'm a 100% T&P Disabled Veteran and I had no idea how to do this. Thank you again!