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:
VA Benefit and Disability Information Letter
DD-214
Past 12 months of Bank Statements from the Account that receives the Direct Deposits
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
