This Blog Post is written for both a Petitioner (Spouse, Parent, Child, and Sibling) that is sponsoring a family member to receive a Green Card, and also a Co-sponsor that is joining an immigration filing to help support the Financial Stability Review, also known as the I-864 Affidavit of Support.
For starters, the I-864 Affidavit of Support is a required component for Green Card Filings, both the I-485 Adjustment of Status (Domestic USCIS Field Offices) and the DS-260 Immigrant Visa (Consulate/Embassy). The Purpose of the I-864 is to review financial stability for the benefit of the immigrant.
The I-864 is a “contract” between the sponsors and the US Government to ensure the Immigrant will be financially stable and NOT go on Public Benefits while holding the Green Card. Public Benefits are items such as Food Stamps, Section 8 Housing, Ect. If the Promise is broken, the US Government will seek REIMBURSEMENT from the sponsor(s) for any benefits provided to the Immigrant.
( Could Also be titled: I Received an RFE, but USCIS didn’t accept the VA Disability? or The NVC stated my Income requires a Co-sponsor, but I have Veteran Income?)
It is needed to understand how USCIS does its MATH. USCIS performs two (2) types of evaluations:
USCIS . . . MUST . . . be able to establish “sufficient annual income” in both the past 3 tax years AND the current Employment Income, in order to establish “financial stability.”
What is more important, having the past 3 years of qualifying income or qualifying current/future income? 100% current/future income is better. USCIS looks at the past, to HELP assess the current and future income. If you have a GREAT past 3 years, but you are dirt poor currently, only having $100 in the bank account today, USCIS would not accept the sponsorship.
For Example: There are scenarios where someone did not have employment for the prior 3 years, normally due to high school or college, and then started working a stable income, 9-5 Job, with a 12 or 13 dollars an hour rate. With a few pay stubs, a letter from the employer stating they are a great worker and show no signs of leaving, that sponsor may be “stable enough” for immigration purposes, since everyone has to start somewhere when they are young.
However, for this post, we will discuss Veteran Income, specifically VA Disability.
First, it is important to note, Veteran Income can be broken into two (2) Categories: Permanent and Temporary.
Examples of Permanent Veteran Income are:
Examples of Temporary Veteran Income are:
Second, USCIS only accepts “Permanent Veteran Income.”
Why is that? USCIS is looking for “future stability,” and temporary income does not meet those needs. Additionally, the GI Bill is supposed to be used for education and the Temporary VA Disability is supposed to be used for supplementing income and addressing shortfalls from the disability.
So the GI Bill isn’t acceptable? No, it is nice to see and show to an immigration officer, since education usually leads to a better job and higher income, but it isn’t a stable income. You could fail a class or not be able to attend classes, and the GI Bill would immediately cease (or you could be required to pay back).
Can I use BAH (Basic Allowance for Housing / Basic Housing Allowance)/ BAS (Basic Allowance for Subsistence)? That is a common “Active-Duty Question,” but it can be used in the current income calculation. It is tax-exempt, a great way to build equity in real estate or save on food costs, and usually clears the I-864 evaluations with ease.
Yes, USCIS Performs two (2) types of evaluation, regarding taxable income. Military Retirement would be taxable and appear in the prior tax filing, BUT VA Disability is not taxable and is “invisible” in the first evaluation.
In order for USCIS and the NVC to review a “non-taxable” permanent veteran income, the following are normally required:
Wouldn’t the Information Letter be sufficient? Not really. The Letter may state the monthly and annual amount to be received, but were the payments “actually” received. Providing 12 months of bank statements proves: (1) past payments actually occurred, permitting USCIS to qualify the non-taxable income, (2) it shows that there are not “deductions” from that income, in instances of Alimony or Child Support (USFSPA related matters), and (3) it complies with USCIS’s Direct Deposit document requirement.
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