Does VA Disability Count Towards Income Requirement For Affidavit Of Support?

Disability Compensation is a tax free monetary benefit paid to Veterans with disabilities that are the result of a disease or injury incurred or aggravated during active military service.

Compensation may also be paid for post-service disabilities that are considered related to disabilities occurring in service and for disabilities related to circumstances of military service, even though they may arise after service.

USCIS requires that the sponsor meet certain income requirements to be able to support their immigrant spouse so they do not become a public charge.

 

Can VA Disability Compensation Be Included On The I-864 Affidavit Of Support?

Absolutely! This is considered a form of income and because it is guaranteed, it is a reliable resource for your family.

Depending on your family size, these are the 2015 income requirements for active military and veterans:

Household Size

 

 

100% Poverty Guideline

Active duty in the U.S. Armed Forces
125% Poverty Guideline For all other sponsors (including veterans)
2 $15,930 $19,912
3 $20,090  $25,112
4 $24,250  $30,312
5 $28,410  $35,512
6 $32,570  $40,712
7 $36,730  $45,912
8 $40,890  $51,112

As you can see, the amount need is lower for active duty military but if you are a veteran you will need to use the numbers for all other sponsors.

I Have Not Filed My Tax Returns Because I Have No Taxable Income

You may be required to submit tax transcripts.
You may be required to submit tax transcripts.

If you are not required to file taxes because you have no taxable income, you can request a letter from the VA showing your annual compensation amount.

You will also need to include a letter stating your reason for not filing tax returns.

There is still a chance that you may receive a request for evidence (RFE) because you are not including tax transcripts. If this happens you have three choices:

  1. File your taxes (even if you owe no taxes, and provide transcripts)
  2. Get a co-sponsor (who has tax transcripts for the last 2 years)
  3. Use your liquid assets (must be 5X the income requirement for your household size)

The USCIS is only looking to see if you can support your new immigrant spouse and to ensure that they will not apply for government benefits.

I Have Children From A Previous Marriage That Do Not Live With Me

If you have children that do no live with you, you do not need to include them into your household size as long as you are not required to pay child support.

However, if you pay a monthly child support payment for them you must include this on the I-864 form. You must count all dependent children that you support even if they do not live with you.

If you are receiving child support, you can include this as part of your income on the I-864 form as long as this payment will continue for a few years. If your child is turning 18 within months and this payment will stop, do not include it as income.

I Am Going Back To School, Can I Use Student Loans As Income On The I-864?

studentloan-debt
You cannot use student loan as income.

No. Student loans are not considered a form of income but are instead a liability (debt). You should not include any funds that are loaned to you for school expenses.

The good news is that the USCIS does not care about how much debt you have. They wont check your credit or deny you because of bankruptcy.

The only thing that matters is that you have enough income or assets to support your immigrant spouse until they have:

  • Become a U.S. citizen
  • Worked 10 quarters
  • Abandoned their greencard
  • Dies

The affidavit of support is a legal document that is enforceable by the U.S. government. They can go after your income and assets if you do not abide by it.

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