864 Joint and SSDI non-taxable income

B

BobAndRaph

New Member
I am sponsoring my husband, but may need a joint sponsor. I am self-employed and also receive SSDI for disability. Only part of my SSDI is taxable and therefore the total on line 22 of 1040 is 18,331 instead of the actual 20,855 that I make. Therefore, we'd like to have joint sponsorship available to hand in if the interviewing officer says that mine is insufficient. This is possible because we got checklisted for the AOS twice. Once during NVC processing and once again last week after our interview was scheduled, so there will be no pre-verification at NVC, only at the interview. Both times for the total income line. I left it the same when I responded, but added a letter of explanation. Then they checklisted saying the number HAS to match taxes. Our plan is for my husband to explain this situation (with that included letter) at his interview if he is questioned. Any info or experience that could be shared for speculation here?

As for the joint, my dad has agreed. I live with my dad and stepmom, but I don't know if this makes us all one household?? They filed their taxes jointly (MFJ). They are both retired and drawing money from SS, pensions, retirement investments, etc. and after exemptions they don't make enough individually to meet the 125% FPG (line 22 on their 1040 is 17,500). I have read conflicting information on whether my dad should fill out an 864 or 864A and whether or not my stepmom also should be a sponsor so as to avoid any issues with estimating the income divisions. Also, I need clarification as to how to calculate the current annual income in this case and which forms I need to prove it all.

Please let me know if any of this is unclear or if you need any clarification. I am very motivated to resolve this ASAP since his interview is in July.


Thank you so much for any time you can give,

Bobbie and Raffaele
 
For the question about the total income line on past years' tax returns, you must put exactly the number it says on that line on your tax returns from those years.

The total income from taxes from past years doesn't have anything to do with your ability to sponsor. It's current income that determines that.
 
Thank you. I think I might be unclear so here is what I'm asking:
1..Is SSDI going to be fully countable whether it's taxable or not and has anyone been in this situation? (Or will they only see the numbers on the 864 and reject it)
2...I sent my self-employment income logs through February. Do I need new ones for his July interview?
3... Can he bring a completed joint sponsor form that he hands in only if needed?
4... Since I live with my dad and stepmom are we automatically considered one household?
5... With this atypical income for my dad and stepmom (especially so low after exemptions) which version of the 864 is appropriate? I've read that if he fills out an 864A this will essentially combine him, my stepmom, me and my husband into one household, which would result in him not being over the FPG. Is this correct?
6... If he does need to complete 864A, how do we calculate the income division between him and my stepmom for the question that asks about current annual income? And what proof do we need?

Hopefully this is clearer :)
 
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